Newlyn Plc clamped my car

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lashes1984
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#1 Newlyn Plc clamped my car

Post by lashes1984 » 24 May 2017 07:05

My car was clamped by Newlyn Plc on 13.03.2017.
I didn't receive a NoE and the first time I knew action was being taken was when my car was clamped. Newlyn Plc allege they sent out a NoE at the end of Feb 2017.
It's in relation to an unpaid PCN that occurred in January 2015. Long story short I submitted an Out of Time Witness Statement, which the Local Authority opposed and unfortunately my subsequent N244 application was also refused.
I didn't realise it at the time but the Local Authority committed a procedural impropriety by not referring my intial Witness Statement in April 2016 to the Adjudicator, so when I submitted this recent Out of Time Witness Statement I was more focussed on the fact that I didn't receive an Order of Recovery or a Notice of Enforcement.

My car is still subject to finance, albeit a small amount (less than £100) - my question is where do I stand in terms of my car being clamped whilst subject to finance.

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Schedule 12
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#2 Re: Newlyn Plc clamped my car

Post by Schedule 12 » 24 May 2017 10:57

The bailiff has breached paragraphs 4, 10 and 51 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

Newlyn has, or had a policy that cars on hire purchase give beneficial interest to the hirer. In your case, I do find it odd there is only £100 on the finance account. That is smaller than the final payment.

Nonetheless, the law is the law. You as the hirer is entitled to immediate access to the car.
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Pote Snitkin
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#3 Re: Newlyn Plc clamped my car

Post by Pote Snitkin » 24 May 2017 11:19

jasonDWB wrote:
24 May 2017 10:57
In your case, I do find it odd there is only £100 on the finance account. That is smaller than the final payment.
Not always - often a HP agreement doesn't have a final balloon payment, just set payments throughout.
On 25/07/17, Dodgeball said "Telling the truth isn’t slander, in fact, it wouldn’t be slander anyway, as that is verbal not written. Liable is the word you are looking for." Discuss.

lashes1984
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#4 Re: Newlyn Plc clamped my car

Post by lashes1984 » 24 May 2017 12:12

Pote Snitkin wrote:
24 May 2017 11:19
jasonDWB wrote:
24 May 2017 10:57
In your case, I do find it odd there is only £100 on the finance account. That is smaller than the final payment.
Not always - often a HP agreement doesn't have a final balloon payment, just set payments throughout.
The reason why there is only £100 is because somewhere along the line there was a missed payment somewhere and this only recently came to light when I contacted them to find out if the balance had been settled.

I brought the car used from Car Giant so there wasn't any final balloon payment just regular fixed monthly payments for a period of 36 months.

In terms of moving forward what do I do?

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Schedule 12
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#5 Re: Newlyn Plc clamped my car

Post by Schedule 12 » 24 May 2017 18:03

You can apply for an injunction and I can put you in touch with a solicitor. You must give a first person account and the copy of the finance agreement and statements showing a balance on the date the car was taken. You also need to show the car was taken by Newlyn, so anything from the bailiff to prove intention is needed. I'll need to check the finance agreement to be sure it's still the property of the lender. You can claim special damages from the loss of use of the car, for example, if your hire purchase agreement stands, then I can arrange car hire for you (insurance paid to the hire company) and that can all be recovered. It won't cost you a bean.
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lashes1984
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#6 Re: Newlyn Plc clamped my car

Post by lashes1984 » 24 May 2017 18:14

jasonDWB wrote:
24 May 2017 18:03
You can apply for an injunction and I can put you in touch with a solicitor. You must give a first person account and the copy of the finance agreement and statements showing a balance on the date the car was taken. You also need to show the car was taken by Newlyn, so anything from the bailiff to prove intention is needed. I'll need to check the finance agreement to be sure it's still the property of the lender. You can claim special damages from the loss of use of the car, for example, if your hire purchase agreement stands, then I can arrange car hire for you (insurance paid to the hire company) and that can all be recovered. It won't cost you a bean.
They havent removed the car yet, its still clamped and enforcement action is on hold whilst the Court considers my N244 application. How do I get these documents acroso you?

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#7 Re: Newlyn Plc clamped my car

Post by Schedule 12 » 24 May 2017 18:57

The bailiff is allowed to keep the car clamped while the TEC considers the application, but to protect themselves from the costs and damages, you must give the bailiff company an opportunity release the car pending the outcome of the appeal. It the bailiff company refuses, and your appeal is allowed, they pay your damages. It's deprivation of the use of the car £50 a day and you can reclaim rental car invoices for each day you lost the use of the car.



If you want me to start work, the only route is via a telephone consultation:

http://www.dealingwithbailiffs.co.uk/fo ... ?id=16812l I can see what prospect your appeal has and look at the evidence you have given. I can determine whether I can supply you with a rental car and decide which rental company supplies it.
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