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    • Hi, I am a private seller and I sold a CD player on eBay. The item sold for £266.77 + £9.38 postage. I would usually send high value items by Royal mail Special delivery and incur the extra cost myself, just to make sure the buyer receives their parcel.   Unfortunately the CD player I sold came with it's original box so it was slightly too large to send by Special delivery. Therefore, I thought I would try what I believed to be eBays own shipping service, Packlink. I sent the item the same day by Packlink Hermes Nextday with insurance to the full value and also paid extra from the requirement of a signature. I have the receipt from Packlink but it doesn't mention the amount insured. I'm concerned that may be deliberate. To ship by Next day with full insurance and signature requirement doubled the shipping cost but I didn't mind incurring the extra cost as long as I was covered.   The parcel arrived at the Hermes national hub but then didn't move. I tried many times but Hermes wouldn't deal with me because I booked through Packlink. Ebay wouldn't help me in anyway so my only way to communicate was via live chat on Packlink.   I informed the advisor what had happened and explained that the parcel hadn't moved since the 15th October at 1.58am. The Packlink advisor told me they would submit a request to Hermes and get back to me. When Packlink did get back to me , all they did was confirm that my package was at the hub, as per what I told them. I told them that I wished to make a formal complaint but they just ignored me. They told me they would submit an inquiry with Hermes and get back to me when they had more info.   Several days later, after numerous unsuccessful attempts to contact Hermes directly. The tracking updated on eBay, stating "There's an issue with the delivery." and "Enquiry Resolved". I contacted Packlink again to let them know and they told me they would submit a formal investigation.   The following day I received an email from packlink apologising for the delay in their response and that they had received the following response from Hermes..   Please find the carrier's latest update as follows: "I’ve tracked the journey of your parcel and unfortunately parcel is still currently at our Hub. I am truly sorry for the inconvenienced this has caused and please allow extra time for the parcel to arrive to our depot from the Hub. We will immediately process the parcel for delivery once this has been received."   I felt a little more relieved as it seemed like Hermes still had my parcel so I replied thanking Packlink for updating me.   A little later I decided to have a look at the tracking. It still said there was a problem with my delivery but this time it said "Claim code issued". I emailed Packlink to let them know that information conflicted with what they had told me but I have so far received no reply.   I am very concerned after reading all the reviews and horrors stories about these companies online. I have kept the money on Paypal but I haven't heard anything from the buyer yet. I thought it best to let the buyer get in touch wit me first, just in case the parcel had been delivered but not updated on the tracking. I know that if I was the buyer, I would of been in touch straight away, but a week later, I have still heard nothing.   I have read on other posts that I can't take Packlink to the county court with them being based in Spain, and Hermes are just ignoring me. I don't know what to do next and I don't know where to find a document that shows my full insurance for the item. I only have the receipt from Packlink which shows I paid for insurance and I have the eBay sales receipt.   Please can anyone help?   Many Thanks.
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Hi All

 

In brief my son bought a car 3 weeks ago and applied for the log book (he had the green slip).

 

Whilst parked outside our house it got clamped because of a parking fine the previous owner had incurred.

 

Despite my son having the log book back and in his name the bailiff is yet to remove the clamp claiming that the system his end has not been updated.

 

DVLA have advised we call the police but I know they won't be interested.

 

The car is obviously illegally clamped but where would we stand if we removed it?

 

Thanks in advance

Edited by dx100uk
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Hi,

Others will be along to advise but do not remove the clamp yourself as it will be classed as Criminal Damage and if you dispose of the clamp it will also be theft.

Have you got a purchase receipt?

How did the bailiff find the vehicle at the new address? Was this through an ANPR hit where they drive around streets looking for vehicles in their database?

As long as you can show that your son used his own funds to purchase the vehicle (bank withdrawal/debit card receipt if garage etc.) as mainly the log book shows the keeper not the owner so you need to establish proof of ownership.

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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Hi

 

The bailiff found it through the ANPR - he is a sad example he just drives around hoping for a hit. My son has spoken to him today and he says although he can unclamp it there is another outstanding matter regarding another ticket that my son sold and DVLA confirmed.

 

I am at my wits end with this Bailiff we have invited him round to take the car as to be honest I am past caring but he has declined saying it will remain clamped. Who gives these people such powers to bully people like this?

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If the bailiff is refusing to take the car it means it is not a lot of value and therefore the bailiff is hoping it is more of an inconvenience to you so he will get his payment and move on as otherwise he would be exerting maximum pressure for your son to pay or a low loader will be round and your sons car would be gone and stored and unless payment received it would be auctioned.

You need proof of this latest ticket that the bailiff is talking about, did your son have a ticket which he forgot to pay?

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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No my son didn't get a ticket.

This was for a car he sold over two years ago.

 

He had the acknowledgement from DVLA that he sold it but has misplaced it (typical but it was a long time ago).

I have told him to ring DVLA to get duplicate confirmation.

 

No the car isn't worth a lot and to be honest I feel like saying to the bailiff just take it as you will never get your money.

 

What a horrible piece of work he is, wouldn't unclamp it until it was in my son's name and then BOOM won't unclamp it because of a 'warrant' in my son's name.

 

Makes you want to be dishonest. Totally fed up.

Edited by dx100uk
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Thread moved to the appropriate forum...please continue to post here to your thread.

 

 

 

Regards

 

Andy

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The one you have just posted in...... Bailiffs - Help with Dealing with Bailiffs and Enforcement Agents including HCEO Forum :-D

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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Does your son have a receipt for the vehicle?

How did he pay?

Did he both tax & insure the vehicle at the time he purchased it?

Has he shown the Bailiff any of these?

What Enforcement Co does the Bailiff work for?

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Bailiff works for Marstons.

My son has a receipt for the vehicle, he paid in cash and the bailiff has all the details for this but still maintains he cannot unclamp the car.

 

Yes he did and the money comes out of my bank for both. I

 

will be sending him an invoice for loss of vehicle once it is finally unclamped.

 

I am really unhappy.

Edited by dx100uk
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The Bailiff may only Take Control of Goods that belong to the debtor - which is not your son

If he has had sight of proof that the vehicle is his and not the Debtor then he should have unclamped the vehicle.

 

What it shows on DVLA has nothing to do with this as all they show are people who are the Registered Keepers.

 

I would be contacting him to point out:

1 - proof has been provided who owns the vehicle now

2 - here are copies of applications for Road Fund Licence & Insurance in new owners name

3 - give him 2 hours maximum to unclamp vehicle

 

If he is still unwilling then you need to know which Court granted his Certificate as you will be considering filing an EAC2 complaint for his incompetence in not understanding the Taking Control of Goods Regulations 2013.

 

Probably pointless contacting Marstons as they will only say speak to the Bailiff but you could warn them of action you may take as above.

 

Where exactly has the car been clamped?

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Outside my house.

 

The thing is now he says he has a warrant for a car that my son sold 2 years ago and this is why he now won't unclamp it.

 

My son had proof (and will obtain it again) to say that the vehicle was sold and he is not liable for the charge either.

 

This bailiff is playing games and I am running out of patience.

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title updated

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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No my son didn't get a ticket. This was for a car he sold over two years ago.

 

He had the acknowledgement from DVLA that he sold it but has misplaced it (typical but it was a long time ago).

I have told him to ring DVLA to get duplicate confirmation.

 

There are number of potential problems here. Goods become 'bound' under the terms of the warrant from the date of the Notice of Enforcement. What this means is that (depending upon the date of the warrant/NoE), the previous owner would have been prohibited from selling or disposing of his vehicle to your son.

 

Secondly, there appears to be a warrant against your son in relation to a previous road traffic penalty involving your son's previous vehicle (which has been sold). In that respect, the enforcement agent appears to have taken control of his new vehicle (which he can do).

 

Did your son receive the penalty charge notice in relation to his previous vehicle?

If so, did he appeal the penalty?

What was the outcome?

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My son had proof (and will obtain it again) to say that the vehicle was sold and he is not liable for the charge either.

 

Depending on the answer to my previous post, your son may well be able to submit an Out of Time witness statement to the Traffic Enforcement Centre. All bailiff enforcement will then be placed 'on hold' for a period of approx 4-6 weeks.

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Hi

 

My son didn't receive the original ticket but he did send off the log book immediately and got a letter from DVLA acknowledging the change of ownership.

 

As an aside

I have just spoken to the Bailiff who has refused point blank to remove the clamp because DVLA haven't updated their records for the Peugeot he says the last time his office had a change was the 6th June.

 

This is complete rubbish - I am at a loss at what to do.

 

My son has a mental impairment - of which the Bailiff is aware but this doesn't seem to alter his manner or his actions.

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Hi

 

My son didn't receive the original ticket but he did send off the log book immediately and got a letter from DVLA acknowledging the change of ownership.

 

If your son failed to receive any of the notices from the council, this would indicate that the vehicle (the one that your son has sold), was not registered with DVLA to your son's address. I don't suppose that he has a copy of the V5C?

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He may just have the green slip - he will have to locate it. He bought it from a family member (3 weeks before) so things may have got muddled up at DVLA.

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I have contacted the Bailiff and asked for the details for this ticket (he hasn't told us anything) and for him to place it on the car so that we have proof. He hasn't responded yet.

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I have contacted the Bailiff and asked for the details for this ticket (he hasn't told us anything) and for him to place it on the car so that we have proof. He hasn't responded yet.

 

 

The bailiff does not have to provide details of the ticket, you should contact the Traffic Enforcement Centre for that. If the PCN was issued before the date which the car's change of ownership was registered with the DVLA, you might have a problem proving that your son is not liable.

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He may just have the green slip - he will have to locate it. He bought it from a family member (3 weeks before) so things may have got muddled up at DVLA.

That's a big red flag there. A family member got a parking ticket and the next thing the car is registered to another family member. Very much sounds like an in house transfer to defeat distress.

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I have tried for two days now to get the details of the ticket so I can file an 'Out of time' application. The bailiff is not responding - he told me Wednesday evening that he was dealing with another case but would send details. He hasn't.

 

The car is still clamped and I am at a loss as to what to do.

 

Sorry what is the 'big red flag' here?

 

My son bought this car from his aunt before getting a quote for insurance.

 

Once he had paid her he found the insurance too expensive and put it up for sale.

The man who bought it from him got the ticket - we live in Kent this ticket was incurred AFTER the sale and in Central London where my son has no business in going.

 

I can assure you that this is NOT an 'in house' transfer.

Thanks for your support though it is much appreciated.

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I have tried for two days now to get the details of the ticket so I can file an 'Out of time' application. The bailiff is not responding - he told me Wednesday evening that he was dealing with another case but would send details. He hasn't.

 

The car is still clamped and I am at a loss as to what to do.

 

All the details should be on the paperwork left by the bailiff for your son. If not, get your son to ring the office and ask for them.

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Sad to say there is no paperwork for this one. I have chased him all week all we have is the vehicle registration - so at the moment the vehicle is clamped at the bailiffs say so. He has provided no proof of any fine or court action.

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