Newlyn ditches taking control of HP cars

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Schedule 12
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#1 Newlyn ditches taking control of HP cars

Post by Schedule 12 » 07 Nov 2016 13:47

I had a new client this morning, whose 2015 Mercedes E-Class was clamped for 3 outstanding PCN's at £202 each plus 3 x £75 and a £235 enforcement stage fee, totalling £1066.

The fees are accurate and the client accepts he owes the money, but early this morning Newlyn called before dawn after clamping the car. The car is on HP and the client showed me a copy of the agreement and photographs of the car with a wheel clamp attached. It is also a plated PCO private hire vehicle licensed to trade anywhere in London.

I contacted the bailiff with a warning by text message to remove the clamp otherwise, the debtor will bring an action under section 3 of the Torts (Interference with Goods) Act 1977 and that he must seek advice.

Within 15 minutes, the bailiff had quietly returned to the scene and removed the wheel clamp and quickly left.

I was unable to negotiate the debt with the bailiff because that is a licensed activity and would otherwise be an offence under section 39(1) of the Consumer Credit Act 1974. I leave the unlicensed debt counselling business to a certain activist and campaigner on the CAG boards in frequent communication with Newlyn's solicitor.

This is evidence that Newlyn knew that clamping goods on HP is unlawful and this is a change of policy.
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#2 Re: Newlyn ditches taking control of HP cars

Post by Pote Snitkin » 07 Nov 2016 16:29

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Hopefully this is a company wide thing and not just an unsure individual bailiff.
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Schedule 12
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#3 Re: Newlyn ditches taking control of HP cars

Post by Schedule 12 » 07 Nov 2016 18:06

Its deffo a u-turn by Newlyn.

The bailiff said he sought advice from his firm.
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#4 Re: Newlyn ditches taking control of HP cars

Post by Superman_Returns » 09 Nov 2016 12:47

Which brings about the question.

Why did the bailiff need to seek advice? Was the bailiff a proper bailiff? Or does he/she not have a certificate? How can a so-called bailiff not know if HP cars can or cannot be taken? Is there a training and assessment requirement for bailiffs?

In any other industry, the person would be fired.

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Schedule 12
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#5 Re: Newlyn ditches taking control of HP cars

Post by Schedule 12 » 09 Nov 2016 15:32

Newlyn has known all about paragraph 51 of Schedule 12 all along. They got lucky with Reiss because he was unrepresented. They became greedy and took another risk with taking another HP car, but this time, the debtor lawyered up.
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