CDER EMAIL: threatening enforcement. re unknown Barking and Dagenham PCN(s)

[silverlady]

Long story short, I paid for a used car from Xhail Motors bought by son in law and have a separate thread about it. We obtained CCJ against dealer after returning faulty car to him and transferring it to his address via DVLA last April. Used BMW from Xhail Motors Barking not fit for purpose - Vehicle retailers and manufacturers - Consumer Action Group

 

The car was left outside the dealer's premises during Lockdown and accrued parking tickets before being towed by council.

 

Son in law has now received an email from cdergroup debt collectors stating he owes a debt to LB of Barking and Dagenham and threatening enforcement action.

 

We are at a different address now so have not received any letters regarding this. 

 

I am assuming Xhail Motors transferred ownership of the car back to him.

 

Reviews about cdergroup are horrendous. Son in law has sent a copy of DVLA notification of transfer of vehicle to dealer and informed them of CCJ against dealer but I am worried that they will ignore this, discover our new address and visit. I am elderly and we have a disabled child shielding here.

 

Advice please.

 

 

[dx100uk]

cder are not a DCA they are bailiffs.

pop the email up here please suitably redacted

 

dx

 

[silverlady]

From: [email protected]
Date: 13 March 2021 at 04:06:22 GMT
To: 
Subject: UNPAID DEBT NOTIFICATION - IMPORTANT NOTICE - ACCOUNT REF .... - SECURITY CODE 5051
 



Dear ,

Despite our best efforts to contact you, we note that the outstanding account with L B of Barking and Dagenham (RT) remains unpaid.

To prevent Enforcement Agents visiting you and potentially taking control of your goods you must contact us to arrange payment.

You can make a payment now using this link https://customer.cdergroup.co.uk/portal/paylink

 

or contact our dedicated team of Debt Recovery Officers on 0330 107 0023 to discuss your payment options.

Alternatively log in and manage your account online at https://customer.cdergroup.co.uk/portal.

If anyone in your home has symptoms of COVID-19, is self-isolating or has been advised to shield, please contact us on 0330 107 0023 before we visit you at home

Best regards,
CDER Group

---

Useful links:

• Make a payment or manage your CDER Group account online: customer.cdergroup.co.uk
• General information and common questions: cdergroup.co.uk/contact
• Where to find independent advice and support: cdergroup.co.uk/contact/independent-advice

CDER GROUP

CDER Group Limited is registered in England and Wales.
Company No: 04118149
Registered address: Floor 9, Peninsular House, 30-36 Monument Street, London EC3R 8LJ

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[dx100uk]

get him to contact the traffic enforcement centre at Barking and Dagenham council.

they will sort it out .

 

 

[silverlady]

Thank you

[dx100uk]

Pay a Penalty Charge Notice (PCN) | LBBD

challenge etc

at the bottom.

 

 

[silverlady]

Noted, thanks, we will contact them on Monday and hopefully can get this charge removed. I followed the link in the email and it's £406. Having already wasted over £6000 on this blinking car I'm loathe to pay anything else!

[dx100uk]

even if its just a case for now of getting an SD registered to reset things to the initial stages because he didn't physically received the PCN (for whatever reason, doesn't need one as such, but the PCN address they had was (old) wrong, so job done on that front). it gives time to then explain the whole story.

 

Which to use For Which Offence. PE2/3, TE7/9. - Bailiffs - Help with Dealing with Bailiffs and Enforcement Agents including HCEO - Consumer Action Group

[silverlady]

Please clarify. If we discover, when we telephone the traffic enforcement centre, that this is a penalty for parking charges for the car we returned to the dealer, do we then need to send forms TE7 and TE9? 

When are forms PE2 and PE3 required? They need to be sworn before a solicitor etc and may incur a fee. 

I have to say that I am tempted to just pay the £406 to avoid all this hassle!

If the dealer transferred ownership back to my son in law without his knowledge, do we even have an argument?

 

 

 

[dx100uk]

yes of course he has recourse.

when he rings they  will explain the best route and no don't pay it!

he's been done over by a dodgy car dealer and is not responsible for anything. neither are you.

 

the TE and PE forms are for two totally sep things if you read the link.

this will be at least one PCN + towing fees etc etc.

 

the £400 figure does not make sense for one PCN unless the crafty bailiff has already added their fees which they should not be doing yet and enforcement notices like the original PCN have all been served to the wrong address.

 

the SD will reset everything and no he doesn't have to pay to get it witnessed , again when he rings they will explain.

[silverlady]

OK and thank you again. You have made me feel much better about it.

[dx100uk]

 

it really is no big deal if dealt with properly.

[Bailiff Advice]

The forms that you would need (either forms TE7 and TE9) or forms PE2 & PE3, depend entirely on the actual contravention itself. If the offence was for a 'moving traffic' offence, (ie: an offence that would have been detected by CCTV camera),  then; with a couple of exceptions, the forms would be PE2 and PE3. If however, the offence had been for parking, then forms TE7 and TE9 would be required. 

 

PS: The 'exceptions' for moving traffic offences would be for Merseyflow and Dart Charge penalties. In both cases, forms TE7 and TE9 would be required. 

[silverlady]

Thank you, It was definitely not a "moving" offence as the car in question wouldn't move without being on a transporter so I'm assuming it's TE7 and TE9 but as soon as my son in law has finished work and can telephone the relevant people, we will find out exactly what the offence is.

[dx100uk]

might be better to do this on lunch break as they have limited working hours too?

 

 

[Bailiff Advice]

I have now read your other thread outlining the legal dispute regarding the vehicle. What a dreadful situation. Have you actually checked as to what has happened to the vehicle?  Has it been scrapped...has it been repaired and a new Log Book issued?  Just curious....

[silverlady]

I was contacted by the mediator before the court case and he spoke to Azim Choudry, the director of Xhail Motors, who was angry that I'd had the car transported to him and it had to be left outside his business premises because he refused to accept it. According to his account to the mediator, it accrued parking tickets before it was towed away by the council so I am assuming that it was scrapped. BMW had told us that it would cost thousands to repair so would not have been worth it.

 

Well the council were no help as they wouldn't discuss it without a PCN number but cdergroup were surprisingly helpful and have asked my son in law to send proof that we transferred the car into the dealer's name and that we returned it to him in Barking. Luckily we have documents and photos so they have been emailed and now we await an outcome or further instructions.

[dx100uk]

thats councils for you.. probably a junior.

can you ask cder for the PCN number?

 

 

[silverlady]

Will await their reaction to the evidence we've sent that my son in law wasn't in possession or the owner of the car when the offence occurred and, if they wish to pursue him rather than the dealer, that will be the next query.

 

I'm hopeful that they will feed the info back to the council though and maybe they will pursue him instead of my son in law.

[dx100uk]

you still need to deal with the PCN.

enforcement and issuance are two differing matters, CDER are simply enforcing what their client tell them too. 

 

Should enforcement conclude an issue exists whereby they won't/can't thus enforce the PCN, it doesn't negate the issuance of the PCN.

they will simply return it to the client that engaged them outlining the issue .

 

 

[silverlady]

OK thank you for explaining. I will make sure that we obtain the PCN reference so we can speak to the council.