Jump to content


  • Tweets

  • Posts

    • OK.  So you lent your car to a friend in 2019 and he racked up three parking tickets that he tells you he didn't know anything about(!).  You were the registered keeper (RK) at the time at your family address, but you got chucked out and could not change your RK address with DVLA because you were homeless.  You knew nothing about the parking tickets and enforcement action until you got a bailiffs' letter passed on to you.  You made an Out of Time (OOT) application in respect of one PCN but Birmingham CC objected to it and the traffic court rejected your application.  A solicitor helped you make OOTs in respect of the other two PCNs but you don't yet know the outcome of those two applications.   Is that the situation you are in?   dx100uk thinks you can resubmit the application saying your friend was the driver.  I don't think saying that will help as the driver is irrelevant.  It's the owner who is liable to pay the charge and that is the RK (unless the RK is a car hire firm).  I assume you are not a car hire firm so you are stuck with the liability, not the driver.   Whether you actually can resubmit an OOT once one has been rejected I do not know, but why not try.  What did the solicitor put on the applications they helped you with?  Did you not ask their advice about the rejected application while you were with them?  I think you would have to say something to the effect that you never received any paperwork in relation to the PCNs because you had been chucked out of your home and because you were homeless you did not update your address at DVLA.  That is the truth isn't it?  You don't want to lie on the application.   To me that's a good reason for you not doing anything about the PCNs, but I suspect that Birmingham CC will object again and that the traffic court will reject again.  And, as I said above, I don't even know if you can submit a second OOT application in respect of a PCN if the first has been rejected.   So it looks to me like you might be a bit stuck.   Unless dx100uk, or spaceman61, or another poster with expertise in local authority PCNs comes along I'm not sure what you do.   If you get no more helpful suggestions here you could try on National Consumer Service.  If you do go there, do not register with a hotmail address.  You will also need to provide them with a timeline of everything for all the documents you actually have, and you will need all the facts and dates etc at your fingertips.  And make sure they are accurate.   http://forums.National Consumer Service.com/index.php?showforum=30   And get your friend to contribute to paying off the PCNs.  Do you believe he really knew nothing about them?
    • To enjoy the protection offered by s.75 CCA 1974 for a credit card payment, you must pay over £100 and under £30,000 for the goods or service (even if part payment for a larger total amount).
    • Hi Charlie and welcome to CAG   As an Executor, you have a duty to insure the property and tell the currect insurer of the passing of the deceased.   Most insurers will refuse normal contents cover on a house left unoccupied beyond 60 days. So, unoccupied, the home will not be insured against break-in damage, theft, flood, accidental damage, etc.   You may be able to obtain FLEE insurance covering only Fire, Lightening, Explosion and Earthquake. It may cost more than usual contents cover  because the home is unoccupied, even though the level/amount of cover is less than for an occupied home.   As said here already, an Executor would be wise (or indeed have a duty) to remove valuables from the home if you have somewhere safer to store them pending Probate, distribution, sale, etc.   I hope if you can explain the insurance risks to YB and assure him that you are not taking items just for your own benefit, he may see sense.   Please keep us updated ............
    • yours is not the next move   dx  
  • Our picks

Car Clamped 9:40pm / Return of Goods Order Motonovo/DG Collections


Please note that this topic has not had any new posts for the last 449 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

Okay, so an update.

 

he’s not a certificated bailiff.

 

he has a ‘repossession order’ I.E a document put together by Motonovo and a ‘judgement for delivery of goods’. Dated 10 May 2019.

 

Police are on their way when someone is available. 

 

Theres also a ‘field collections report’ which says there’s a zero account balance and zero arrears. 

 

He had one copy of each document for himself. No copies for me. I now have his copy so he has no paperwork. 

Link to post
Share on other sites

I just thought I’d update you.

 

The car has gone. There was confusion over the money owed - I and the agent thought they were collecting the arrears and costs (approx £3800). Turns out, it was the the full settlement including legal fees and enforcement costs - over £10,000. Not a chance I could afford this.

 

I’m still not convinced what happened today was legal. The three pieces of paperwork I have either state I owe nothing or just the court costs of £493. There is errors on the paperwork.

 

It concluded that because the finance company technically own the car - they can instruct basically anyone to apply a clamp/remove the vehicle. I was told this by the police. I’m not sure if it’s correct.

 

I feel completely defeated. Thankfully I am getting my insurance payout soon so can get a little runaround but god knows how I’ll cope until then. 

Link to post
Share on other sites

illegally clamped so you couldn't move it to a safe place where he could not repo it from.

 

where it was sadly he probably quite legally could recover it.

but not clamp it.

 

don't think what has happened is at all legal.

hope you filmed it all as advised

and have photos of the clamp date stamped etc

 

 

 

  • Like 1

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... 

Link to post
Share on other sites
12 hours ago, HelpNeeded321 said:

I have also now established that someone needs an SIA vehicle immobiliser licence to clamp a car...I’ve searched the register and can’t find him. Is that also correct?

How did you establish this? What register?

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

Link to post
Share on other sites
8 hours ago, HelpNeeded321 said:

I just thought I’d update you.

 

The car has gone. There was confusion over the money owed - I and the agent thought they were collecting the arrears and costs (approx £3800). Turns out, it was the the full settlement including legal fees and enforcement costs - over £10,000. Not a chance I could afford this.

 

I’m still not convinced what happened today was legal. The three pieces of paperwork I have either state I owe nothing or just the court costs of £493. There is errors on the paperwork.

 

It concluded that because the finance company technically own the car - they can instruct basically anyone to apply a clamp/remove the vehicle. I was told this by the police. I’m not sure if it’s correct.

 

I feel completely defeated. Thankfully I am getting my insurance payout soon so can get a little runaround but god knows how I’ll cope until then. 

This sounds like a nightmare! Obviously it will be a huge inconvenience for you temporarily but for an agent to turn up with paperwork which states you owe either nothing or £493.00 and the finance company actually want in excess of £10k that is some very creative accounting by somebody............

If you're that way inclined, I would certainly follow it up with someone and see if what has happened was legal and get charges removed to reduce the debt if nothing else.

 

How and more to the point who concluded that the finance company can send anyone to repossess the vehicle, the police are not experts that's for sure!!! They just want a quiet life and get out of the situation.

 

I have been trying to liaise with professional debt agencies about a very similar situation but they keep you on hold for over an hour, then go through all the income and expenditure and then you never quite get to the point that you called them about. That's not independent advice, it gets us no where.

 

I'm sorry you have gone through this experience and hope you can draw a line under it and move forward.

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

Link to post
Share on other sites
9 hours ago, HelpNeeded321 said:

 Turns out, it was the the full settlement including legal fees and enforcement costs - over £10,000. Not a chance I could afford this.

 

How much is the car worth? You are still liable for the £10,000+ minus whatever the car sells for at auction.

Link to post
Share on other sites
15 hours ago, Will Goodfellow said:

 

How much is the car worth? You are still liable for the £10,000+ minus whatever the car sells for at auction.

 

I realise this. The car is probably worth around £7k so will sell for less at auction.

 

I am also contacting a solicitor about what happened as I am convinced their actions were illegal. If it gets anywhere, I can potentially look at reducing that bill significantly. 

 

Will update with what happens.

  • Like 1
Link to post
Share on other sites
17 hours ago, Shelley181146 said:

This sounds like a nightmare! Obviously it will be a huge inconvenience for you temporarily but for an agent to turn up with paperwork which states you owe either nothing or £493.00 and the finance company actually want in excess of £10k that is some very creative accounting by somebody............

If you're that way inclined, I would certainly follow it up with someone and see if what has happened was legal and get charges removed to reduce the debt if nothing else.

 

How and more to the point who concluded that the finance company can send anyone to repossess the vehicle, the police are not experts that's for sure!!! They just want a quiet life and get out of the situation.

 

I have been trying to liaise with professional debt agencies about a very similar situation but they keep you on hold for over an hour, then go through all the income and expenditure and then you never quite get to the point that you called them about. That's not independent advice, it gets us no where.

 

I'm sorry you have gone through this experience and hope you can draw a line under it and move forward.

 

I know exactly what you mean - I spoke to two charities yesterday both of which struggled to understand the complexity of the situation and the legalities.

 

I had to basically listen to the police as I was at risk of being arrested. I sat in the car, the agent rang the police and had them tell me what he was doing was legal. They aren’t the experts but I’d rather not thrown in the cells overnight. 

  • Sad 1
Link to post
Share on other sites
  • dx100uk changed the title to Car Clamped 9:40pm / Return of Goods Order Motonovo/DG Collections
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...