Jacob bailif took my car away without permission!!!

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Jenny225
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#1 Re: Jacob bailif took my car away without permission!!!

Post by Jenny225 » 30 May 2017 21:05

Hi we brought the car 2 weeks ago we are awaiting for a log book. So the car was parked outside my friends house and next thing we know the car was taken away on Wednesday last week midday when we came back ! We didn't have a clue where it was or gone so we report the car to police they did a trace with registration plate nothing came up, to check if any companies taken away but it didn't appear. So to our knowledge it is stolen police gave a crime ref number for us to put a claim in and contact dvla. We had to report this as it was taken without permission!today after 6 days police contact us and said Jacob bailif taken the car.. we contact them and they said you have a fine worth 3.5k you either pay order a solicitor. We told them we are new owners car was only brought 2 weeks ago they said get a solicitor! Not having none of this. What do I do now? Help please what solicitors do I need and the costs? Where can I get I. Touch with a solicitor that can fight this case against bailiffs that are putting charges on my car without me knowing.
Insurance has been brought from 15th may 2017 and log book we are awaiting. The charges we don't know about and yet they want us to pay this fine! Please help me sort this out!

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#2 Re: Jacob bailif took my car away without permission!!!

Post by Pote Snitkin » 01 Jun 2017 12:37

Ok, if the bailiff has taken your car for the previous owner's debt then you need to complete a part 85 claim - https://www.justice.gov.uk/courts/proce ... uted-goods

You need to follow the instructions at part 85.4. Put in writing to the bailiff that you're making a claim to controlled goods under p85.4 of the Civil Procedure Rules. Include the following info:

(a) your full name and address, and confirmation that such address is your address for service;

(b) a list of all those goods in respect of which you make such a claim;

(c) the grounds of your claim in respect of each item.

The bailiff then has 3 days to give this info to the creditor who will decide whether they accept your claim. It's a nuisance of a procedure but needs to be followed as the first stage.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

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Schedule 12
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#3 Re: Jacob bailif took my car away without permission!!!

Post by Schedule 12 » 03 Jun 2017 19:34

You need to be precise with your application, otherwise, you can lose your case without you being at fault.

If you are still willing to go it alone, then here is how it's done. http://www.dealingwithbailiffs.co.uk/interpleader.htm

Once you have reclaimed your goods, you make a claim for damages including damages for any repairs to the car and a manufacturer approved dealer safety inspection. You don't know what the bailiff has done to your car while he had control of it.

Last year I had a client whose car was recovered but with an engine change and forgot to change the serial number inside the windscreen and the logbook. The manufacturer was able to trace the replacement engine from another car that has been through the same auction premises.
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Author: dealingwithbailiffs.co.uk

Jenny225
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#4 Re: Jacob bailif took my car away without permission!!!

Post by Jenny225 » 06 Jun 2017 13:48

HI is it too late for me to write to them? because i wasn't notified by the police that the bailiff got the car until 30th may tuesday last week. Do i have 7 days to write/email them? is it within 7days i have? but in their case they took the car on the 24th may...is this too late? Can i just email them instead? as its faster?

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#5 Re: Jacob bailif took my car away without permission!!!

Post by Pote Snitkin » 06 Jun 2017 14:00

It would've been better to write to them when advised 5 days ago!

You must lodge the p85 claim immediately - I'd also back this up by directly copying in the creditor.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

Jenny225
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#6 Re: Jacob bailif took my car away without permission!!!

Post by Jenny225 » 06 Jun 2017 15:08

I wasn't aware you can write to them i only knew of that today. When i contacted them they said get a solicitor which what i been doing throughout the week. don't know what to write to them about? i just write my name address and the car registration they took.... what else ami supposed to write also?? do i need to fill own the n244 form and attach that also and my insurance documents etc??

Jenny225
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#7 Re: Jacob bailif took my car away without permission!!!

Post by Jenny225 » 06 Jun 2017 15:13

where is the p85 claim? is that a form i have to fill out? do i need to print out and send to them?? how can i do this to get to them?

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#8 Re: Jacob bailif took my car away without permission!!!

Post by Pote Snitkin » 06 Jun 2017 15:21

Jenny225 wrote: ↑
06 Jun 2017 15:13
where is the p85 claim? is that a form i have to fill out? do i need to print out and send to them?? how can i do this to get to them?
The advice is in post #2 above. There's no forms, you just put it in writing and send it to the bailiff both via email and registered post -
  • Put in writing to the bailiff that you're making a claim to controlled goods under p85.4 of the Civil Procedure Rules. Include the following info:

    (a) your full name and address, and confirmation that such address is your address for service;

    (b) a list of all those goods in respect of which you make such a claim;

    (c) the grounds of your claim in respect of each item.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

Jenny225
Posts: 7
Joined: 30 May 2017 20:20

#9 Re: Jacob bailif took my car away without permission!!!

Post by Jenny225 » 06 Jun 2017 15:23

i don't understand (c) in the grounds of your claim..? what does that mean?? do i explain what happened?

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#10 Re: Jacob bailif took my car away without permission!!!

Post by Pote Snitkin » 06 Jun 2017 15:59

Jenny225 wrote: ↑
06 Jun 2017 15:23
i don't understand (c) in the grounds of your claim..? what does that mean?? do i explain what happened?
It means what evidence you can provide that shows the car should not have been taken - proof of date of purchase, bank statements, insurance start date, date tax was paid, any V5 evidence, if possible, a brief statement from the seller.

Something like:
The grounds are:

The car [reg number] is not the goods of the debtor. The car belongs to the claimant [your name]

The claimant purchased the car on [date] and proof of date of purchase is provided [receipt, bank statement, etc]

The claimant insured the car from [date] and proof of insurance document is provided

The claimant purchased vehicle excise duty on [date] and evidence is provided [if bought online use the confirmation email]

The claimant has a dated 'new keeper' supplement from the V5C document, a copy of which is provided
Add or delete as needed.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

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Schedule 12
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#11 Re: Jacob bailif took my car away without permission!!!

Post by Schedule 12 » 06 Jun 2017 16:44

I have been contacted and I will do an interpleader claim.

The bailiff company has three days to consider the evidence being:
  • 1 V5 green slip
    2 Facebook advertisement for the car
    3 insurance
    4. Bill of sale

    The car was bought for cash because the buyer is a motor trader so evidence of a motor trader is being given as evidence #5.

The bailiff company has three days to consider the evidence and return the car to the address provided. The claimant is out of time under CPR85.4(1) because it is more than seven days from the date the goods were controlled. The claim is to recover the replacement cost of the goods which carries no time limit.

The reason it falls out of time, the police originally accepted the car is stolen because Jacobs failed to record the car to be controlled goods to police until after the statutory 7 days under CPR85.4(1) lapsed.

The PNC record proves Jacobs failed to record taking control of the vehicle with all reasonable promptness causing the CPR85.4(1) time limit to lapse.

Jacobs eventually recorded it to police as controlled goods onto the PNC on 30 May 2017 after the CPR85.4(1) lapsed.

The bailiff company was not forthcoming with identifying the name and address of the creditor. This means CPR85.4(3) no longer applies unless the bailiff company gives the evidence and statement to them.

A separate claim for damages will be brought later when the extent of them has been established.
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Author: dealingwithbailiffs.co.uk

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