I have an issue with a company called Tracegreen Finance in Liverpool regarding a Hackney I bought from them on HP way back in 2009. Long and the short of it is I defaulted on my payments after I had paid 2/3's of the agreed amount which was initially £25,000. I contacted Tracegreen to request my outstanding balance but they never got back to me and to be honest I was unable to keep up with my repayments. I fully expected them to start with repossession proceedings but this never happened! Some two years or so after my final contact I was involved in a crash and the vehicle was written off. I received a payment from my insurance company for the write off and subsequently left the cab trade for a "proper job". That was 18 months ago now and still I had received no correspondence from Tracegreen. Three weeks ago I had a knock on my door and it was some big burly bloke asking for the cab, saying he was here to repo it as I had defaulted on my agreement. After explaining it had been written off etc and explaining I had received a pittance for it he informed me I owed over £4000 on the agreement and said a court order has been sent a few months previous but was returned as addressee "gone away". I assured him I had received nothing, which I had not, and asked him to send it to me again with a run down of all my payments etc. I received this today but in the letter they are claiming they will involve the Police if I do not stick to my original payments. I explained when he was at my house I would not be able to do this as I was only earning just above national minimum wage. My main question is can they involve the Police in this matter? I appreciate the vehicle was not legally mine when I was written off but surely this is a civil matter for the courts? I am also very dubious the letter is even legal. It refers to the court order and their solicitors but they have not attached these letters nor enclosed any official documentation regarding my agreement. I have heard rumours Tracegreen went bankrupt a few years ago and feel this is just a ploy to get money from outstanding debts and they know they have no legal recourse in this matter. Any advice is gratefully received Thank you

In September 2013 I started writing on the forum about the procedure that debtors were expected to take in cases where a bailiff took control of a vehicle (or other goods) that either did not belong to to debtor or which the debtor considered (for one reason or another) to be 'exempt' from being taken. To avoid repeating myself a copy of the thread is below: http://www.consumeractiongroup.co.uk/forum/showthread.php?418396-Third-Party-Goods-Interpleaders-and-the-serious-potential-to-damage-the-new-Bailiff-Reforms-on-6th-April During that period (mid to late 2013) I spent a considerable amount of time writing to many organisations (including finance companies etc) and in my correspondence to government departments, I urged them to consider implementing a procedure whereby debtors could avoid the costs (and considerable delay) of court action by the debtor making an initial 'informal' claim to the enforcement company. I was delighted to hear that my suggestion was implemented (with minor amendments) and the position from 6th April 2014 is that instead of a debtor (or third party) having to issue court proceedings a simple informal procedure MUST first be made to the enforcement company within 7 days. The procedures are outlined under section 85 of the Civil Procedure Rules and came into effect on 6th April 2014. If a debtor considers that a vehicle should not be clamped or removed as it is thought to be 'exempt' (maybe as it is subject to finance or 'necessary' for employment) ) then it is a simple matter of writing to the enforcement agent to outline the reason why the debtor considers that the vehicle is 'exempt' and to provide any supporting evidence. The enforcement agent must then serve the creditor (normally the local authority) with a copy of the claim and the local authority must decide within a specified number of days whether they 'admit' the claim. If they do, the vehicle is released. On a personal level I have prepared many of these 'claims' over the past 7 years and so far....not one has ever been rejected and the goods are released. As long as the supporting evidence and 'reasons' are clearly outlined there should be no problem at all in the goods (normally a vehicle) being released. It would seem that in the past couple of months debtors are (for one reason or another) bypassing this initial procedure and instead.....making an application to the county court for an injunction. Unfortunately debtors are quickly finding that this procedure is not only wrong but is very expensive and can lead to their car being held in storage etc for a long period of time.

I bought a new car from a dealer at the end of November 2014 and part exchanged my old car. The dealer got me to sign the V5 and advised that they would register that they were the new owner. I also posted my section with a request for refund of road tax to end of March 2015. I didn't receive any notification from the DVLA but to be honest I didn't realise I was supposed to. I work away a lot and it slipped my mind that I hadn't received a refund either. I didn't get a tax reminder in March, which would have made me query the situation. The first I've known about it was a letter with an £80 fine, a demand for tax owed and a demand that I tax the vehicle. As far as I'm concerned I don't owe the tax and I can't buy a tax disc for a vehicle I don't own, have no registration document for, no insurance and no MOT. The DVLA are refusing to have a telephone conversation with me and, aside from the fine, I'm concerned that penalties etc may have been incurred in my name if they still have me as the registered keeper. I can't believe the vehicle doesn't have a new owner as it was only on an 08 plate and very saleable. The dealer advised they were going to put it into auction. Does anyone have any advice on how to deal with this or have had success in getting the fine written off in similar circumstances? TIA

looking for a bit of advice, recently i parked at the new hydro carpark in glasgow, council run, parked on the ground level, the space i parked in, un known to me, the kerb is higher set than the rest, and also is the only part thats not protected by bollards or fencing, what happened was my car got caught on the kerb, the kerb was not level either with the surface, so acted like a hook that twisted my bumper when trying to get off it, i have filled out a report with the car park and taken pictures, have never had a problem before with kerb sides, the problem is because the kerb was not level on the other side, acting like a lip, and when the front on my car parked over it, it acted like a hook, so when reversing off it hooked my bumper and twisted it away from the car, does anyone know where i would stand with this, with who is at fault thanks for any advice

Garage has sent a letter to register my vehicle for unpaid bill. This company agreed to do work for cash in hand, some monies paid have not been credited and he has now upped the bill and now included VAT. As far as I am concerned they are in breach of contract. Are they able to take over my vehicle? It is parked in a private yard, not on their premises. They stated at the beginning that if I let them do work when needed in between jobs then they would do it cheaper. This has NOT been the case and now expecting me to pay an inflated bill. I have receipts for one large payment but nothing for the others as he would not give me one. Where do I stand on this legally? AS they have been trading without VAT and now issued a bill for work where some of it was already paid for without a receipt by cash in hand.

With the abolition of the paper disc, we've seen that payment of vehicle tax has now been given the option of paying by direct debit, which has eased the burden on many families who have been struggling to keep their head above water and where they rely on their vehicle as a necessity and not as a luxury. However, as DVLA is extending the humanitarian hand so it's grabbing more money in vehicle tax from those families who have chosen to make use of direct debit as a means of payment. They are being charged more, in cases 5% more. Taking into account that the vehicle owner completes all the documentation and DVLA has no handling of this documentation at all as it's all automated, can this not be viewed as a penalty for using a preferred method of payment?. In other words, if you're not affluent and can not afford to pay the full amount up front, you will be penalised. This is much the same as my mobile company or utility company stating that I'll pay more than my bill states depending on the method of payment I choose. Views on this please

I have booked my summer holidays in Spain, also made a reservation to hire a car for the duration. Just discovered that as of 8th June 2015 the DVLA are scrapping the paper counterpart of the UK drivers licence. This will have an enormous impact on everyone who wants to hire a car either at home or abroad. ............This is the first I have heard of this: Check it out; https://www.gov.uk/government/news/driving-licence-changes If this goes ahead...............you will have to get all this information before hiring any vehicle. Any Thoughts?

Hi, We recently bought a vehicle from Carcraft. We had the usual Mis-haps with being called back to sign paperwork they'd forgotten etc - but that's not the issue. We recently had the car MOT'd at their Radcliffe branch, and there were a few advisories. Some of those indicated rust, and also a leak (I think transmission fluid?) The car has been used for a month since this, and then - yep - you guessed it, engine management light came on. I pulled over immediately, and contacted them. They wanted me to take it to Radcliffe - which is a fair drive - and I wasn't prepared to do this given the dashboard was screaming at me to check the engine. They reluctantly agreed for me to take it to a Halfords - which was mercifully less than 1 mile away. I made it clear that I wasn't going to be able to pay - however when I got there it was £49.99 for the diagnostics test. Later that day we picked the car up - the work hadn't been completed as Halfords weren't sure if the repair that was needed was included in the warranty. After a few phone calls they agreed to pay for the work as a 'goodwill' gesture. The whole experience from start to finish has been dreadful. I'm not sure what a 120 point inspection is, but I was assured that the vehicle I'd been sold was roadworthy and reliable. The car is 2010 - and I'll be paying for it for the next 3 and a half years. Given the difficulty in getting a simple warranty repair done, and the number of faults that seem to be creeping up with this car - I'd rather like Carcraft to have it back. It's done less than 4k miles since we bought it. I doubt the previous owner/victim of this car had the greatest of driving credentials - as we found Cannabis in the doorwell. Bottom line, the outstanding on the car is: £5,500 I've spoken to the finance company - if they take it back we'll still owe £3,000 So sounds to me like I've been well and truly shafted. The total I'd pay if I keep the car is in excess of £10k - for a car that seems to now be valued at £2k. Carcraft won't budge on this matter - is there anyway I can force their hand?

Can anyone please advise what happens when a claimant dies and they have a vehicle paid for by the higher rate of mobility on the scheme? Obviously, the vehicle has to be returned but I would like to know the timeframe in which it should be returned. Thanks in advance

I attended Comer Business And Innovation Centre at North London Business Park managed by Secure A Space Ltd on the 19th of March 2015. On my arrival I attended the facility reception area where the lady on reception instructed and guided me to park in one of parking spaces available which was marked "Staff" and following on instruction given I Parked my car. I was even given a Visitor Parking Permit that I clearly displayed in the Windscreen After finishing and attending my car I realised my had parking ticket The Vehicle Registration on the PCN issued is incorrect however make, model and colour of the car is correct. I appealed this without mentioning my Car Registration on the basis that I parked based on instruction provided by receptionist and that she could be contacted if needed. However my appeal got rejected and I was given option to challenge it with POPLA. I want to ask very Important question: 1) Is this a valid PCN if it has INCORRECT VEHICLE REGISTRATION NUMBER? 2) Can it be enforced if I choose to ignore it? Any help would be highly appreciated

In 2007 i guaranteed a limited company's hire agreement said on the face of the document to be none regulated. Total payable with interest was £26,903. The finance company are now suing me under the guarantee There is a dispute about how long the guarantee was for But that is not why i am on here posting The Company claims the Agreement was signed at a dealership - whereas it certainly was not. Im just trying to find out if they are saying that because for it to be a genuine none regulated agreement the agreement needed to be signed on trade premises. As it wasn't, does that change things and if so how? Might it give me more of a defence Might it mean the agreement is instead regulated If so, is that fatal to the claim or does it just give me more options - like rights to cancel, which seems academic, some 7 years later.. Wonder if anybody out there can please help. Thanks in advance.

Hi I currently have a car which i use for personal and business use, this is my only vehicle. I am replacing this car with a sign written business van, again i will also be using it for personal use. I am borrowing the money for the van. Can you tell me how i put this through the books, do i put the loan through and the cost of the vehicle or not? Do i still work purely on the mileage allowance of 45p per mile that i use for business? Appreciated, thanks

Hi all. I'm self employed with a bailiff problem. I owe nearly £700 in council tax from last year and have had a letter from Rossendales. I understand all the stuff about fees and so forth but I'm worried about my little van. I travel to various craft fairs and markets and obviously need my van to get there. It's worth, I would guess around £3000. It is really the only thing of worth related to the business, and its kept parked on my drive. It has the business name on the side and is my only vehicle. So can the bailiff take the van or is it exempt?

Hi all I have received a claim form (its a photocopy and looks different) I cannot use MCOL as there is no user name or password. There is a sticker placed over the top left hand corner with a number on but thats all. The history is I had to leave work as I was a whistleblower and my life in the company was being made very difficult, i also found out I was pregnant and left to reduce the stress I was under. My immediate manager was very supportive but unfortunately is was not enough. I had no idea I would have to pay an early termination fee and feel really wronged. I also feel to issue a court claim is really aggressive action. I never worked again since leaving there so was unemployed. I also leased the car from a lease company but the claim has come from the company I worked for? Any advice or support you can give will be greatly appreciated. The particulars of claim are as follows:- The claimant's claim against the defendant is in respect of outstanding lease car rental and early termination fee by the claimant to the defendant at the defendant's request, payment for which is now required. Full details of the invites have been previously supplied to the defendant. The claimant has complied with Sections III and IV of the Practice Direction on Pre-Action conduct. The claimant therefore claims the sum of £3k demand for payment has been made however the stated sum remains due and owing. The claimant further claims statutory interest pursuant to S69A of the CCA 1984 at the rate of 8% per annum from the date the invoice became due to the date hereof being ££28.44 and continuing interest at the stated rate at a daily rate of £0.68 up until the date of payment or judgement whichever is the sooner.

Hi my girlfriend was recently mis sold a vehicle by a main dealer we asked if it had ever been in an accident which we was told no, we recently found out that it was reversed into by a lorry causing extensive damage to the rear of the vehicle. They have then told us the repair was carried out by them but will not provide any proof of this, what action should we take and what sort of outcome should we be looking to achieve. Obviously she does not feel very confident driving the vehicle now. The garage don't seem interested with any of our concerns and keep trying to avoid being of anyhelp. Can someone please help me on this as i really dont know where we stand or what to do Thanks richard

Did you by a accident damaged vehicle Cat C Or Cat D ? Have you had it repaired ? Have you put it through a mot ? If you have your fine. If you haven't you will be stuck big time. I have been helping somebody out with this. They bought a Cat D insurance write off and repaired the damage which was a wing rad wing mirror and bonnet. The existing mot was till June next year. They were involved in a no fault accident. Both their and the other insurance company have turned around and asked them for proof of repair from the previous accident. He has had to provide invoices etc. to prove the damage has been repaired. This has been going on for 3 months or so. However if he had done a mot then no questions would have been raised about it.

Posting this on behalf of brother in law He had an accident last year and wrote the car off (cat b) It was on finance and he hadn't got comprehensive insurance like he was supposed to do the finance company (gmac) recalled the debt in full That then got put in as part of a debt relief order He got a letter a week ago saying the finance company wanted the car back and was willing to offer £81 for the value of parts off the debt I got him to email back pointing out that that was hardly a fair amount as the value of parts was alot higher giving some examples and also pointing out that scrap weight value of the car alone was over £200 they replied saying that as the legal owners they wernt offering just telling and saying that their report from northern assessors said it was only worth £81 which is interesting as northern assessors have never seen the vehicle I've emailed back to confirm he still has the car but pointing out its at a differnt address not told the the address as we don't want it seizing and told them to improve the offer off the debt or justify the £81 including sending a copy of the report Any other suggestions

Hi all, Could some one shed some light to this issue I am having. Vehicle broke down, and I end up leaving it at the private car park (offices etc). Was hoping to pick it up next day, and did not report to the car park/offices security etc... (OK my fault here). But 16 days later I came to pick it up and was told that it was "disposed of". No further details or information given. Police and insurance would not deal since it was on private land. Can they even do that? is that lawful action? If so, could anyone point me to some sort of regulation that they need to comply with when they impounded/dispose the vehicles etc? Thank you,

I hope someone can help clarify my options and give me any advice. Two weeks ago I returned to my car and discovered it had been clamped for not paying road tax. I had honestly not realised that my vehicle was not taxed - as most people presumably do, I renew the tax when I receive the reminder. The tax ran out on 31st January and I have received no renewal notice nor any correspondence once the car was no longer taxed. In the period the car has been un-taxed, I have renewed both the MOT and insurance so I am obviously not trying to avoid my responsibilities. I definitely did not receive any correspondence from the DVLA since the previous year (which did come to the same correct address). From what I can find online, it seems to be a common occurrence for the DVLA to send documents to the wrong address. I have paid the fee to have the vehicle unclamped and paid the road tax. However, I have now received what looks like a standard letter from the DVLA offering me an "out of court settlement" of £327 which also states it is a fine only and does not include any duty. I am unsure what to do. This was a simple oversight due to not receiving any correspondence from the DVLA. I acknowledge that I have committed an offense but I am not someone actively trying to evade paying my taxes/insurance etc. Does the DVLA have a legal requirement to send a reminder notice? Or a requirement to follow up when a vehicle is not taxed - so that I would have received some communication from the DVLA earlier and a significantly smaller fine? I am not sure whether to simply pay the fine, though by reading the letter as it does not include any duty, I might then have to pay that in addition. That means for a simple oversight I would be fined almost £500 which seems rather excessive. On the other hand I could ask the court for mercy as it was a simple oversight and the DVLA should bear some responsibility. Can anyone shed some light on my options and the possible outcomes? Or does anyone know of any similar cases? Thanks for your help.

Hi, Not sure if this belongs here so please move if neccesary. As some of you may be aware I've been havign somewhat of a difficult time, hurt my back, lost my job and apartment and technically homeless moving from friend to friend. I have only just picked up a "Judgement in Default" letter from an address I was at at the time. I do, or did however have an old MR2 sports car, this was a long standing project of mine and I kept and worked on it as and when I could. Obviously with things the way they were it was never going to be finished and was slowly rusting away in storage, so reluctantly, I put it up for sale at £1500 in the hope that someobody would be able to complete the project and not let my time, money and years of work go to waste. I duely advertised it on a nmber of car forums and clubs that I was known among where the project had been documented every step of the way and was inundated with offers, after all it was a rare vehicle with a huge list of rare and expensive parts we had sourced as well as new V6 engine, it really just neeeded bolting together, all parts were there, and more! I offered my tools and time for a small fee to come help paint and see the car finsihed too. I received an offer and after a few phone calls, emails, photos explaining that this was in no way a show car and needed a huge amount of work still to be driveable the guy transferred £500 deposit and arrnaged to collect the following week. He collected the vehicle, took the parts, my workshop tools and equipment, paid the balance... ..and then changed his mind. He cited the rusty brake disks as reason for being mislead. Whislt it is true the brake disks were rusty there were new ones included. The car was simply sat on the old ones in storage. At the time I offered to help him sell it onto one of the other people who had been interested as I did not want to see so many years of work money and my time go to waste. I even offered his money back upon return of everything he'd taken, including the tools and equipment which he did not have permission to do so, we had yet to discuss the price for those. He refused and started with threats and nonsense about court action, it was at this point I took advice from the police and local cab. I gave his nmber to the police and the harassment stopped. Cab said I'd nothig to worry about, they can see what i've done wrong. So this morning, after coming back to a friends from months ago I find this "Judgement in Default" for the sale of said MR2 for £3980!!??? Where do I stand and what can I do? This was a genuine sale of a much loved and treasured car, that we'd spent many years restoring. Whilst it a shame to see al that time work and effort go to waste, he did not havre to buy the vehicle, so I don't understand how the courts have concluded I owe HIM nearly three times what he paid??? All help and advice appreciated Philly

basically i sold a vehicle then within 24 hrs i was contacted by the buyer who told me the engine warning light came on,i knew nothing of the engine warning light coming on when i had it,he's now saying he's bringing the vehicle back and wants the money back,even though ive sent the log book off already,cancelled insurance, the buyer is obviously angry about the situation, he actually thinks ive had the engine warning light switched off myself which i haven't.the buyer had a good look around it and took it for a drive and was happy with it, so were do i stand? thanks

Hi, hope I'm posting this in the right forum. My son is on higher rate mobility DLA and we get a free tax disc. I need to renew the tax but I've lost the exemption certificate - is there a way I can phone up and get the serial number from DLA? I'm worrying because I need to do it by Wednesday..

The title Hardly seems to do justice to this as its so much more, I really need some advice and have only a short time to try and work out what to do whilst the powers that be hold up their hands and plead ignorance. Essentially the vehicle in question was written off in an RTA, I completed the details on the log book and sent it off together with my new vehicles registration, I received the new log book for my new vehicle and therefore assumed that the old car had been dealt with (my first mistake assuming a level of competency and integrity from the DVLA, a mistake I would repeat), I received two warnings after this about insuring the vehicle, I called both times and was told to write to them which I did after this it went quiet for a while. The next I was to hear of this was a letter from Colne magistrates court asking me to appear in court, I spoke with the court who advised I ring the DVLA I did and received assurances the matter would be resolved and there was no need to attend court a few days later I received a notification I was no longer the registered keeper of the vehicle, great! (you already probably realise that it wasn't!) Sure enough a few weeks after the court date had past I received notification I had been fined in my absence, I spoke again to the court and the DVLA had the fine put on hold and was asked to attend my home towns magistrates court, I did this and was told as no DVLA representative was available I would have to apply to re-open the case and attend another court to have it dealt with. Eventually the day arrived and I attended court I was met by a representative of the DVLA who led me to a room to discuss the case, after providing evidence I no longer owned the vehicle she announced herself satisfied and told me the fine would be squashed and there was no need for me to go into court (remember that mistake I mentioned) I went home feeling relieved. Today I received a letter from Marstons High Court Enforcement Stating I have 14 days to pay a now increased fine, I called them to be told to contact the court (the court was closed) called DVLA (same useless drivel from them). I'll contact the court tomorrow but I'm almost certain that conversation will end in the saying "we just issue the fines, its not our job to....." (this seems to be the standard response from all three agencies involved allowing them to impose a fine that has no basis and collect it). Sorry about the long post and my poor grammatical skills I feel sick to my stomach right now and finding it difficult to even think straight, if anyone can offer advice or anyone who I could contact I would be eternally grateful. Thanks for reading Paul.

Hi everyone, We are keen to find out if there have been situations similar to ours... We are currently in dispute with a well known car finance company.. 4 payments were missed (not Consecutively) and following expiration of the default notice the creditor had issued to us, they instructed a repo company to take back the vehicle. At the time of repossession we had not paid more than 1/3 of the total price. The night before, the repo company clamped the vehicle on our private driveway, and after a few un-productive telephone calls the next day (whilst we were at work), we arrived home to find the vehicle had been taken from our private drive, without our consent. It's worth noting by term private driveway I mean land owned by us, as confirmed by our land registry deeds. Not enclosed or gated drive etc. We are in the process of going to court over this as S92 of the CCA 1974 states they cannot repo from private land without a court order. I'm also aware they're not allowed to clamp on private property either. The creditors defence is centred around the fact they did not believe it was private land and they have submitted their evidence in preparation for the hearing. Does anyone have any case law to support a debtor in this particular dispute ? particularly relating to the interpretation of 'private drive' ?. The web forums are full of success stories when the debtor has paid 1/3 or more, but nothing appears for situations where the paid monies are under this. CCA 1974 states that the breach is actionable as a breach of statutory duty. Thanks in advance.

Hi , I took out vehicle finance back in 2005 with Mallard for £2000 . last payment due Nov 07. This was at a previous address and until recently , believed this to paid and gone several years ago. A few weeks ago I got a letter through the door (new address) from this company stating I still owe over £200 . I wrote back and said I didn't acknowledge this debt and pointed out this would statuate barred anyway as several years had passed. They came back to me stating I had been paying £5 a month through 2009/10 through a third party called 1st credit. ( and produced a break down of all my payments from 2005) I had a few debts at that time which I was using a debt management company to pay things of , I do recall £5 a month going out to 1st credit. Looking further at the paperwork mallard have supplied I have noticed they added fees of £224 on the very month the last payment was made . And it seems this is what they are chasing , apparently its a fee for making a late payment or payments previously in the contract. The other thing that confuses me is that the 1st credit payments dropped of the debt management plan so assume to be already paid. Any help with this would be very much appreciated. Thanks M