NEWBIE HELP - Balif chasing for a car I sold 12 months ago

[trebor2812]

Good afternoon,

I am hoping you can help.

I sold my vehicle as a P/x in October 2013. Since the new owner hasn't notified the DVLA.

At the beginning of 2014 I started to receive letters from Birmingham City Council regarding Parking & driving infringements I had supposidley committed.
I instantly notified the DVLA that I wasn't the owner supplying proof of the P/X and they sent me a letter stating I was no longer the registered owner \ keeper of said vehicle.

This was forwarded to Birmingham City Council and I am in receipt of a letter saying that the PCN was no longer my responsibility. They also advised the other 12 notifications were now revoked as well.

Subsequently I have found out that this isn't the case when a bailiff turned up at my fathers address (Where the car was registered) demanding money. He took a copy of the DVLA letter and advised to send a electronic scan.

Since then they are demanding a copy of the invoice and cancelation of my insurance. I have provided this but they are not willing to take the AXA email confirmation that the policy is cancelled as proof.

My AXA account was always an online policy and I will be charged for a letter to be sent to me by AXA.

I am now receiving daily calls, letters and I feel I have cooperated and provided enough evidence that I do not and did not own the vehicle on the dates the offense were committed.

Is there anything I can do? My father is in his late 60's and doesn't need bailiffs at his door.

Thanks in advance.

[Kati]

Re: NEWBIE HELP - Balif chasing for a car I sold 12 months ago

Bailiffs aren't allowed to harass you. There is no legal definition of what counts as harassment by bailiffs. However, the following are examples of behaviour by bailiffs which could be considered as harassment:

• threatening to take action they are not entitled to take, such as arrest or imprisonment
• giving you bogus or unstamped court documents
• ignoring your letter offering a repayment plan and removing your goods anyway
• threatening to call the police to help them get into your home
• assaulting or sexually harassing you
• pressurising neighbours to provide information about you
• deliberately telling neighbours about your debt
• putting pressure on other members of your household to sign a controlled goods agreement
• taking control of your goods without a court order, where one is necessary
• using offensive language
• causing damage to property, such as breaking a window while entering a house or damaging your belongings after taking them
• deliberately choosing to take your belongings that are the most likely to cause inconvenience. For example, you suggest they take jewellery but the bailiffs insist on taking the car that you need for work
• arriving at your home when they know only children are at home
• arriving at your home outside the hours of 6am to 9pm
• not honouring arrangements they make with you.

http://www.adviceguide.org.uk/englan..._bailiff_e.htm

which bailiff firm is it??

[trebor2812]

Re: NEWBIE HELP - Balif chasing for a car I sold 12 months ago

JBW
I am unsure if they have done the above. They just send letters calls and turn up unexpectedly.
I wouldn't mind if these were my PCN charges.
I also don't understand that a letter from the governing body of who owns which car (DVLA) isn't good enough proof?

[Kati]

Re: NEWBIE HELP - Balif chasing for a car I sold 12 months ago

I am unsure if they have done the above. They just send letters calls and turn up unexpectedly.

this counts as harassment too!! They are trying to enforce an invalid debt, and will not accept documents that prove the invalidity of it. Constant visits/phone calls/letters etc... is not allowed, and should be complained about.

http://www.jbwgroup.co.uk/making-a-complaint/

have a look through the attachment too:

Kati x

[trebor2812]

Re: NEWBIE HELP - Balif chasing for a car I sold 12 months ago

I have all ready emailed a complaint too them in response to their email advising they will not take the AXA email as confirmation.
Do I need to do any more?
All I want is them to accept that the vehicle isn't mine, is going back to Birmingham City council worth while?

[paulajayne]

Re: NEWBIE HELP - Balif chasing for a car I sold 12 months ago

Do you have a bill for the PX of this vehicle? If PX then dealer should have details

[trebor2812]

Re: NEWBIE HELP - Balif chasing for a car I sold 12 months ago

I do have that, but the dealer is refusing to give me the details of the other person due to DPA and the salesman was relieved of duties shortly after the sale.

[trebor2812]

Re: NEWBIE HELP - Balif chasing for a car I sold 12 months ago

Plus I have given them the invoice with the P/X details and the garages details.

[Kati]

Re: NEWBIE HELP - Balif chasing for a car I sold 12 months ago

You could send a Formal Complaint to BCC (sending a copy to JBW too) informing them of the harassment from their contracted employees. Attach to this letter the proof you have (axa email etc...), and inform BCC that you will happily involve your local MP and make a further complaint to the CEO of the council if the matter is not dealt with within 14(?) days :tinysmile_twink_t2:

[rds60h]

Re: NEWBIE HELP - Balif chasing for a car I sold 12 months ago

You should contact the DCA and inform them that the person named on the warrant no longer resides at that address, the bailiff's right in law to be there or contact that address ceases, as the warrant only permits the bailiff to attend or correspond with that address to deal with the person named on the warrant.
Request that they return the warrant to the court of issue because the named correspondent does not reside at the address.
Or that they refer the matter back to the creditor because the named correspondent does not reside at the address.
A letter of "Removal of Implied Right of Access" could also be issued with the added information of the named correspondent not residing at that address, which will confirm the legality of the Removal of Implied Right of Access.
If contact continues then complain to the Financial Ombudsman Service, stating you have done the above, providing copies of letters sent.

[ploddertom]

Re: NEWBIE HELP - Balif chasing for a car I sold 12 months ago

This is Birmingham's problem to sort, if providing the Warrant they are chasing was initially produced by them. They can recall it. Remind them they are 100% liable for the actions of their contractors and that you are considering a counter claim for all the hassle & stress you have been put to.

[bizzybob]

Re: NEWBIE HELP - Balif chasing for a car I sold 12 months ago

Problem is JBW are noted for not following the rules, and may well have any car away at or near your premises, so hide your existing car whilst you send any Stat Decs etc to BCC and JBW. They are one of the bailiffco's caught up in the Metropolitan Police CUBO ANPR ops where cars have been taken from their new owners, so they may try to have your new motor.