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Newlyn and LB Lewisham taking control of car on finance!!!

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  • Newlyn and LB Lewisham taking control of car on finance!!!

    Good morning! Where do I begin..
    Friday 20/2 my car was clamped by a Newlyn Bailff at my home address for a pcn dating back to November 2013. I had no knowledge of this fine as I moved in November out of the borough. Anyway, when the bailiff clamped the car I immediately told him the car was on finance, and he said, I don't care.... Obviously!
    So I called the finance company who tried to speak with him, to which he still refused. At this point the finance company advised to call the police. Which I did.
    The police arrived, and then began a 4 hour negotiation between the police, the finance company and Newlyn whereby Newlyn were notified that the vehicle was on finance and as such was exempt from levy...

    Long afternoon which ended with the police saying there was nothing they could do, and the car was towed at 8:45 pm. During the whole negotiation period I was asked if I was willing to pay the fine, to which I refused on grounds that the bailiff had provided a breakdown whereby the fine was £254 yet to release the clamp i would have had to pay £ 874. As the car is exempt I refused. I advised that I would pay the initial £254 not the £874... So anyway, the car was towed.

    The following day the finance company contacted Newlyn to send all the documents relevant to the car, by email, and called me to advise they had done so...
    Monday morning, Newlyn denied having received any documents and reiterated that should I wish the car returned, I needed to now pay £874 + £110 per day the car is in storage...

    The finance company sent a further email, as well as registered mail to the bailiffs, however Newlyn's position is that the council gave them authority to remove the vehicle...

    I therefore called Lewisham Council advising them of the situation, which is when I found out that yes in fact the council had sent fine to my previous address along with any reminders for the same fine. I contacted TEC to file a TE9 and TE7which was received by TEC on thursday 26/2. This process is meant to put any bailiff action on hold right?.... While I was doing this, the finance company made the decision to call the police again and report the vehicle stolen...

    Fast forward to this week....

    Newlyn have advised the matter has nothing to do with them, the council need to be contacted and they will release the car, only if I pay the fine and storage charges, the bill now almost £2000....
    The Council have said that this matter has nothing to do with them, we need to speak to the bailiffs and that I have not filed a TE7/TE9
    TEC have said the documents were filed on 26/2 and the council were sent an email advising them of this....
    The police are investigating the theft of the vehicle....

    meanwhile my 9month old daughter was rushed to hospital last week and had to spend couple nights there, and because I have another school aged child I had to go back and forth between my house and the hospital, have now spent almost £100 on cab fare taking cabs after midnight from the hospital to my house.

    There, think I have covered it all!!! Apologies for the length, its a fascinating story am sure, but I would like to end it now, and possibly file some civil claims so am not sure where to go from here....

    Thanks,

    Divamama
    Tags: None

  • #2
    Re: Newlyn and LB Lewisham taking control of car on finance!!!

    I appreciate that this query is very serious but I am rushed right now and will respond when I have a spare few minutes later this afternoon.

    Storage fees stopped when the TE7 and TE9 were processed by TEC.

    The car is subject to finance. How much finance is roughly left on the car and roughly how much is the car worth?

    Can you please CONFIRM the daily storage rate that Newlyn's are charging you.

    Lastly, when the car was taken you should have received a statutory notice. Did you receive this? A daily storage figure should have been provided on the form. What is the amount?

    Comment


    • #3
      Re: Newlyn and LB Lewisham taking control of car on finance!!!

      Thanks Milo,

      I have about £600 left to pay, and at present the car is worth £2300 ( last check on webuyanycar)

      I received a "warning of immobilization" when the car was clamped. The bailiff then came back and pushed a "notice that goods have been removed for storage or sale" if that qualifies as a statutory notice. There is no storage fees provided on this, I got that from Newlyn on the phone ... Have also just been told by Newlyn that after 13days they send the car for sale at auction.... meanwhile the police are still investigating...

      Comment


      • #4
        Re: Newlyn and LB Lewisham taking control of car on finance!!!

        [MENTION=41182]andy58[/MENTION] [MENTION=60180]L.Bizzy[/MENTION] [MENTION=56037]Big Al[/MENTION] [MENTION=48758]stevemLS[/MENTION] ... are any of you able to help out at all??
        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

        It doesn't matter where your journey begins, so long as you begin it...

        recte agens confido

        ~~~~~

        Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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        But please include a link to your thread so I know who you are.

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        Comment


        • #5
          Re: Newlyn and LB Lewisham taking control of car on finance!!!

          Originally posted by Divamama View Post
          Thanks Milo,

          I have about £600 left to pay, and at present the car is worth £2300 ( last check on webuyanycar)

          I received a "warning of immobilization" when the car was clamped. The bailiff then came back and pushed a "notice that goods have been removed for storage or sale" if that qualifies as a statutory notice. There is no storage fees provided on this, I got that from Newlyn on the phone ... Have also just been told by Newlyn that after 13days they send the car for sale at auction.... meanwhile the police are still investigating...
          The storage fee should be included on the form. Can you confirm how much Newlyn have quoted you for the DAILY storage fees?

          Please be assured that the vehicle cannot be sold whilst the TE7 and TE9 are being considered and if Newlyn state otherwise then they are wrong.

          There is a 'slight' problem with the finance given that the amount owed is very small compared to the overall value of the car. At the moment you should concentrate your efforts on the Out of Time Application.

          Could you call the Traffic Enforcement Centre and ask them to confirm the date on which authority had been given to change the address on the warrant.

          Did you update your address details with DVLA?

          Comment


          • #6
            Re: Newlyn and LB Lewisham taking control of car on finance!!!

            I called Traffic Enforcement Centre yesterday who said the council had between 4-6 weeks to respond. And yes my address is up to date at the DVLA.
            The form from Newlyn regarding storage fees only states " auctioneers Fees" for daily or weekly charge where goods removed to storage. Tried to get this info from Newlyn but they are not too helpful...

            Comment


            • #7
              Re: Newlyn and LB Lewisham taking control of car on finance!!!

              Did you update your records when you left in November 2013 or was it only a short while ago? (this is an important question as it will very likely have a bearing on whether the application is accepted or rejected by the local authority).

              TEC are correct about the time period. The local authority have 19 business days in which to advise TEC whether or not they are willing to accept the reason given by you on the TE7.

              Comment


              • #8
                Re: Newlyn and LB Lewisham taking control of car on finance!!!

                They have stitched you right up. The car is on finance, so you don't own it. By taking it after being given evidence of this, they have acted unlawfully. The law is clear:

                Tribunals Courts and Enforcement Act 2007, schedule 12 s.10:

                10 An enforcement agent may take control of goods only if they are goods of the debtor.


                You need to 'remind' the council of this and that they are fully responsible for all actions the bailiff has taken.

                Comment


                • #9
                  Re: Newlyn and LB Lewisham taking control of car on finance!!!

                  I updated my address with the DVLA in March as I had travelled in December after I moved and was only fully settled in a permanent address toward end of February. What I don't understand is even if I updated my address in March '14, they have had ample time to verify my details and send me a notice to owner at my current address... or does it not work this way?

                  The council don't want to hear anything, as far as they are concerned, its not their issue its the bailiffs I need to speak to :mad2:

                  Comment


                  • #10
                    Re: Newlyn and LB Lewisham taking control of car on finance!!!

                    Originally posted by Divamama View Post
                    The council don't want to hear anything, as far as they are concerned, its not their issue its the bailiffs I need to speak to :mad2:
                    No, the debt remains the property of the council, and they have full control of it. They are fobbing you off and a complaint to the CEO needs to be done immediately.

                    Comment


                    • #11
                      Re: Newlyn and LB Lewisham taking control of car on finance!!!

                      Originally posted by Big Al View Post
                      No, the debt remains the property of the council, and they have full control of it. They are fobbing you off and a complaint to the CEO needs to be done immediately.
                      The man on the phone was very aggressive in his response and couldn't get me off the phone quick enough, told me point blank that there was no Out of Time statement filed and I shouldn't bother asking them anything, that they had received my email regarding the car being on finance but that Newlyn is who need to be contacted. I took his name down and called back TEC who refuted and said no, the council received an email the same day and a hard copy was sent out friday to them.... I plan on filing a civil claim am just weary of the fact the police are also investigating, not sure what the outcome will be in that direction...after all, they were there when the car was towed....

                      Comment


                      • #12
                        Re: Newlyn and LB Lewisham taking control of car on finance!!!

                        The council are liable for all bailiff actions and losses you've incurred. They were made aware of everything yet still allowed their bailiffs to take the car. There can be no excuses.

                        Comment


                        • #13
                          Re: Newlyn and LB Lewisham taking control of car on finance!!!

                          Sadly Lewisham appear to a council who make it up as they go along, and have done this sort of thing before.

                          Comment


                          • #14
                            Re: Newlyn and LB Lewisham taking control of car on finance!!!

                            I thought they used in-house bailiffs anyway? Perhaps they can't handle the workload.

                            Comment


                            • #15
                              Re: Newlyn and LB Lewisham taking control of car on finance!!!

                              As of today 6/3, the bailiff has said the car will go for auction next week, unless the fine is paid in full, and the council have refused to discuss the matter further...

                              Comment

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