Jump to content


  • Tweets

  • Posts

    • Thank you. I'm the type of person who has to understand how everything works.   That annoying kid in class who always has his hand up!
    • a court bailiff will not do that and fleecing DCA's cant use HCEO as its a regulated consumer credit agreement under £5k. you'll not find one CCJ thread here where this has ever been any diff. forget google! bit like the USA election was rigged and trump won twaddle.   stick with cag eh?   so use our search top right in the red banner backdoor CCJ whilst you await getting the info.      
    • please just type no need to keep hitting quote....   read what it says in red at the top of the CPR 31:14 template..carefully again.. i can see this thread continuing with these series of schoolboy errors and you screwing up if you dont learn to read and follow things carefully .   just send the CPR as is no need to worry about if or not something is applicable . they rarely respond anyway which is why we say don't miss defence filing date whatever happens..  
    • Stop worrying about bailiffs and read what dx100uk  has posted  ..........................................................
    • The two companies are lowell and cabot.   I'll get the information and come back with it.   I did do quite a bit of 'Google' research before coming on here. There's a lot of confusing information out there they seem to tell you half the story.   Just so I'm clear. Bailiffs in my situation, if authorised by a court. Can enter the property through an unlocked door and seizure goods? Or can they not do that with a consumer credit ccj? Or point me in the right direction so I can read up on it.   Thank you for your help. It's good to finally speak to somebody who tells you how it is.
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Please note that this topic has not had any new posts for the last 928 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Wondering if one of the experienced users on here can help here with this one?

 

Yesterday afternoon I found my car clamped by Marstons Bailiffs - no paperwork whatsoever only a scribble and phone number so I phoned them to find out that apparently I failed to pay the congestion charge in November last year but know nothing about it as they send all paperwork to a previous address even though I updated my address with the DVLA in 2017!!!

 

Then the bailiff stopped answering any of calls when I tried to ask her about PCN information etc and the TEC phonelines were not being answered yesterday so in a panic I phoned TfL got my PCN details, filled out the PE2/PE3 forms and headed into central London to the local magistrates court to get it signed for £25 (yes I now realise I could have gone to county court and got it for free but never mind)- was in major panic as bailiff was threatening to tow car in 2 hours- filed everything with TEC at yesterday and just had confirmation of filing today.

 

So now TfL have it the question is how long will it take to halt recovery and will they remove the clamp? Also who can I phone for advice? TfL say they have not received the filing from tec yet and the bailiffs wont answer my calls. I need the car as I am the named driver for my disabled father who needs to be taken back and forth to hospital. This has caused me an undue amount of distress and i genuinely dont feel i have done anything wrong - had I known id have to pay a congestion charge on the day in question i would have done. as it happens i have no recollection of that day whatsoever was it was a year ago and i have no access to any paperwork (bailiff has refused to give me anything ive asked for).

Edited by Andyorch
Paras
Link to post
Share on other sites

Hi.

 

 

I'm sorry you haven't had any replies so far, I expect it's because it's holiday season and the experienced users haven't been around since you posted.

 

 

I expect they'll be along today, please bear with us. :)

 

 

HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

 

Then the bailiff stopped answering any of calls when I tried to ask her about PCN information etc and the TEC phonelines were not being answered yesterday so in a panic I phoned TfL got my PCN details, filled out the PE2/PE3 forms and headed into central London to the local magistrates court to get it signed for £25 (yes I now realise I could have gone to county court and got it for free but never mind)- was in major panic as bailiff was threatening to tow car in 2 hours- filed everything with TEC at yesterday and just had confirmation of filing today.

 

So now TfL have it the question is how long will it take to halt recovery and will they remove the clamp? Also who can I phone for advice? TfL say they have not received the filing from tec yet and the bailiffs wont answer my calls. I need the car as I am the named driver for my disabled father who needs to be taken back and forth to hospital. This has caused me an undue amount of distress and i genuinely dont feel i have done anything wrong - had I known id have to pay a congestion charge on the day in question i would have done.

 

I'm sorry for the delay in responding.

 

It truly is dreadful trying to get through to the Traffic Enforcement Centre by phone and the reason for this is simply because members of the public continue to ring TEC to ask for Out of Time witness statement forms (TE7 and TE9 or PE2 and PE3) instead of downloading the forms from the TEC website !!!

 

The Traffic Enforcement Centre process OOT forms up until 4pm on any weekday.

 

If the forms are with them by that time, TEC will send electronic notification to the relevant local authority (including Highways England and Transport for London) advising that they have received the forms and instructing them to notify their relevant enforcement company of the forms and instructing them to place enforcement 'on hold'. In reality, most local authorities do NOT receive notification of the application until the following weekday morning.

 

In your case, you mention this:

 

'Filed everything with TEC yesterday and just had confirmation of filing today'

 

The above comment is rather odd because it is usual to receive confirmation from the Traffic Enforcement Centre of safe receipt within approx 15 minutes of emailing the forms.

 

Has the clamp been removed yet?

Link to post
Share on other sites

no problem and many thanks for taking the time to respond.

 

in answer to your questions:

 

1. yes I received automated confirmation immediately after sending the pe2/pe3 forms but that was at 16:30 on Monday so I guess I missed the 4 pm slot for them to file it the same day. I then phoned Tuesday morning and they said they cant see it in the system yet as it hadn't been processed and is probably still in the email and told me to phone back at 4pm. So I phoned at 4pm on Tuesday and was told 'yes these have been filed" that's what I mean by confirmation its filed - I asked when TfL will know they said between 16:30 and 17:00 they sent an automatic email for all the forms they process that day so they said I should wait until then before contacting TfL. so I did exactly that - I phoned TfL at 17:30 and then later at 19:30 and both times were told they had received no notification. Then finally I phoned at 9:30 am yesterday and was told they had received it that morning at 7:30 and halted action but would not be able to remove the clamp until TEC has made a decision and said it could be weeks!!!!

 

 

so now I am somewhat relieved that can no longer tow the car, but indeed the clamp is still on, the bailiff will not respond to my texts/calls and no one will tell me how long it takes to find out if my stat dec will be accepted or not :(

I really need the outcome soon as my disabled father relies on me for transport :(

Link to post
Share on other sites

 

1. yes I received automated confirmation immediately after sending the pe2/pe3 forms but that was at 16:30 on Monday so I guess I missed the 4 pm slot for them to file it the same day. I then phoned Tuesday morning and they said they cant see it in the system yet as it hadn't been processed and is probably still in the email and told me to phone back at 4pm.

 

So I phoned at 4pm on Tuesday and was told 'yes these have been filed" that's what I mean by confirmation its filed - I asked when TfL will know they said between 16:30 and 17:00 they sent an automatic email for all the forms they process that day

 

They said I should wait until then before contacting TfL. so I did exactly that - I phoned TfL at 17:30 and then later at 19:30 and both times were told they had received no notification. Then finally I phoned at 9:30 am yesterday and was told they had received it that morning at 7:30 and halted action but would not be able to remove the clamp until TEC has made a decision and said it could be weeks!!!!

 

 

So now I am somewhat relieved that can no longer tow the car, but indeed the clamp is still on, the bailiff will not respond to my texts/calls and no one will tell me how long it takes to find out if my stat dec will be accepted or not :(

I really need the outcome soon as my disabled father relies on me for transport :(

 

It is sadly the case that motorists complete these Out of Time witness statements without taking advice beforehand, and without ever completing county court documentation before. To give advance warning to you, because of the above, approx 65% of these applications are rejected.

 

Before submitting the OOT, you would have needed to find out the date of the contravention. Clearly you had moved address but you had not mentioned WHEN you moved and when roughly you had updated your address details with DVLA. If you could respond on these points that would assist.

 

 

Agreement. It is their decision.

 

If you make payment, you would be entitled to a refund if your application is accepted. However, I am cautious of making this suggestion. This is because of the contents of correspondence that I received two days ago from TEC which I find to be frankly alarming:

 

According the MOJ, if payment has been made of the amount statement on the warrant and bailiff fees, then the Court Officer will REJECT the OOT on the basis that the matter is CLOSED. As far as I am considered, this argument is fundamentally wrong and I WILL be challenging it !!!

Edited by honeybee13
Unwanted info on experience removed
Link to post
Share on other sites

Sorry, I should have mention this as well in my above post:

 

Although there is no legal obligation to do so, some enforcement companies will leave the vehicle immobilised for this period(approx 6 weeks) but there really should be no reason to do so. The enforcement company could just as easily list the vehicle on a Controlled Goods Agreement.

 

You mention that the vehicle is needed for the transportation needs of your father who is disabled. Does you father hold a Blue Badge? If so, you should inform the enforcement company asap.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...