About to pay 3rparty debt to release my car-urgent advice

Stop or Suspend Enforcement. Appeal the PCN. Claim Damages for Unlawful Interference with Vehicles.
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busybean
Posts: 4
Joined: 29 Jul 2017 12:52

#1 About to pay 3rparty debt to release my car-urgent advice

Post by busybean » 15 Sep 2017 15:26

Hi all,

Some quick advice (hopefully before payment is made) would be much appreciated.

Okay, my childrens father's car was taken last week by Marston for a PCN issued in my name and old address (although order of recovery was in new address I believe). By
Car is his, but registered in my name (v5). Insurance, road tax, breakdown reports, receipt, money transfer showing money given to seller (private seller off ebay or similar) all in his name and coming from his bank account. He brought the car nearly 2 years ago. We are not financially connected- other than the maintenance he pays me.

Completed and emailed PE7/9 to TEC whilst car was clamped, but they took the car soon after. The knew of his claim of being the owner, when they clamped, as he immediately called them and they advised him it was RK debt- he asked for time to resolve- but they took the car anyway.

Currently going through extremely difficult times- too complicated and sensitive to post on here- all can be evidenced. I am also registered disabled- my blue badge was NOT in the car.

Owner made a third party claim submitting what they asked for, then over a couple of days they kept asking for more, which he sent. The last thing they asked for was for him to complete their third party claim form, which he did. They rejected his claim verbally- saying we were joint owners- none of the documents suggest this.

A further email went out today, asking for a decision in writing in regards to third party claim, on what basis the decision was reached, by whom and also asking if the creditor (the council) was aware of the third party claim and their decision. Also pointing out that I am disabled and the vehicle is used because of my disability when needed. Also asking them to return the vehicle. They responded quickly refusing to return, advising of their verbal decision. Owner followed with a further email asking what documents they came to the decision, they advised their regional enforcement manager made the decision (MrXXXX) but he is away on leave, so they would need to speak to him for that information. All these email, the council was cc into and they have advised it's been added to the file.

He has sent an urgent formal complaint this afternoon to the council highlighting the third party claim and if we were joint owners they are depriving a disabled person (blue badge) use of the car- asking they return the car or allow him to collect it, to take control of the matter, urgently look at the TE7/9 and as gesture of good will he will pay the debt only. He hasn't heard anything back as yet.

He wants the car back, it is interfering with his work and my health- so going to all today to pay and collect- any advice on anything further he/we can try or should do?

Does Chargeback work?
Sched12- THANKS, BUT NO NEED TO REPLY- AS I HAVE READ YOUR PAGES.

Also, you may note this is the second time this has happened in the last 6weeks- as I said serious life threatening issues going at the moment for my family and me.

Thanks all

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Schedule 12
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#2 Re: About to pay 3rparty debt to release my car-urgent advice

Post by Schedule 12 » 15 Sep 2017 15:54

busybean wrote:
15 Sep 2017 15:26
Hi all,

Some quick advice (hopefully before payment is made) would be much appreciated.

Okay, my childrens father's car was taken last week by Marston for a PCN issued in my name and old address
You must appeal the PCN. Get the PCN number and (before 5pm today) call 0300 123 1059 press 6 to skip and give the PCN number and they will send you the appeal forums to complete. It will be forms TE9 and a TE7.

On the phone, ask the following

1. The date of the warrant
2. The address of the warrant
3. The amount

The bailiff company might have doctored your address, but if the warrant is to the old address, then you are laughing. You get a whole raft of damages.


(although order of recovery was in new address I believe).
Ask for a copy.



By
Car is his, but registered in my name (v5). Insurance, road tax, breakdown reports, receipt, money transfer showing money given to seller (private seller off ebay or similar) all in his name and coming from his bank account.

It's his car. The bailiff company might try saying its "joint owned" but cars cannot be owned in this way. Only one person buys the car and can show the flow of money.




He brought the car nearly 2 years ago. We are not financially connected- other than the maintenance he pays me.
Its his car. But only he can do a pay and reclaim and sue for damages. You cannot bring that action.



Completed and emailed PE7/9 to TEC whilst car was clamped, but they took the car soon after.
If you can record the TIME the TE9 was sent to the TEC, and it fell BEFORE the time the bailiff removed the car, then enforcement fails because enforcement was suspended under Paragraph 8.1. of Practice Direction 75 of the CPRs/ Bailiffs try saying the enforcement is suspended at a later time, or the next day, but the law does not provide for this postponement of the suspension of enforcement.


The knew of his claim of being the owner, when they clamped, as he immediately called them and they advised him it was RK debt


What is an RK debt?


- he asked for time to resolve- but they took the car anyway.

Currently going through extremely difficult times- too complicated and sensitive to post on here- all can be evidenced. I am also registered disabled- my blue badge was NOT in the car.
What a bummer!


Owner made a third party claim submitting what they asked for, then over a couple of days they kept asking for more, which he sent. The last thing they asked for was for him to complete their third party claim form, which he did. They rejected his claim verbally- saying we were joint owners- none of the documents suggest this.
He can make an interpleader claim at his local county court. Bailiffs never allow an interpleader claim because they know the owner does not have the money to lodge into court to make the application. He is better to deploy pay and reclaim (see http://www.dealingwithbailiffs.co.uk/Ba ... claim.html )

There is no "claim form" to make an interpleader claim. It's a procedure in CPR 85. It might be something the bailiff company has made up.


A further email went out today, asking for a decision in writing in regards to third party claim, on what basis the decision was reached, by whom and also asking if the creditor (the council) was aware of the third party claim and their decision.
The rules don't provide for the bailiff to have to explain their decision. It only gave the owner a right to apply to the court. See Interpleader claim: http://www.dealingwithbailiffs.co.uk/interpleader.htm





Also pointing out that I am disabled and the vehicle is used because of my disability when needed.

If the badge was not in the car a the time the bailiff took control of it, being disabled does not help.



Also asking them to return the vehicle.
Bailiffs only "release" a vehicle, but if the court rules on the owners side, the order requires the bailiff to deliver up the vehicle to the owner.



They responded quickly refusing to return, advising of their verbal decision. Owner followed with a further email asking what documents they came to the decision, they advised their regional enforcement manager made the decision (MrXXXX) but he is away on leave, so they would need to speak to him for that information. All these email, the council was cc into and they have advised it's been added to the file.

This won't get anwhere. The bailif company will mess you about. Being on leave is one of their many excuses.





He has sent an urgent formal complaint this afternoon to the council highlighting the third party claim and if we were joint owners
Only he owns it because he bought it, insures it and runs it. You are only a driver.




they are depriving a disabled person (blue badge) use of the car- asking they return the car or allow him to collect it, to take control of the matter, urgently look at the TE7/9 and as gesture of good will he will pay the debt only.
The bailiff will ignore it. They are a commercial comapny out to make money, or fleece it.







He hasn't heard anything back as yet.

He wants the car back, it is interfering with his work

If the car is under £1350 ebay sales prive for the same car, then its exempt goods, and he can sue.



and my health- so going to all today to pay and collect- any advice on anything further he/we can try or should do?
Follow this procedure: and DO NOT SIGN OR AGREE TO ANYTHING. ITS ALL UNDER DURESS TO GET BACK THE CAR. http://www.dealingwithbailiffs.co.uk/Ba ... claim.html If you deviate from this procedure then your claim will fail.


Does Chargeback work?
With credit card payments, most of the time it works. It depends on the mood of the bank clerk handling the chargeback.

Sched12- THANKS, BUT NO NEED TO REPLY- AS I HAVE READ YOUR PAGES.
It's not definitive. I can give case-specific answers here.


Also, you may note this is the second time this has happened in the last 6weeks- as I said serious life threatening issues going at the moment for my family and me.

Thanks all
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

busybean
Posts: 4
Joined: 29 Jul 2017 12:52

#3 Re: About to pay 3rparty debt to release my car-urgent advice

Post by busybean » 15 Sep 2017 17:06

Okay, they are no refusing to allow the owner to pay and collect- despite emailing back the owner and council in their own words that we jointly own the car. Was on the phone to the council, they said they would call them- looks more charges will be added!

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