About jbw

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Bibi
Posts: 2
Joined: 13 Feb 2018 09:27

About jbw

Post by Bibi » 13 Feb 2018 10:02

Hello
My car was towed away for previous owner unpaid fines. I had just bought the car
I bought the car 23rd Jan, 2 days later a bailiffs from Marstons group towed the car away for unpaid fine, I contacted them nd they sent me a questionnaire to fill nd send documents to prove m the register keeper which I did.
They replied saying because I had no insurance on the car in my name so they won't be releasing it, I explained that I had just bought it nd still looking for insurance they refuse to listen so I began searching for help online nd came across David Burton email address that works for them I immediately emailed him nd 2 days later my car was released
Less than a week later another bailiffs company called jbw cane and towed the car away again for unpaid fines from previous owner have since then sent them documents showing m the new register keep but they haven't replied

Please if you know any one that I can email at jbw that can help me speed up this process
Have tried to look for the legal and compliance managers email online but can't find it

John The Baptist
Posts: 384
Joined: 06 Jun 2017 17:22

Re: About jbw

Post by John The Baptist » 13 Feb 2018 10:26

How did you know the car was for sale? Was it advetised?

How did you get it to your home if you weren't insured to drive?

Can you prove that you paid for the car with bank statements or something similar?

How did the bailiffs find the car so quickly after you bought it? Does the previous owner live at the same address?
Dodgeball on committal for council tax being a coercive measure - "FMOTL nonsense". Discuss

Bibi
Posts: 2
Joined: 13 Feb 2018 09:27

Re: About jbw

Post by Bibi » 13 Feb 2018 10:55

It was advertised on shpock nd paid both cash nd bank transfer.
The day I bought it, the car was still insured under the sellers name nd I have another car which has comprehensive on it which means I can drive any car

And dunno how the bailiffs found the car
The guy lives in east
I live in North london
The fines doesn't belong to the seller that sold me the car, it belongs to the owner before him

John The Baptist
Posts: 384
Joined: 06 Jun 2017 17:22

Re: About jbw

Post by John The Baptist » 13 Feb 2018 11:14

Ok

You need to show JBW the advertisment and evidence of the bank transfer. JBW may also question where the cash came from and argue that most people withdraw cash from banks or building societies, rather than keep it under the carpet.

You need to find out where and to whom the notice of enforcement was sent. If it was sent to the seller, he was not allowed to sell the car after that point, it was bound in his name. This could be a potential problem.

Whilst ultimately, JBW will discuss the matter of ownership with the council, you need to write (or preferably email) JBW stating that further to your previous correspondence, you wish to claim ownership of the car and that the correspondence should be treated as a claim under Part 85 of the Civil Procedure rules.

Include your full name, address and full details of the car.

State that the reason that you are making the claim is because you bought the car on (insert date) Support your claim by providing evidence, ie:

1. The V5
2. The advert advertising the car for sale
3. Any paperwork the seller provided you
4. Any evidence you have of funds changing hands from yourself to the seller.

Bailiff companies look very suspiciously at sales that have taken place after they have become involved in the process. This is because of the large number of phony sales that people make in order to try to avoid paying the bailiff fees. They usually end in tears but you seem to have a good deal of evidence to support your claim of ownership.
Dodgeball on committal for council tax being a coercive measure - "FMOTL nonsense". Discuss

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Syd Snitkin
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Re: About jbw

Post by Syd Snitkin » 13 Feb 2018 12:08

John The Baptist wrote:
13 Feb 2018 11:14
You need to find out where and to whom the notice of enforcement was sent. If it was sent to the seller, he was not allowed to sell the car after that point, it was bound in his name. This could be a potential problem.
Para 5 of sch12 should cover that. It'll be a problem for the seller, not the buyer.
Dodgeball on the Criminal Procedure Rules - "FMOTL nonsense". Discuss.

John The Baptist
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Joined: 06 Jun 2017 17:22

Re: About jbw

Post by John The Baptist » 13 Feb 2018 12:40

Yes but pound to a penny JBW won't see it that way.

I think the whole idea of binding property is a waste of time and effort anyway. It doesn't affect a genuine sale and there is no provision for a remedy/redress against the debtor if (s)he subsequently sells the goods.
Dodgeball on committal for council tax being a coercive measure - "FMOTL nonsense". Discuss

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Schedule 12
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Re: About jbw

Post by Schedule 12 » 13 Feb 2018 13:49

Here is the procedure to make an interpleader claim.

http://www.dealingwithbailiffs.co.uk/interpleader.htm
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

Author: dealingwithbailiffs.co.uk

Phone consultation with me

Enforcement compliance Checklist

John The Baptist
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Re: About jbw

Post by John The Baptist » 13 Feb 2018 14:07

Jason - There is no need for any court claim at this stage. Furthermore, it would be wrong to start one before giving them the opportunity to return the vehicle.

There are obviously complications in this case and I'd be amazed if the buyer didn't know the seller. No insurance, no advert, cash purchase and connection between buyer and seller usually lead to one thing: Tears.

The OP should be aware that a V5 does not prove ownership and on it's own means nothing. If the bailiffs can prove a link between the buyer and seller, they will argue that the car was bound so no P85 claim will be relevant.
Dodgeball on committal for council tax being a coercive measure - "FMOTL nonsense". Discuss

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Schedule 12
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Re: About jbw

Post by Schedule 12 » 13 Feb 2018 16:30

The first stage interpleader claim doesn't require court proceedings.
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

Author: dealingwithbailiffs.co.uk

Phone consultation with me

Enforcement compliance Checklist

John The Baptist
Posts: 384
Joined: 06 Jun 2017 17:22

Re: About jbw

Post by John The Baptist » 13 Feb 2018 16:44

Correct, so all that is needed to be done is the 4 points that I mentioned above. No need for sworn witness statements, N244s or any other palaver listed in your link. Simply name, address,the reason why the car should not be sold and any supporting paperwork.
Dodgeball on committal for council tax being a coercive measure - "FMOTL nonsense". Discuss

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