Jump to content


  • Tweets

  • Posts

    • ,OK  Firstly forget about court , at least for now and possibly for ever, dont pay any fees direct to anyone. NO one has ever won a case over something like this, however, many have suffered £1000 in costs for following inaccurate advice.   I suppose this will be arrears of payment for rent or damages to next door. Was it the same Bailiff company enforcing this as performed the possession? Anyway.   Forgive me if you have already replied to the following. Was a Notice of enforcement received, where was it addressed. Where in the timeline was it sent, before the CCJ or after, if so how long after.   The reason for this Is, if the order of enforcement had not been received by the bailiff or until alter the warrant was issued to your friend, you could have bought the car, with no repercussions.   £500, probably get £50 to 100 at auction, after costs, just not enough in it for them I think they will be convinced you know where he is, hence the pressure. I dont think they will be interested in the car or anything else from you,    I did notice someone saying that VAT are not payable on HCEO fees. They are of course. These Bailiffs are self employed and therefore liable for tax. The mentions I have seen refer to the officers Firm of HCEO who are not self employed themselves of course, they are employed by the firm..   The creditor firm may be asked to pay VAT on the fees he has to pay the HCEO business(to start enforcement for instance), and it is those fees that he may be able to reclaim though his own business account, in the normal way. You cannot reclaim tax someone else has paid, unfortunately.   If you suspect fees are out of order, first step is always complain to the bailiff and the creditor. Court is never necessary in these circumstances, no legitimate adviser would ever bring the subject of  high court hearing up. Ludicrous nonesense.
    • Why would you think you could not do so ?   Visits to US are subject to US entry rules.   If you have a debt owing in an Islamic country such as Saudi Arabia, UAE, they have some court registration system, which may mean that it is noted when you attempted to visit a Middle Eastern country . You may then be stopped at the border and possibly detained while the debt issue is dealt with.
    • We're way past Feb 2019 - did you mean 2020 ?   In any event, never mind a refund - if you're not welcome at the gym, cancel the DD mandate immediately.   Don't bother with what Harlands tell you and don't speak to them at all, for any reason ! They tell porkies and have nothing at all to do with you being unwelcome at the gym.   Let us know how it goes with the No Win , No Fee solicitor.   😎
    • It was not retweeted by Trump, in fact his press secretary Stephanie Grisham said he ''strongly condems'' what he's heard of it even though she claims he hasn't yet seen it .     It has been widely criticised for being in extremely bad taste. If even Trump thinks it's over top what does it say about the decision to post it here?    
    • as post 7^^^ fee is due to be paid by 25th oct. your WS is due 2 weeks before the court hearing in nov IF lowells pay the fee!!   are your next move
  • Our picks

DCF88

ecarsuk/RS Cars - Advice on small claims on faulty vehicle

Recommended Posts

That's why it's very satisfying to put the sheriffs in to enforce against somebody who has really treated you in a very dismissive way. I'm afraid that the County Court bailiffs have comparatively little teeth and also they don't levy this fee at all.


Share this post


Link to post
Share on other sites

Incidentally, if they do manage to enforce the judgement it could be that they are offered a cheque for the money. It is highly likely that the sheriffs will phone you and ask you if that's okay. The answer has to be a definite – No. It's either cash – or equipment/vehicles.

If you are prepared to accept a cheque you could find that you have been given a bouncer and then you have further complications to deal with.

Cash only.


Share this post


Link to post
Share on other sites
16 hours ago, BankFodder said:

Incidentally, if they do manage to enforce the judgement it could be that they are offered a cheque for the money. It is highly likely that the sheriffs will phone you and ask you if that's okay. The answer has to be a definite – No. It's either cash – or equipment/vehicles.

If you are prepared to accept a cheque you could find that you have been given a bouncer and then you have further complications to deal with.

Cash only.

 

Very good point which I thought about a couple days back actually, I didn’t know if I had a choice in the matter of how I receive payment but if I do then yes cash would be the obvious answer.

 

Ive kind of told myself that he’s going to wriggle out of this so receiving any money from him doesn’t really come into my thinking at the moment.

Share this post


Link to post
Share on other sites

Also the other thing whilst all this is going on I am still paying out tax and insurance on the car, when could I possibly end this?

Share this post


Link to post
Share on other sites

I can't give you an answer on this.  The risk is that while the car is still technically yours then you will have certain liabilities.  

It's not a nice position to be in.  I'm sorry


Share this post


Link to post
Share on other sites
19 minutes ago, BankFodder said:

I can't give you an answer on this.  The risk is that while the car is still technically yours then you will have certain liabilities.  

It's not a nice position to be in.  I'm sorry

 

Yeh understood, just have to suck it up for now. At what point is that car not mine is my question I guess?

 

Even if he paid, I still have the logbook in my name at that point.

Share this post


Link to post
Share on other sites

Maybe @Chuffnut or @Manxman in exile or @Dodgeball can chip in on this


Share this post


Link to post
Share on other sites

OP - Hope you got this resolved during the last week.

 

If not, I would only add that HCEOs should be able to take an electronic debit card payment (not credit card) which I presume is as good as cash.

Share this post


Link to post
Share on other sites
On 05/05/2019 at 08:40, BankFodder said:

Maybe @Chuffnut or @Manxman in exile or @Dodgeball can chip in on this

Don't you think it would be appropriate to update the 

with the correct info re rejection ? You are still promoting misinformed bad advise. You aren't helping consumers. You've admitted your wrong (with no appologies) to retailers, do something about it Bankfodder.

Share this post


Link to post
Share on other sites
10 minutes ago, stinky-pants said:

Don't you think it would be appropriate to update the 

with the correct info re rejection ? You are still promoting misinformed bad advise. You aren't helping consumers. You've admitted your wrong (with no appologies) to retailers, do something about it Bankfodder.

 

You are quite right. Please would you mind crawling over the site and finding anyplace where you think there should be changes and flag it up to us with a suggested form of words and will have a look.

Thanks


Share this post


Link to post
Share on other sites
On 13/05/2019 at 12:09, Manxman in exile said:

OP - Hope you got this resolved during the last week.

 

If not, I would only add that HCEOs should be able to take an electronic debit card payment (not credit card) which I presume is as good as cash.

 

Hi, I have today been notified that the high court writ is received so to expect 13 more days before they can actually attend his location. 

 

I can see @BankFodder has tagged you in a post above, are you able to advise on how I go about ownership of the car in this situation, when do I actually not own the car anymore which would enable me to then cancel insurance, tax etc on it?

Share this post


Link to post
Share on other sites

Can't really help I'm afraid.  BF thinks I know about cars because of an exchange we had on another thread, but I don't (apart from common sense!)

 

What I would say is:

 

1. I presume you will want to retain ownership until you've got the judgment paid

 

2.  Then you want to make sure you are no longer the registered keeper.  Look on your V5C and it should tell you what to do if the car is returned to trade (I assume this is how this should be interpreted).  In any event make sure DVLA know you are no longer the registered keeper.  Might be an idea to call them for advice - though I understand they can be hard to get on the 'phone.

 

3.  Not sure how ownership formally transfers eg is documentation needed?  Note the registered keeper is not necessarily the owner of the vehicle - in fact the V5C says it is not evidence of ownership.

 

4.  Also not sure about how the insurance works.  If you are no longer registered keeper, does that mean you are no longer responsible for insurance?  Or do you need to transfer ownership first?  You could try asking DVLA about this too.

 

5.  There is a DVLA board on here where you could ask for clarification on these questions.

 

As I say I'm no expert so I wouldn't describe the above as "advice", but it may be a starting point for you.  I'm sure other posters are in a better position to give advice you can rely on - don't rely on me!

  • Like 1
  • Thanks 1

Share this post


Link to post
Share on other sites
14 minutes ago, Manxman in exile said:

Can't really help I'm afraid.  BF thinks I know about cars because of an exchange we had on another thread, but I don't (apart from common sense!)

 

What I would say is:

 

1. I presume you will want to retain ownership until you've got the judgment paid

 

2.  Then you want to make sure you are no longer the registered keeper.  Look on your V5C and it should tell you what to do if the car is returned to trade (I assume this is how this should be interpreted).  In any event make sure DVLA know you are no longer the registered keeper.  Might be an idea to call them for advice - though I understand they can be hard to get on the 'phone.

 

3.  Not sure how ownership formally transfers eg is documentation needed?  Note the registered keeper is not necessarily the owner of the vehicle - in fact the V5C says it is not evidence of ownership.

 

4.  Also not sure about how the insurance works.  If you are no longer registered keeper, does that mean you are no longer responsible for insurance?  Or do you need to transfer ownership first?  You could try asking DVLA about this too.

 

5.  There is a DVLA board on here where you could ask for clarification on these questions.

 

As I say I'm no expert so I wouldn't describe the above as "advice", but it may be a starting point for you.  I'm sure other posters are in a better position to give advice you can rely on - don't rely on me!

 

Thanks for the help, much appreciated.

Share this post


Link to post
Share on other sites
21 hours ago, BankFodder said:

 

You are quite right. Please would you mind crawling over the site and finding anyplace where you think there should be changes and flag it up to us with a suggested form of words and will have a look.

Thanks

It's not for me to crawl over your site, that's for you to take responsibility and ownership. I'm very surprised you haven't already taken ownership in this matter and updated each post where you have stated a buyer can simply reject a car within 30 days.

 

Don't you think it would be pertinent to update those posts with an acknowledgement your advise was wrong. I think that is the very least you should do. I'm thinking of all those people who are currently pending a court case with a belief their case is based on the correct advise, when its been in fact totally wrong. 

Share this post


Link to post
Share on other sites

I think the only issue with that is that the site is voluntary run

 

It relies on people helping between their day jobs and to be honest between other things that they have in their lives as well

 

I'm sure things will be updated but it can't be expected to be instant unfortunately 

  • Thanks 2

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

Share this post


Link to post
Share on other sites

Small update,

 

defendant has actually wrote on the judgement letter ‘THIS COMPANY IS NOT IN BUSINESS’ which has returned the letter to the sender which in turn has been sent to me.

 

Ive informed the enforcement officers who have basically said ignore it as he’ll have to prove this when we attend his address. He’s obviously in a rush to shut this company down and trade under a new name which isn’t good news for myself.

Share this post


Link to post
Share on other sites

Thanks for the update.  I suppose that it is not unexpected


Share this post


Link to post
Share on other sites

So I have an update and sadly it seems he’s got away with it which is not unexpected but disappointing that someone can do that so easily. That seems to be that, I don’t think I can really take it any further?

 

Quote

ENFORCEMENT AGENT ATTENDANCE REPORT: FIRST ATTENDANCE ENFORCEMENT AGENT MR BUTCHER ATTENDED THE WRIT ADDRESS OF UNIT 11 FREEMAN’S PARC, AT 09:50HRS ON THE 30TH MAY 2019. THE AGENT CHECKED ONLINE FOR THE COMPANY PRIOR TO THE VISIT AND CHECKS SHOW THAT THE BUSINESS IS PERMANENTLY CLOSED AND DOCUMENTS ON COMPANIES’ HOUSE SHOWING THAT BUSINESS WILL BE INSOLVENT. THE AGENT ATTENDED THE ADDRESS AND THERE IS A COMPANY NAMED RS CARS WITH THE DIRECTOR BEING A MR ROBERT SMITH. THE AGENT MET WITH MR SMITH AND WAS SHOWN SUFFICIENT PROOF TO STATE THAT ITS IS NOW RS CARS TRADING FROM THIS ADDRESS WITH NO ASSETS BELONGING TO ECARSUK LIMITED. YOU MAY WISH TO TRACE THE DEBTOR TO FIND A NEW ADDRESS FOR ENFORCEMENT. YOU CAN INSTRUCT AN INDEPENDENT PERSON, CONDUCT THE SEARCHES YOURSELF OR WE ALSO OFFER A TRACING SERVICE FOR £75+VAT. UNFORTUNATELY, SHOULD THERE BE NO FURTHER ADDRESS FOR ENFORCEMENT DUE TO THE INFORMATION PROVIDED, WE ARE UNABLE TO SATISFY THE WRIT AS WE HAVE NO VALID ADDRESS AND WOULD NEED TO CLOSE THE CASE. AS ADVISED IN THE TERMS AND CONDITIONS A COMPLIANCE/ABORTIVE FEE OF £75 PLUS VAT WOULD BE APPLIED. IF WE DO NOT HEAR FROM YOU IN 7 DAYS, THE CASE WILL BE PASSED TO OUR ADMIN DEPARTMENT TO CLOSE.

 

Share this post


Link to post
Share on other sites

I think you're right. I'm very sorry. All I can suggest is that you keep an eye on the various trading names of this company and make sure that it appears in reviews around the Internet as a warning to others. Also the names of any directors.


Share this post


Link to post
Share on other sites
Posted (edited)

Hmm...  Sounds like you're stuffed.

 

Wait and see if others have any further advice.  You may need to bump this thread a few times if they're going to close enforcement after seven days.

 

EDIT: Cross posted with BF.

Edited by Manxman in exile
cross post

Share this post


Link to post
Share on other sites

He already has the new company set up and I shall definitely be leaving some tasty reviews to warn other people.

 

Thanks to everyone here who helped me.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...