dementedfeline
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QUOTE All that is now required under the 'preliminary stage' is for the debtor to WRITE (or better still to email ) the enforcement company a 'Third Party Claim' (or claim to exempt goods etc). This procedure is comonplace for debts enforced by High Court Enforcement Officers and on a personal level, I have assisted with hundreds of these over the years and so far....not a single one has been rejected. In most cases the response to 'release the levy' with be made within just a day or so. Tomtubby, is there a standard format for this? John in the case over on pepipoo has provided sale receipt/copy of logbook etc to Marstons and STILL doesn't have his car back.
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Thanks, tt. If you're using a different email now I think you could just set up a new account/username? df
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tt, over on pepipoo - guy reporting that his car has been removed by bailiff for someone else's debt. son has blue badge which was displayed at the time. http://forums.pepipoo.com/index.php?showtopic=91091&st=0&gopid=970659entry970659 i know you're always busy, but wonder if you could look in on the thread. df
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The request/response can be seen here: https://www.whatdotheyknow.com/request/bailiff#incoming-507274
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me and my landlords
dementedfeline replied to confusedbunny's topic in Residential and Commercial lettings/Freehold issues
wonkeydonkey - you'd think, huh? Don't forget that soon physical tax discs will be a thing of the past, so no help there. My friend's story: Blue Badge - check. Disabled tax disc - check. Showed TEC acknowledgement of OOT filing - check. Informed had cancer - check. Informed only form of income was benefits - check. Still clamped and threatened with tow truck if full payment not made. Bailiff actually REFUSED invite to enter house and do levy. Council - "not our problem - talk to the bailiff company". Complaint being prepared for LGO. Somehow I find it wishful thinking that on 6th April the bailiffs will magically understand what they can and can't do unless the people being visited KNOW their rights - and of course, the vast majority don't or are too intimidated (understandably) to stand up for themselves. -
me and my landlords
dementedfeline replied to confusedbunny's topic in Residential and Commercial lettings/Freehold issues
Thanks, tomtubby. but, sigh, yet another example of disjointed thinking - the blue badge guide published by the governmint, bless them, specifically says It must only be displayed if you are travelling in the vehicle as a driver or passenger, or if someone is collecting you or dropping you off and needs to park at the place where you are being collected or dropped. and I'm pretty sure I've seen advice to the effect of don't leave the badge on display when you're not using it because someone might nick it. And, it may be coming in to the regs, but both blue badge and disabled tax disc didn't stop a rossendales bailiff clamping a car and threatening to remove it a few months ago. I would suggest people print out the relevant bits of the regs and have to hand to quote to bailiff. -
me and my landlords
dementedfeline replied to confusedbunny's topic in Residential and Commercial lettings/Freehold issues
Tomtubby - do you have a link to this, please - the specific Blue Badge part? thanks df -
Olaf - this is definitely a PRIVATE company ticket, not a council one? And, as others have said, a bailiff who seized a Motability vehicle is a very silly one.
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What about a well-crafted tweet to Swindon Council? Not necessarily from OP. Nothing like as serious as this, but noticed today that in 2 matters, once questions asked on Twitter and thus public, my local council extracted its previously well-hidden digit.....
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Question about the new complaints procedure - if you make a complaint April onwards, will it automatically be handled as per new rules, even if the event you are complaining about happened under the OLD rules? Ta.
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Kenny, have a read of the TEC User Guide, one of the attachments in the answer here https://www.whatdotheyknow.com/request/out_of_time_witness_statements_c It specifically states that TEC can NOT register debts in Scotland and outlines the process the council should go through to do so. But Harrow, as we all know, have scant regard for the law. Although, one does wonder what TEC were doing registering the debt in the first place!
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Lisa, fees regarding PCNs attached. HOWEVER - you do realise that while some PCNs are attached to the car, others are only served by post? You said " The council weren't interested and passed us from pillar to post" - exactly how? A PCN served by post, I believe also acts as an NTO, but after that comes the Charge Certificate BEFORE bailiffs get involved. What documentation did you receive, when and what did you do with it/text of replies?
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Formal Complaint to CEO of council by email first thing tomorrow morning. If you can supply written evidence of your child's disability, so much the better. One thing to check - is the address on the car's V5 (logbook) correct/have you moved recently? All correspondence from council will be sent to address on V5.
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tt, oh yes - he introduced himself as council litigation officer. About the only thing that was done correctly was that when he went back to the council he told the parking dept that judge had allowed application and then council told bailiff to refund the money. df
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tt, we won. Court was running really late so ended up talking to the criminal solicitor sent by the council. Council had only given him their papers (which we never got a copy of in advance) that morning which said "oops - it appears that TEC may not have acted on our request to reissue warrant". I pointed out to him that council had been informed of that two months previously. Credit to the guy, he, without saying as much, did not seem impressed with council. Judge took about 3 minutes to grant application, telling council not to just tick boxes. Bailiffs refunded all monies about a week later. Council still refusing to respond to official complaint. They immediately reissued NTO, which we appealed - have yet to hear anything back. Have a feeling that a letter will arrive on Day 56.
