Bailiff problem

[Gisanace]

I bought a car 3 day ago and this morning bailiffs came and clamped my car for a parking ticket that was issued last july to previous owner

i told bailiff that i was new owner and offered to show him my id and reciept plus section of log book i was given by previous owner. He refused to look at them and told me if i did not pay they were going to tow my car away.

I phoned the police and i was sitting in my car and a police woman told me if i did not get out i would be arrested and kept in the cell over night

i got out of car and the bailiffs towed my car away

surely this cant be right?
can anyone help please?

[bluebottle]

Re: Bailiff problem

The seizure and removal are both unlawful and potentially illegal. You cannot be held responsible for the previous owner's debt. Which bailiff company was responsible?

Also, which police force told you the load of claptrap you were told? In the circumstances you describe, the bailiffs were acting unlawfully and potentially illegally and any arrest would be unlawful also.

Find out who put the bailiffs up to their act of theft and then write to the creditor of the previous owner requiring them to return your car forthwith. Make sure you include photocopies of proof of your acquisition of the car, i.e. V5C and bill of sale/receipt if available.

[Gisanace]

Re: Bailiff problem

Bailiff company called oneSource enforcement services

police were from romford

i now feel I should have refused to get out of car. But the police woman said if i stay in car she will arrest me for breach of the peace i wan crying uncontrolable because i was supposed to be taking my boyfriend to the airport which caused him to miss his flight to visit his father who has had a major stroke. I begged the bailiffs and the police but neither wanted to know.

[bluebottle]

Re: Bailiff problem

One Source Enforcement Services? Sounds more like One Brain Cell Enforcement Services.

The policewoman clearly does not know what she is talking about and you should make a complaint to the Professional Standards Department of the police force involved. Threatening to arrest someone without lawful reason is an abuse of authority, at best, and a potential criminal offence, at worst.

This is a link to the procedure to retrieve your car - http://www.justice.gov.uk/courts/pro...executed-goods

Could your boyfriend have caught a taxi to the airport or would he have missed his flight anyway because of the actions of the bailiffs? If the latter, he may have grounds for making a claim against the bailiff's client for the bailiff's bungling. And that's being kind to them. I would call it something a lot stronger. Claim £10 per day for loss of use and any travel costs because of the bailiff's actions. This should be claimed against the bailiff's client.

[Gisanace]

Re: Bailiff problem

Thank you for your replies
thank you for link although it looks confusing but i shall read it tomorrow as i am exhausted with the day from hell i have had.

[Kati]

Re: Bailiff problem

You can contact 'One Source' via email - onesourceenforcementservices@onesource.co.uk - and I'd strongly suggest you put in a formal complaint about the Enforcement Agent's actions (and the seizure of your car).
If this person has taken your car for someone else's debt, then s/he has acted illegally and must be reprimanded for their actions!

As bluebottle says, you will need to be able to prove ownership of the car (receipts/logbook etc...)

[Gisanace]

Re: Bailiff problem

Thank you for info

who is best for me to write to ? Council or bailiff company?
What do i write in letter to quote the law that covers this problem?
Is there a template letter on the net?

Thank you

[bluebottle]

Re: Bailiff problem

Okay. You need to write to the bailiff company as your case appears to fall under Part 85, Section III of Civil Procedures Rules.

Something along the lines of -

OneSource Enforcement Services
***************************
***************************
***************************

NOTICE OF CLAIM TO CONTROLLED GOODS

I, [FULL NAME] of [FULL ADDRESS], this being the effective address for service of documents or proceedings in connection with this claim, confirm that the following Controlled Goods are my property -

Motor Car
======

Make
Model
Colour
Vehicle Registration Mark
Vehicle Identification Number (if known)

and which was removed from [LOCATION] at [TIME] on [DAY], [DATE], by an Enforcement Agent representing OneSource Enforcement Services.

The Enforcement Agent informed me that the previous owner had incurred a Parking Ticket in July 2014 and that if I did not pay a sum of money to him, he would take my property, as described above, away from me. I pointed out to him that I had acquired ownership of the property on [DATE] and showed him the V5C and receipt from the seller, but the Enforcement Agent ignored this and took my property regardless of the fact that I had shown him proof of my ownership of the vehicle. I do not owe any debt to the person or organisation the Enforcement Agent was representing and it is my understanding that the Enforcement Agent had no right to take my property as I am not the debtor whose debt he was enforcing.

I enclose the following evidence of my ownership of the Controlled Goods described above -

V5C
Receipt from [NAME OF SELLER]

I therefore require that my property be restored to me promptly.

Yours sincerely"

I have no doubt Milo will look in on this thread and correct me if the above needs amendment. I have no issues with this.

Hope this helps.

Send photocopies of V5C and receipts.

[Gisanace]

Re: Bailiff problem

I am really gratful for this info
i will post my letter first thing tomorrow
i shall let you know how i get on


a million thanks for the help

[Gisanace]

Re: Bailiff problem

I sent the bailiffs a registered letter on the 9th feb to which i got no reply.
I have just phoned the bailiff company and they have informed me that they are not giving me my car back because of outstanding parking ticket. I again told them it was ticket for previous owner and his answer was "can you get in touch with previous owner and tell them to pay and then i can have car back. I am livid and upset as he said car will be sold on saturday (14 days after they took it)

i sent them copy logbook. Signed receipt and copy of my licence
please help i dont know what to do

[Kati]

Re: Bailiff problem

report it to the police? they are acting illegally in keeping your car (which you have already proved ownership for) in respect of a debt that is not yours.

Do you know who the original fine came from? It might be an idea to put in a formal complaint with THEM too

[bluebottle]

Re: Bailiff problem

I sent the bailiffs a registered letter on the 9th feb to which i got no reply.
I have just phoned the bailiff company and they have informed me that they are not giving me my car back because of outstanding parking ticket. I again told them it was ticket for previous owner and his answer was "can you get in touch with previous owner and tell them to pay and then i can have car back. I am livid and upset as he said car will be sold on saturday (14 days after they took it)

i sent them copy logbook. Signed receipt and copy of my licence
please help i dont know what to do

Check the Royal Mail Track and Trace website to confirm the bailiffs received the letter. If it shows they did, contact the local authority who hired them and ask if the bailiffs notified them of the third party claim. Do this straightaway and come back onto this thread.

[bluebottle]

Re: Bailiff problem

Okay, Gisanace. I have asked one of our other members who is very experienced in dealing with bailiff matters to look in on this thread and advise on any further steps you need to take.

[bluebottle]

Re: Bailiff problem

report it to the police? they are acting illegally in keeping your car (which you have already proved ownership for) in respect of a debt that is not yours.

Do you know who the original fine came from? It might be an idea to put in a formal complaint with THEM too

It is almost certainly a local authority PCN, Kati. Our posts have crossed and I have advised the OP to contact the local authority to confirm whether the bailiff company has complied with the statutory third party claim procedure.

You are correct in that One Source Enforcement and its bungling bailiffs (And that is being kind to them.) have acted contrary to the law, Kati. Seizing third party goods, knowing the owner of those goods has produced proof of ownership and then detaining them without lawful authority, is an absolute no-no. At best, it is Wrongful Interference With Goods and if they do sell the car or attempt to sell it, it is Wrongful Conversion of Goods as well. However, this is on the civil side. On the criminal side, it is likely to be a lot more serious.

[Milo]

Re: Bailiff problem

I am so sorry but I had not seen this question before.

I am also sorry to be the bearer of bad news by telling you that you could indeed have a problem and this because of the statutory regulations impose a clause that goods belonging to the debtor become 'bound' from a certain date and that the debtor cannot therefore dispose of an asset (in this case a motor vehicle).

First things first....

Which company is this?

What documentation was left with you?

How much is the bailiff demanding?

How much is your car worth (roughly)?

Did you purchase the vehicle from a relative or close friend (maybe an odd question but there is a reason for asking)?

How much was the purchase price?

Are you able to contact the previous owner?

Have you done so....and what is their response?

If the previous owner had not been aware of this PCN then they should file an Out of Time witness statement TODAY.