Help needed before 8pm

[Jojo8888]

Re: Help needed before 8pm

But on their website it says that once they receive the case the conplience fee is added, does that not cover their backs or were they supposed to send the letter?

[Big Al]

Re: Help needed before 8pm

But on their website it says that once they receive the case the conplience fee is added, does that not cover their backs or were they supposed to send the letter?

A stat dec is a legal document that will let you swear that you never received the letter. You could rewind it back to that stage and remove the extra £235 fee.

[Jojo8888]

Re: Help needed before 8pm

But how long will that take?
Shoukd I agree the repayment of £150 now and the rest on 14th March and do the stat dec thing in the mean time to keep him away?

[Big Al]

Re: Help needed before 8pm

But how long will that take?
Shoukd I agree the repayment of £150 now and the rest on 14th March and do the stat dec thing in the mean time to keep him away?

I would say yes. The fine was, what, £85? The compliance fee £75, totalling £160. For me, that is what you should pay, nothing more. If you could pay that today, it would be better.

The stat dec just needs to be signed by a solicitor (costs £5), and I can give you a template if you like. You can then send a copy of that to B&S.

Others may come on here and say I'm over complicating things, but I think it's worth it to try and save £235.

[Jojo8888]

Re: Help needed before 8pm

Ok. I will have a look.
I will pay the £150 At 9:30 when I've been the bank to put the money in, apparently I can do it over their secure website payment system. I might do that so I don't have to open a door to the bailiff man. However I don't know the reference number cos they guy scribbled it on the paper and I can't work out one of the letters or number so will ring the office and get it.

then I will have a look at this stat dec thing. I have literally no idea about all of this :-:

[Jojo8888]

Re: Help needed before 8pm

And I don't know what the fees are it just says a total of £392

[Big Al]

Re: Help needed before 8pm

And I don't know what the fees are it just says a total of £392

£392 would break down to £82 fine; £75 compliance fee; £235 enforcement fee. I would pay £157 today (fine + compliance fee), then do a stat dec to try to remove the rest.

[Jojo8888]

Re: Help needed before 8pm

Rght,

i have called the guy..... He said the following....

I appreciate you calling me and sending the details in regards to the car finance, I just wanted to explain that although the law you quoted in regards to seizing the car is correct, we still have the right to seize the car even on finance, but as a company we choose not do this.

he is happy I pay £150 today and the balance on the 14th March.......however he cannot provide a receipt or reference to this agreement until he is in the office on Monday and the first payment has already been made. This is because he is not allowed to write a receipt without it being reconciled with head office and the payment made, and also because he is not allowed to write anything on paper, text message or email incase he says something he shouldnt.

he sounds a bit dodgy to me not being able to provide a receipt but surely if I use their online system I can get a print out of the payment made and that would suffice as a receipt?

it just makes me wonder what if I had paid in cash? He wouldn't be able to provide a receipt and therefore I would have no proof I paid the money?

oh well off to pay now :-)

thanks

[Big Al]

Re: Help needed before 8pm

Pay nothing without a receipt. Call the office and tell them what he's said. Did you record the call as he's lied about the car/finance situation. He is not acting properly. Don't pay until you know you will get a receipt.

[Jojo8888]

Re: Help needed before 8pm

Yes I recorded the call, will I not get a receipt with an online payment?

[Big Al]

Re: Help needed before 8pm

Yes I recorded the call, will I not get a receipt with an online payment?

I should think so, plus you'll have a record of the payment on your bank statement.

[Jojo8888]

Re: Help needed before 8pm

Il I will pay now and look into the stat dec afterwards. Is it a form? Downloadable?

thanks

[Jojo8888]

Re: Help needed before 8pm

Paid and had email confirmation of payment also

[ploddertom]

Re: Help needed before 8pm

One question that has not been asked & could explain the "not received" Notice of Enforcement is that although you appear to have known about the original PCN - did you get all the follow up documentation & demands for payment (should have been 4 or 5 of these) and have you moved since the original "offence" was committed?

[Big Al]

Re: Help needed before 8pm

Use this template. Fill in the blanks, take it to any High St solicitor, tell the receptionist you need a stat dec notarised, a solicitor will read it, ask you to swear the contents are true and charge you £5.

STATUTORY DECLARATION



I: [your name]
residing at: [your address]



make this solemn declaration under Section 7 of the Statutory Declarations Act 1835 believing the same to be true.



[details of what you want to declare, ie "I did not receive the compliance stage letter and was unaware that enforcement action had commenced. Had I been aware, I would have addressed the matter at that time."]




I understand that a person who intentionally makes a false statement in a statutory declaration is guilty of an offence under section 11 of the Statutory Declarations Act 1835, and I believe that the statements in this declaration are true in every particular.



DECLARED AT:



SIGNED:



DATE:



Before me:



Solicitor/Commissioner for Oaths/Other(please state):



Stamp: