Form 4 Complaint against a Newlyn Bailiff

[Mercedes5]

OP =original Poster=You

 

Thanks!

[Mercedes5]

It is possible that the Finance Co is in breach to OP and they may have a claim against them,

 

Hi, i'm quite sure they are in breach .......somewhere, just need to find the right angle on it!?? Any advise would be greatly appriciated.

[lookinforinfo]

As it is a non regulatory contract, there iss no chance with the Court order line. However, you have a contract with them for three years which they appear to have broken.

Albeit because you defaulted on your payments. However they did know that you were without the car and I feel they should have tried harder to prevent the bailiffs

keeping their car.

It may all boil down to the terms of the contract and how quickly you informed them that the bailiffs had taken their car. The most promising line I feel is to go after the Council

since they should have known that the bailiff was wrong to take the car since it was not your property.

[brassnecked]

As it is a non regulatory contract, there iss no chance with the Court order line. However, you have a contract with them for three years which they appear to have broken.

Albeit because you defaulted on your payments. However they did know that you were without the car and I feel they should have tried harder to prevent the bailiffs

keeping their car.

It may all boil down to the terms of the contract and how quickly you informed them that the bailiffs had taken their car. The most promising line I feel is to go after the Council

since they should have known that the bailiff was wrong to take the car since it was not your property.

 

If you can claim, you would alsoi be able to look for consequential losses as well, for alternative transport such as bus fares sourcing another car, phone calls and letters. etc

[tomtubby]

I confess to not having a lot of knowledge about the various lease/HP contracts (many of which are very complicated). Hopefully somebody with a better understanding will advice you on the forum.

 

Having now read through your thread again I am struggling to see where the court would find that the bailiff was at fault. It would seem from what you have written that the COMPANY and most in particular; the local authority were the ones that made the decision to keep the car etc.

 

Personally, I would have been arguing with Harrow Council and if you were not satisfied with their response to ask for the complaint to be reconsidered by the Local Government Ombudsman.

[Mercedes5]

Thanks...... i was of the same undersatnding.

But, i did inform Mercedes the next day, to which they said...as it's a pcn issue which is easily resolved by paying a fee, they don't usually get involved.

However, they were contacted in June 2012, by EA, couple of months later and asked for £6000 to release the car for un paid debts. Which they refused to pay.

But they still didn't force the EA to return it, even though they apparently asked them to return it to me.

 

Already in motion with the Council process, to reimburse me with a like for like car, or it's equavalent in value (21k), loss of business up to end of hire purchase agreement from the time it was taken (18 months at the minimum daily rental rate) i guess i could have have charged for anything up to a max of 10 years loss of business, but giving them a incentive to settle.

I'm sure there are many more costs i could have added, but i'm just sticking to the basics at the moment, but will be a different story if legal proceedings start.

Keep you posted.

[HCEOs]

I don't mean to be all doom and gloom but claiming for damages such as you suggest really is best done using a qualified solicitor. I can almost guarantee that you won't get paid a bean without legal action. To start legal proceedings without proper legal advice and support could see you losing a lot more than a financed car.

[Mercedes5]

If you can claim, you would alsoi be able to look for consequential losses as well, for alternative transport such as bus fares sourcing another car, phone calls and letters. etc

 

I just have to find the right way. I'm sure they do have SOME sort of obligation to assist.

I wrote to Mercedes sometime ago, raising a formal, however they wrote back saying they acted within the law.

Like to know what/which law this is......Anyone have any idea?

May just have to re open the complaint with them, and ask them a few more in depth questions,( ANY SUGGESTIONS???) in particular the law in which they are referring.

[Mercedes5]

Whilst your probably right, unfortunately i'm meant/have to go through their complaints procedure,stage 1 & stage 2 but have merely stated in the complaint what was taken from me unlawfully, and quantified it & justified it together with supporting documents, but without any other costs, such as legal, court, further loss of business and which, IF legal proceedings start, will spiral out of control, with more than likely the same result!

However, i have also taken proffessional advice, who suggested i have to give the council an opportunity to resolve things 1st, considering it's quite an old case and can be classed as an abuse of process, if legal people get involved straight away!