Whyte & Co. £3450 bill for bl nabbing disabled car

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Schedule 12
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#1 Whyte & Co. £3450 bill for bl nabbing disabled car

Post by Schedule 12 » 15 Aug 2016 13:25

At Bow County Court.

Whyte & co took a disabled car bought on the motability scheme.

Thw claimant had to pay £2500 deposit to get a replacement motability car. He was awarded a further £200 for the loss of use of the disabled blue badge.

The rest is costs.

Noteworthy. The court held the car was exempt goods.

The court has allowed the Claimant to apply to have a detailed assessment of the fees to revover the value of the car taken £3500 less the £202 pcn. No enforcement fees due because of multiple beaches of Schedule 12 and the applicaripn of Regulation 3 of the fees regulations.

On route to 2nd case of the day.
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Thegreyman
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#2 Re: Whyte & Co. £3450 bill for bl nabbing disabled car

Post by Thegreyman » 15 Aug 2016 17:53

Was P Whyte in attendance?

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#3 Re: Whyte & Co. £3450 bill for bl nabbing disabled car

Post by Schedule 12 » 15 Aug 2016 18:04

No. They made written defence. The court examined this and evidence in great detail.
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#4 Re: Whyte & Co. £3450 bill for bl nabbing disabled car

Post by bluebottle » 16 Aug 2016 22:32

To be honest, the judge should have ripped the creditor a new one for failing to adequately and properly control their contracted EAs. Giving a civil enforcement company a WoC is not where a creditor's responsibility ends.

If the EA makes a total balls-up of it and does something like seizes a Motability car, which is on Contract Hire to the disabled person, seeing any alleged debt get struck-out should be the least of the creditor's worries.

Coming down hard on both creditors and their contracted EAs has to be the way forward to bring this sort of thing to an end.

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#5 Re: Whyte & Co. £3450 bill for bl nabbing disabled car

Post by Schedule 12 » 17 Aug 2016 08:16

The car was purchased under the Motability scheme, however, its final payment had been made and beneficial interest acquired by the debtor.

The replacement car was supplied by Motability and the court ordered the creditor pay the expenses in connection with acquiring it.

The exemption was based on photographs and a video showing the car had a blue badge in the window.

The claimant is now having a detailed assessment into the fees and costs in connection with taking it. The car was sold, but he was not paid any balance of the proceeds. A solicitor will be doing this.
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Author: dealingwithbailiffs.co.uk

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