Help! Baliff Just Turned Up For My Car, And I Got Abuse

[friendgeorge]

Hi

 

well a company which would not give it's name just turned up for our car, whcih we went to court for in Feb and lost, they want £3872,72 NOW or the baliff is coming back for thre car. They said due to us not paying the £2000 as agreed in feb and the rest at £60 per month that they have the right to get the car back, i rang the court who delt with the case in feb and they said they have not had an application for the return of goods, and that it sounded strange, and to ring the solicitor who is dealing with the car for on line finance, which is norrie waite and slater, i rang them and they said that i have failed to live up to the ruuling in feb and they have every right to just take the car? is this right? we are in the process of selling out home aand she said i can ask for an undertaking of the full balance to be paid when the hose goes through, bt my solicitor said that cos the house is not sold yet that he cannot agree to this, i am so afraid the abuse i jst got from the baliff was awful he was shouting that he did not give a F**k what i said he's coming back for the caroh god what can i do please help, is there a form i can complete to stop the return of goods from the court? PLEASE PLEASE HELP ME..........

[ODC]

Move the car away somewhere safe preferably a locked garage before they come back. This will give you time to think. Ask him for his authority from the court to remove the car. Phone the POLICE

[remus]

friendgeorge, do they not have to have a court order to actually take goods? check with your solicitor.

best of luck.

[friendgeorge]

hi and thanks for the advice i don;t drive to move the car, bt hubby is coming home early to do that, also they are saying they have the court order, but he would not let me take a photo copy and norrie waite and slater say they have one i don't and the court have not issued one

[ODC]

Unless they have a court order they will be commiting the Criminal Offence of Taking a Motor Vehicle without the Owners consent. Get back on to your solicitor and get proper legal advice. From what you are saying it could become a police matter

[powelll]

The court should be aware if a warrant for possession of the vehicle has been issued. Also whover is trying to take the vehicle ( sounds like a lovely chap by the way ) should have a copy of this as this is basically the authority he is acting upon.

 

Once the car is moved do not let this joker into your property or enter into conversation with him. I am assuming this was originally a HP agreement and the court has suspended possesson? What happened at court the first time?

[friendgeorge]

yes it was a suspended court order, which was issued on 15th feb 07, we have been writing and ringing norrie waite all through, my mum was getting a loan for the money for us due to credit problems but she could not get it, then we tried and it took around 5 weeks which in the end they said no, we are now selling to get away from this house we will make around £35000 on the house and we are going to pay off everything buut its gonna take a few weeks , this guy had a court order in his hand, i was trying to take a look at it, he said it was given to the baliffs 2 days ago, bt the cor said they have not issued one, what else can i do apart from ringing the police?

[ODC]

Can you get a friend to move/hide the car. Your solicitor should be able to confirm if the court order is valid

[friendgeorge]

my hubby is due home any time now, my solicitor has only just started a file for the sale of my home, as we have not yet had an viewings, it only went on the market today, nd i don;t know if he can help yet?

[ODC]

Contact your solicitor and get him to check with norrie waite and slater.

 

If this Baliff turns up again and behaves in a threatening manner ring 999 and report a breach of the peace

[Jeff2000]

Hi friendgeorge,

 

 

Subscribing.

 

A court order would be the authority to remove the car. If the bailiff is refusing to show you it properly, then there is something definitely dodgy going on! You also should see some ID.

 

Get somebody to move the car! If the bailiff returns, do not speak to them, in fact do not open the door to them! Then call the police straight away!

 

Also, take a look at the bailiff section.

 

 

http://www.consumeractiongroup.co.uk/forum/bailiffs/

 

 

Good luck, Jeff.

[vandermerwe]

The quickest was to get the police to arrive is to say you are being threatened by someone who you suspect has a firearm.

[KittyB]

The quickest was to get the police to arrive is to say you are being threatened by someone who you suspect has a firearm.

 

Please don't do this... you never know what the consequences of a call like this would actually have.

[Jeff2000]

Please don't do this... you never know what the consequences of a call like this would actually have.

 

 

You can say however, that there may be a breach of the peace!

 

 

Jeff.

[setmefree]

Or get your neighbour to phone the police and tell them you think someone is trying to steal their neighbours car

[ODC]

The quickest was to get the police to arrive is to say you are being threatened by someone who you suspect has a firearm.

Better still tell them there is a car speeding at 33 mph in a thirty limit and they will arrive even quicker.

 

Seriously though did the 'balliff' come back for the car with his ''court order''

[friendgeorge]

Hi all and thanks for the advice some of which i think could cause a prison sentance for me lol.... anyway no he did not call back and if he did today the cars not here it's miles and miles away with my hubby in work, if he does call again i am not answering the door, my hubby told me not to he's really annoyed i had to go through that yesterday and wants to well kill the man who came here, he knows he can't but my hubby is rather big and i think if he were here when that muppet callled he would of acted different, as hubby is around 3x the size of that wimp yesterday so, i will be seeing my solicitor next week and asking for him to write to online finance/ GMAC thanks again everyone, anymore info i can have would be great

[Pliny the Penuriosus]

Hi

 

well a company which would not give it's name just turned up for our car, whcih we went to court for in Feb and lost, they want £3872,72 NOW or the baliff is coming back for thre car. They said due to us not paying the £2000 as agreed in feb and the rest at £60 per month that they have the right to get the car back, i rang the court who delt with the case in feb and they said they have not had an application for the return of goods, and that it sounded strange, and to ring the solicitor who is dealing with the car for on line finance, which is norrie waite and slater, i rang them and they said that i have failed to live up to the ruuling in feb and they have every right to just take the car? is this right? we are in the process of selling out home aand she said i can ask for an undertaking of the full balance to be paid when the hose goes through, bt my solicitor said that cos the house is not sold yet that he cannot agree to this, i am so afraid the abuse i jst got from the baliff was awful he was shouting that he did not give a F**k what i said he's coming back for the caroh god what can i do please help, is there a form i can complete to stop the return of goods from the court? PLEASE PLEASE HELP ME..........

 

Under no circumstances let then have the car without a warrant issued by the court.

They have no right whatsoever to take it. Contact the Solictors & speak to a partner, not some minion. Tell them you have sort advice & they have misled you which is not only a breach of the OFT guidelines but also the solicitors rules & unless they cease their conduct & advise their client likewise you WILL make an official complaint to the OFT TS & the Law Society. Furthermore if the so called bailiffs (probably debt collectors) visit again then you will report them to the police for crminal harrassment

 

Solicitors as officers of the court are not allowed to mislead in matters of law. Such behaviour, even to 3rd parties as you is considered very serious & can lead to penalties which may include the worst sanction of all which is being struck off the roll.

 

After all that put the details of your case on here & lets see if we can help you get back at these people for making your life a misery. In other words lets see if we can reverse the situation to your favour

 

You solicitor 'bless him/her' will probably know much less than can be gleaned on this site. Also if there is a way out of this debt he/she can't encourage you to avoid it. We can

[ODC]

I agree with the above. Do not enter into ANY conversation with these thugs. If they arrive with a Court Order they will have to show it and generally will have the Police with them. If you are in any fear whatsoever from them ring 999. The mere fact that you fear violence is enough to uphold a conviction for assault. They do not have to strike you but if you honestly are in fear of being attacked they have committed an arrestable offence. So dont let them bully you. If they remain on your property when asked to leave they have committed a civil offence. If they in any way shap or form threaten you then lift the phone and ring 999. It really is that simple.

[Sparkie1723]

Is the car paid for ???

or is it still under H.P?

If it is they can't touch it anyway ....it doesnt belong to you till its paid for.....if they take it ...they are stealimg someone elses property.

 

If istis yours .... sell it to your Mum for a tenner they can't touch it ...it belongs to your Mum.

 

 

sparkie1723

[Guest ConsumersRevenge]

Depending on how much you have paid of the proginal agreement, they will need a court order to seize the car. if you have paid over a 3rd (if memory serves correct, may be half) they cannot legally take the car without this. if they do this, without authority from a judge, you can get back the total amount you have paid over the course of the agreement. read the small print, it will be in there

[Sparkie1723]

Other way around if you havent paid a third under the original H.P agreement it still belongs full title to the H.P company.

If you have paid more even the H.P company cant take it back without a court order, if you still have payments left and are up to date even the court cant make an order to the bailliffs.

To double check what I say is correct PM the Terminator he's the guy really in the know about these issues.

But I am pretty certain I'm correct, I'm looking at a HP agreement now to double check myself.

 

sparkie

[itsamomentintime]

Better still tell them there is a car speeding at 33 mph in a thirty limit and they will arrive even quicker.

 

 

 

lol

[Pliny the Penuriosus]

After payment of 1/3 a court order is required to repossess the vehicle After payment of 1/2 you can return the vehicle to the lender without having to make any further payments.

 

However the vehicle must be in good condition, fair wear & tear accepted, as if it isn't in good condition they are entitled to claim any repair costs.

[powelll]

After payment of 1/3 a court order is required to repossess the vehicle After payment of 1/2 you can return the vehicle to the lender without having to make any further payments.

 

However the vehicle must be in good condition, fair wear & tear accepted, as if it isn't in good condition they are entitled to claim any repair costs.

 

Just a quick note - the right to voluntary termination on a HP agreement only refers to CCA regulated agreements ( so in practice anything less than £25k unless old agreement ).

 

You don't have to have paid half to exercise this right - you can do so at any time but will be liable for up to 50% of the original agreement amount. On the HP agreement there should be a box entitled ' termination - your rights' with the 50% figure laid out. You can deduct payments you have made already rom this figure.

 

Below link may be useful - also if you have beend efaulted by the lender you lose the right to voluntary termination.

 

National Debtline England & Wales | Debt Advice | Factsheet 16 How To Deal With Hire Purchase Debt