Car Just Been Taken, Please Please Help If U Can I Beg U

[Nintendo Pü]

Logbook loans spells almost certain death for your car, its where many backstreet car dealers get their stock. But if the V5 is still available then it can be sold as a tangible asset, its technucally fraud because the seller knows they have already lost control of the car, I would expect LBL might want to see the actual vehicle being the collateral for the loan.

[wonkeydonkey]

You say you owed 2 months rent when threatened with eviction.

How much rent did you owe in total on the day you left?

How much deposit did you pay at the start of the tenacy?

Did the LL or letting agents serve you with a court stamped eviction order?

[Nintendo Pü]

The OP said they moved out with two months unpaid rent, got really scared and left [sic] - therefore theres probably no eviction order, that takes several months at best.

[MarstonGroupComplaints]

I'm sorry, but you say that you know about the debt, never defended it, never made an arrangement to pay, ignored the bailiffs letters, lied about having a car and wonder why its taken when it is found?

 

Surely the law has prevailed here? The claimant will now get back some of the rent that wasnt paid....

 

I believe you are working on behalf of Marstons. I have seen you make direct reference to circumstances surrounding events that only a Marston Group officer would be privy to.

 

Regardless of the circumstances surrounding the debt it is apparent that Marston Group are continuing to trade fraudulently, using their status to extort fees which do not fall in line with the HCEO Regulations 2004.

 

HCEO, why not do us the benefit of explaining how you can justify the fees applied to this account by Marstons?

 

As Nintendo Pu quite rightly mentioned, the fees here seem to be extortionate and fall in line with several other cases whereby it can clearly be demonstrated to the courts that Marston Group Ltd and its serving Directors are guilty of offenses under the Fraud Act 2006 and that Marston Group are trading fraudulently and have been doing for a number of years.

[postggj]

were marstons not drakes in a past life

 

they got so many ccj they lost there credit licence

 

anyone confirm

 

chip off old block it seems

[hardworking_harddoneby]

Did he pay for the car ?

 

Reason I ask, as I believe that the V5 is the registered keeper... and not proof of ownership ... sure it says this on the document somewhere.

 

if someone else paid for the car, they of course just "allow" him to use it with their permission

 

 

Ah I just got really excited because the car he had before this one was paid for on a friends credit card, but this one had took out a bank loan to get one. xxx

[postggj]

how much deposit did you pay for the flat

[hardworking_harddoneby]

Whilst others are helping and commenting on hopefully a suggestion of todays events - can I ask you to go back a little further and see if we can find some grounds to have all this sorted.

 

I appreciate the difficulties you were in and no doubt you did as you saw fit at the time. When you did leave did you leave a forwarding address?

 

You Landlady obtained a CCJ against you - did you have knowledge of this and did you acknowledge its Service? How you were you adjudged to be "guilty" - was it Judgment by Default?

 

I've asked these few questions as I noted from the beginning you say:

"We left the house and then the sheriff of the high court found my partner at work last february"

This leads me to think you may have grounds for Set Aside and there are many more questions to ask dependent on the few above.

 

It cannot hurt to try this different approach as we can then rule it in or out as a course of action.

 

PT

 

Hiya,

Yeah I see what you're saying, no we didnt leave a forwarding adress, as again, naively, hadnt been asked to do so so didnt, but we knew the letting agent had my partners parents address and his work address so we weren't doing a "flit" if you know what i mean, we genuinely thought "got our fingers burnt a bit there" with the just being evicted..... had we known of the ccj we would have of course wanted to know why 2 months rent max at £550 a month could turn into nearly 3000 wouldnt we? The first we knew was a very scary sheriff turning up at my partners work announcing to anyone that would listen who he was and what he was there for. The hotel was buzzing about it for weeks. He had a short exchange with my partner, served the papers and left.

 

xx

[hardworking_harddoneby]

how much deposit did you pay for the flat

 

 

Hiya, the deposit was 550 (one months rent) x

[postggj]

if he did that then he is in seriouse trouble

[postggj]

did you sign a tenancey agreement and how long was left

[hardworking_harddoneby]

if he did that then he is in seriouse trouble

 

 

Do you mean the incident at work, i thought that was pretty low, no one likes people to know their business but whats worse was he made it sound like my partner could be carted off to prison, he was saying im a sheriff and i have a writ etc and we didnt know anything back then, totally ignorant x

[postggj]

he has committed an offence big tme

 

get some one to back you up on this

 

how long ago was this

[hardworking_harddoneby]

did you sign a tenancey agreement and how long was left

 

 

Hi, it was a 6 month contract that turned into a monthly one after that, xxx

[postggj]

were you on the monthly contract when you left

[hardworking_harddoneby]

he has committed an offence big tme

 

get some one to back you up on this

 

how long ago was this

 

 

There is a woman, his fellow chef who witnessed it, if you see my posts on the employment forums in october youll understand why the other chefs, receptionists and hotel manager wouldnt or cant speak up for him now but the woman is the only one who has also left the place. She would definitely speak up for him, boss also treated her appaullingly xxxx

[hardworking_harddoneby]

were you on the monthly contract when you left

 

 

 

 

Yes, sorry i said before we got into difficulties after the 8th month xxx

[ploddertom]

Hiya,

Yeah I see what you're saying, no we didnt leave a forwarding adress, as again, naively, hadnt been asked to do so so didnt, but we knew the letting agent had my partners parents address and his work address so we weren't doing a "flit" if you know what i mean, we genuinely thought "got our fingers burnt a bit there" with the just being evicted..... had we known of the ccj we would have of course wanted to know why 2 months rent max at £550 a month could turn into nearly 3000 wouldnt we? The first we knew was a very scary sheriff turning up at my partners work announcing to anyone that would listen who he was and what he was there for. The hotel was buzzing about it for weeks. He had a short exchange with my partner, served the papers and left.

 

xx

 

It appears to me you have grounds for Set Aside as you had no knowledge of the serving of the original claim by your Landlady in the County Court. Subsequently you did not acknowledge their Service and would have been found "guilty" by default. The CCJ was awarded against you and sent to another address and because you never made any attempt at payment it has subsequently been transferred up to the High Court for an HCEO to attend to recover the debt plus charges.

 

Tonight you can file a N244 available through HMCS Website and print ready for posting. If on Benefits you can apply for fee remission Form EX321 from the same site. The N244 must be sent to the Court where the CCJ was awarded/listed. You claim Set Aside as you never received the original papers and were thus denied the opportunity to submit a defence/counterclaim/payment plan. Part of your counter claim will reduce your indebtedness by saying you never received your deposit back.

 

You still have monies outstanding to the HCEO - to halt all further action you must in the morning apply to the High Court for a Stay of Execution. This will halt all further action and costs until your Set Aside can be heard, but must be applied for separately. When this has been granted you must inform the HCEO and his company as it can halt any further action they are planning with your car.

 

If you are successful in claiming Set Aside then all charges levied by the HCEO must be cancelled or returned to you if paid and any properties seized must be returned also. If in the meantime they have sold your car you will be entitled to claim restitution.

 

I am more than happy to offer further advice but time is limited as I do have staff shortages at present so can only look in when time permits. I am positive others will comment on what I have said and keep you on the straight and narrow.

 

PT

[postggj]

we need now to sort this and get your car back

 

1/ how is the original debt before baliff fee near 3k

the most the landlord could screw you for is a months rent

 

2/ have you had any official documentation that this has been passed up to hceo

 

3/did you get the original claim form, was it head in the sand syndrome and do you still have it

[High Court Enforcer]

If youy take the car back wirth the spare key, the police might say you are driving a "stolen" vehicle.

 

Many motorists who have a car taken by bailiffs get the address of the new RK from DVLA and take the car at night with the spare key. The vehicle only good for parts or export if you intend doing this. Expect to be questioned by police if a new owner has it stolen.

 

Promoting theft Nintendo Pu? Shame on you.

[hardworking_harddoneby]

I believe you are working on behalf of Marstons. I have seen you make direct reference to circumstances surrounding events that only a Marston Group officer would be privy to.

 

Regardless of the circumstances surrounding the debt it is apparent that Marston Group are continuing to trade fraudulently, using their status to extort fees which do not fall in line with the HCEO Regulations 2004.

 

HCEO, why not do us the benefit of explaining how you can justify the fees applied to this account by Marstons?

 

As Nintendo Pu quite rightly mentioned, the fees here seem to be extortionate and fall in line with several other cases whereby it can clearly be demonstrated to the courts that Marston Group Ltd and its serving Directors are guilty of offenses under the Fraud Act 2006 and that Marston Group are trading fraudulently and have been doing for a number of years.

 

 

Hi!

I saw your name and thought "oh no" at first... I'm so glad other people agree that over 3000 on fees is outrageous, i couldnt believe it when I read down and saw it. Just out of curiosity, is the interest to be added reasonable as well? That seems really cruel as well, for every day we've been hiding, scared to move by windows or answer the phone we've been charged that much, really doesn't make sense, wish my partner had balls to sort it out before it got to all this

[postggj]

great post plod

 

beat me to it

[High Court Enforcer]

Hi!

I saw your name and thought "oh no" at first... I'm so glad other people agree that over 3000 on fees is outrageous, i couldnt believe it when I read down and saw it. Just out of curiosity, is the interest to be added reasonable as well? That seems really cruel as well, for every day we've been hiding, scared to move by windows or answer the phone we've been charged that much, really doesn't make sense, wish my partner had balls to sort it out before it got to all this

 

£3000 does sound excessive but if you've been hiding and ignoring the bailiffs and many visits have been made then the fees will certainly escalate. Maybe not to that much though, but the bigger the debt the bigger the initial fees.

 

Interest is claimable at 8% per annum. If somebody owed you money for years, I'm sure you'd want interest on it too.

[postggj]

as earlier stated

 

it does not excuse n officer of the court ripping off a debtor

 

i asked this before and can hceo confirm

 

is marstons son of drakes

[hardworking_harddoneby]

It appears to me you have grounds for Set Aside as you had no knowledge of the serving of the original claim by your Landlady in the County Court. Subsequently you did not acknowledge their Service and would have been found "guilty" by default. The CCJ was awarded against you and sent to another address and because you never made any attempt at payment it has subsequently been transferred up to the High Court for an HCEO to attend to recover the debt plus charges.

 

Tonight you can file a N244 available through HMCS Website and print ready for posting. If on Benefits you can apply for fee remission Form EX321 from the same site. The N244 must be sent to the Court where the CCJ was awarded/listed. You claim Set Aside as you never received the original papers and were thus denied the opportunity to submit a defence/counterclaim/payment plan. Part of your counter claim will reduce your indebtedness by saying you never received your deposit back.

 

You still have monies outstanding to the HCEO - to halt all further action you must in the morning apply to the High Court for a Stay of Execution. This will halt all further action and costs until your Set Aside can be heard, but must be applied for separately. When this has been granted you must inform the HCEO and his company as it can halt any further action they are planning with your car.

 

If you are successful in claiming Set Aside then all charges levied by the HCEO must be cancelled or returned to you if paid and any properties seized must be returned also. If in the meantime they have sold your car you will be entitled to claim restitution.

 

I am more than happy to offer further advice but time is limited as I do have staff shortages at present so can only look in when time permits. I am positive others will comment on what I have said and keep you on the straight and narrow.

 

PT

 

Thank you so so much ploddertom that is fantastic, it has made me feel so much more positive,

The bit I have highlighted about where it was issued, it says on the sheriffs papers - district registry - *whoops*

Does this mean this is the court? Sorry if it sounds like an obvious question x

Edited January 4, 2010 by hardworking_harddoneby