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    • i will guess this is:   a debt buyer dca cannot register a default notice    if the original creditor registered a default notice then get a copy of that  staple it to a letter to PRA and demand the account is removed from your credit file forthwith or a serious complaint will be registered with the ICO and financial compensation will be sought.   give them 14 days 
    • Good Evening,    Please may I ask for some information re default markers on Credit Report ?    I had a CC with a Bank default around Jan 2014. Nothing was registered on my Credit Report The debt was later sold on a few times. Eventually to PRA in 2017 where it is unenforceable.   On my Clearscore report that I have recently downloaded it says “ In default PRA GRoup 5th April 2017”. when I click onto this it shows no markings on any month from 2014. so my question is can PRA register the default from 2017. I’m unsure if it drops off from The bank in 2014 or after PRA registered in 2017.    thanks for any advice you can give   
    • there you go all done i thought i could see you'ed left your reg number and their PCN number in your pictures.   there are quite a few threads here on this only allowed 30mins on certain esso forecourts total rubbish ofcourse  and none haver gone anywhere so far FWIW.   dx      
    • Highly likely providing you were the first private buyer to purchase the car with HP or conditional sale outstanding the solicitors will conclude that you have good title and act accordingly  As dx says let consumer law deal with this, keep the vehicle well hidden just in case but if you turn up at the sellers work and cause problems and the Police become involved  its highly likely you will be the one with big problems 
    • Seven years ago today this topic started 🤗
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Hello everyone,

I hope someone can help me get some sort of clarification and advise as to how to proceed next.

I will try and keep this brief.

I had moved out of the previous address and moved abroad in the car.

While I was abroad it seems all correspondence from TFL and Bailiffs were sent to the previous address, because the vehicle remained registered to the old address.

My previous address was in the Congestion Charge Zone, despite holding a Resident’s Discount I have been charged a full amount for crossing CC zone.

At the end of the months due to the TFL's system glitch the payment was not been processed via previously registered payment method (direct debit), and consequently, the TFL issued PCNs for non-payment of appropriate charge.

As a result, when I came back to the UK and rented accommodation at my current address, I have notified DVLA.

However, my car been seized by a bailiff and towed away without giving any notification.

 

I become aware after reporting to the police.

The vehicle contained exempt trading tools.

Notably, a new logbook arrived after 3 months when the car was towed away.

I have gone through the Statutory Declaration Out of Time process and have been granted permission to file my Stat Decs Out of Time by the Local County Court.

However, some of the N244 Applications were refused.

Despite the fact that most of the PCN were reissued to the current address, where I had a chance to challenge them, the bailiffs demanded to pay an initial debt including the paid penalties and the storage fees for all time while the car was stored at the car pound.

I was waiting for the hearing of my last N244 application at the Local County Court when I had a call from the person who had bought my car and was asking whether I can sell the car keys. Also, they stated the car boot was empty, neither construction tools nor personal belongings were contained in the car.

Please let me know what our next step is in this process.
Thanks

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I am very confused by some of what you have said above but hopefully things will become clearer if you could answer the following:

 

You mention that penalties had been issued by Transport for London.

 

How many penalties were issued?

How many Out of Time Statutory Declarations did you submit?

I am assuming that they were all initially rejected?

Did you submit all of the N244 Applications at the same time?

Was each N244 Application sent to the Traffic Enforcement Centre individually (in other words, if they were sent by email, was EACH application sent individually)?

If so, did you receive an automated email from the Traffic Enforcement Centre for each application?

Did you have to pay a fee to file the N244's or were you exempt from paying?

How much did you pay?

Did you request that the N244 Applications were to be decided with or without a personal hearing?

 

 

 

 

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Posted (edited)

Hello, 

 

Quote

How many penalties were issued?

TFL was  issued 23 PCNs. You might ask why  so many PCN's were issued. Once a vehicle registered for the  Congestion Charge (CC) AutopPay and for the CC Resident's Discount a  discounted rate of 90% collected  each month via the registered payment method (direct debit).

 

On 15/05/2020 at 13:35, Bailiff Advice said:

How many Out of Time Statutory Declarations did you submit?

The Statutory Declarations  Out of Time were submitted to the TEC online  in one go on 13.11.2018. The court officer refused all 23 applications in December, 2018. After that I have filed the N244 online again to the TEC asking to review the decision made made by the court officer. 

 

On 15/05/2020 at 13:35, Bailiff Advice said:

I am assuming that they were all initially rejected?

13 of the N244 application  were granted and later reissued to the current address.  Later  7 of the remained  N244 were refused as one of the TEC staff advised they have received my evidence of income ( all evidence was send online).

 

On 15/05/2020 at 13:35, Bailiff Advice said:

Was each N244 Application sent to the Traffic Enforcement Centre individually (in other words, if they were sent by email, was EACH application sent individually)?

Each application was sent separately with an attached evidence and X160 Ref number (Help with Fees)

 

On 15/05/2020 at 13:35, Bailiff Advice said:

Did you have to pay a fee to file the N244's or were you exempt from paying?

No, I was in low income, I was eligible to apply for help with fees by feeling x160, that I did online.

 

On 15/05/2020 at 13:35, Bailiff Advice said:

If so, did you receive an automated email from the Traffic Enforcement Centre for each application?

Yes, I have received a confirmation letter form the TEC.

 

On 15/05/2020 at 13:35, Bailiff Advice said:

Did you request that the N244 Applications were to be decided with or without a personal hearing?

Finally, I have filed  the remained  10 applications N244 asking the Tec  asking to  review the Deputy Judge's decision  the case to the local Court, where 5 applications were granted, 4 applications were refused and 1 application was lost ( the Tec confirmed it, the Local Court had never received the case papers).

Worth to note, all applications were review separately and the court hearing were stretched for almost a year.

Edited by Bolik
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Thank you for your earlier responses to my questions.

I have further queries on the N244 applications, but in the meantime, can you elaborate further on the actual seizure of the car.

 

You mention that you had a call from the person who purchased your car asking whether you can 'sell the car keys'' and that the 'boot was empty' and that construction tools and personal belongings appeared to be missing. 

 

I am assuming that the car was seized BEFORE you filed Out of Time witness statements (and N244 Applications). Is this the case?

 

Clearly, at some stage you SOLD the vehicle. I am confused at this because the title of this thread is : Bailiffs sold MY car while N244 processed by TEC.  When the car removed to the pound was it still owned by you? If so, when was this? 

 

When did you sell the car? 

How much was the sale price?

Did you advise DVLA of the sale?

When was the car sold by the bailiff company?

Do you have any idea how much it was sold for?

 

 

 

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Thank you for your earlier responses to my questions.

I have further queries on the N244 applications, but in the meantime, can you elaborate further on the actual seizure of the car.

 

You mention that you had a call from the person who purchased your car asking whether you can 'sell the car keys'' and that the 'boot was empty' and that construction tools and personal belongings appeared to be missing. 

 

I am assuming that the car was seized BEFORE you filed Out of Time witness statements (and N244 Applications). Is this the case?

 

 

Hello,  thanks for reply, 

 

The car was clamped and towed away  to bailiffs' car pound on 30 October 2018; 

I filled  and sent online to the TEC   22  of OOT applications on 13 November 2018;

So far 17 penalties were resent to my current address (17 of N244 were successive), 4 applications were refused, 1 application is in process;

I still waiting a date hearing, as the  last N244 was sent to Local County Court. In the end of March I received the telephone call from the person, who said he had purchased recently my car on the auction. He confirmed the model and registration number. He also stated the car was sold without documents and the keys for cheap,  therefore he asked if I still hold the keys and would I sell it to him. When I asked about the tools in the boot, he advised the car was empty, no trading tools nor personal belongings apart pair of shoes and working trousers. 

There was a full car boot of my construction trading tools worth near £1500.

 

Quote

Clearly, at some stage you SOLD the vehicle. I am confused at this because the title of this thread is : Bailiffs sold MY car while N244 processed by TEC.  When the car removed to the pound was it still owned by you? If so, when was this? 

When was the car sold by the bailiff company?

Do you have any idea how much it was sold for?

 

I am sorry for confusion, but I did not sold the car, it was towed away and it was remained at the bailiffs car pound.  The bailiff company has sold it presumably in February or March. I think it was sold for very cheap price. But I don't know, I can't find out it now due the Covid-19, as the Bailiffs are not operating currently.

Thanks 

 

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After they took the vehicle was you sent a notice containing an estimate of the sale price and details of the auction?

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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I have attached the copy of letter sent to the previus address. This letter was mentioned in the Bailiffs' file history in responce to the DSAR Request.

But I never seen this letter because I haven't got any relation with old address anymore.

I never received correspondence regarding the sale of the car.

 

 

marstons goods removed valuation.pdf

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  • dx100uk changed the title to Marston bailiffs sold my car while N244 processed by TEC

images posted to screen converted to PDF

please read upload

thread title updated.

 

dx

 

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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Thanks for the info

So the car was taken on the 30th of October and sold on the 14 November. As per the notice.

 

But you had sent your SD on the 13 of November, the day before it was sold?

 

I notice the valuation was above the warrant sum by quite an amount. Did you get a refund

 

Or was the rest made up of disspersements (storage))

Do you have a gbreakdown of appropriation of proceeds?

 

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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6 hours ago, Bolik said:

I did not sold the car, it was towed away and it was remained at the bailiffs car pound.  The bailiff company has sold it presumably in February or March. I think it was sold for very cheap price. But I don't know, I can't find out it now due the Covid-19, as the Bailiffs are not operating currently.

Thanks

 

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Sorry, where was the car taken from? your drive or off the road?

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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It was taken off the road at  the new address

 

At 22th of January during the conversation with Enforcement representatives

I have been told that in order to get the car I need to pay £20921,

where £7400 for the warrant

and £13470 are for the storage fees while the car was in car pound.

 

I have pointed out that 17 penalties from the warrant have been reissued by the TFL (due to the 17 granted n244) and paid Off.

 

My statement was ignored as representative advised they have not been informed.

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  • 4 months later...

In continuation to my the previous post

 

I would like to advise the car was sold on 13th March just before Covid-19 lockdown,

I have not been informed about the sale date, so I did not know about the auction and bailiffs auction.

 

Although I advised TFL (Creditor) in telephone conversation in beginning of March there is one ongoing application N244 to file a Statutory Declaration out of time still under review with TEC and County Court.


At this moment I still have not received any updates regarding the sale and personal belongings.


The court hearing will take place in November; that will last N244 application.


Although the vehicle has been sold, the Task Enforcement ignore my requests to provide with sale bill and receipt of the inventory of items.

 

I still have not receive a response from bailiffs of how I can collect my items removed from the vehicle before the sale. The TFL redirect with all enquires to bailiffs. 


 It seem I have been totally ignored by TFL and  their bailiffs. 

 

 I look forward for any feedback and advise.

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Did you not receive a notice of sale before the auction, stating time and place of sale and your amount outstanding?

Schedule 12

40(1)Before the sale, the enforcement agent must give notice of the date, time and place of the sale to the debtor and any co-owner.

(2)Regulations must state—

(a)the minimum period of notice;

(b)the form of the notice;

(c)what it must contain (besides the date, time and place of sale);

(d)how it must be given.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Oops, i seem to have asked similar questions in May !

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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1 minute ago, Peterbard said:
1 hour ago, Peterbard said:

Did you not receive a notice of sale before the auction, stating time and place of sale and your amount outstanding?

Schedule 12

40(1)Before the sale, the enforcement agent must give notice of the date, time and place of the sale to the debtor and any co-owner.

(2)Regulations must state—

(a)the minimum period of notice;

(b)the form of the notice;

(c)what it must contain (besides the date, time and place of sale);

(d)how it must be given.

I haven’t received any notices, although I had informed TfL and bailiffs about new current address. They just ignore it.

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Hi again

Thanks for your reply. Did you inform them of your change of address before the auction took place?

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Yes, I did. This information was reflected in their GDPR SAR response. I have filled a complaint to bailiffs agency requesting to explain why they ignore the regulations by not serving the debtor with the sale date and of the location where the auction will take place.  Below I have attached bailiffs response. 


You received no notice letters at your current address, but your vehicle was removed

When we receive warrant instructions, we’re also given case details about the person named on the warrant. This included a vehicle registration linked to the contraventions, which we located using our automatic number plate recognition (ANPR) system.

Although we are not told how warrant information has been obtained, the DVLA will often be the primary source for information relating to a contravening vehicle.

We also contacted the DVLA ourselves several times regarding cases in your name as part of our enforcement process, before the enforcement agent (EA) attended. This started from April 2018 through to September 2018 and the responses we received each time indicated the vehicle had remained registered in your name to the address of .... in postcode. Our correspondence prior to the EA’s attendance was posted to this address.

We located the vehicle on 30 October 2018 on ....(current address), postcode and the EA attended to take the vehicle into control.

However, as the only contact details we held for you at that time was the address; we did not have a property number for you at ...(current street name). 
 

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I see, did they leave a notice at your house when they took the ca or give any other indication that they did know the new address? Sounds a little suspect to me. 

 

How did they locate the vehicle in the first place, if it was parked outside your new address?

 

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Sorry should have re read your last response. Did you update your details via the V5 when you moved?

Edited by Peterbard
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DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Again based on the GDPR response  they had left notice attached on the car window. The car was park on the public road just opposite to the house at the current address. I did not knew it was taken away, so reported to the police. Thereafter,  I have been provided with bailiffs tel number. Yes I have sent logbook to update my address  in October, I believe it was around 18th of October, needs to double check it.But in November the DVLA requested to provide an additional evidence and proof of ownership. So the update procedures took about 3 months. DVLA issued a new logbook with my current address in February. 

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We have to have all the facts of course, otherwise we cannot give proper advice.

 

Sadly, in my opinion the EA has it right this time, by the 18th , the car had been sold. The bailiff can say you failed to update your address, which is an offence by the way. 

The car was seized on a highway, so they would have left it for two hours with a notice, then they entitled to remove it.

 

The notice you received(valuation) seems to cover all the requirements of part 39 and 40 of the act.

 

They should notify you of course of the current financial situation, how much is outstanding if  anything dispersion of proceeds  etc, I would write to them and the creditor about that. But otherwise....

 

 

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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But I have updated by sending the old logbook to DVLA just after 3 days after moving in to the new property.  So I have done everything from my side as law stated so. 
I know it will be difficult to argue about this with bailiffs who also have own prescribed methods. But the fact the same, the previous notices had been sent to the previous address while I was living abroad for several months. 
Concerning the contacting to creditor and bailiffs, the problem is both still did not responded on  two my requests since August. 

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