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Newlyn Bailiffs - Vehicle removed

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  • Newlyn Bailiffs - Vehicle removed

    Hello All,

    Am new to the forum and am here as I need advice. I'll make this as brief as possible but there are quite a few details to bear in mind...due to an unpaid parking ticket from 2009 my partner's van got removed by a Newlyn bailiff. It is a van he uses solely for work (it is on a hire purchase agreement), it is currently valued at approximately £8,000. My partner is self-employed. The last letter we received from Newlyn was in July saying the debt was £394 plus associated costs. We were away between 10 and 19 September and the van got removed on 17 September in our absence. We guessed it was Newlyn upon our return and on 20 September paid £1,046 to them to get it back. The letter informing us Newlyn had removed the vehicle was dated 17 September, the postmark on the envelope is 20 September and we received it by post on 22 September. The 7-day deadline to pay the debt before the van would be sold expired on 24 September - basically, had we not guessed it was Newlyn, we'd have received the letter two days before the 7-day deadline expired. My partner has his hands up to being guilty of not paying the parking ticket but there seems to be excessive charging going on here and to my knowledge, an HP vehicle and also, a vehicle used for work purposes should not be removed by bailiffs. I need advice. We paid the amount as my partner already lost one day of work because of them having his van. Surely, bailiffs should remove goods to cover the cost of the debt and not goods valued at approximately 20 times the debt. Any advice is greatly appreciated. I wrote to Citizens Advice but their advice was basically to go to a lawyer to see if we have a case.

  • #2
    Re: Bailiffs - Vehicle removed

    Have a look at our bailiff thread you may be able to glean some help here. http://www.legalbeagles.info/forums/...splay.php?f=76

    When was the van taken out on HP, what is the term of the agreement and how much has been paid so far?

    Tuttsi

    Comment


    • #3
      Re: Bailiffs - Vehicle removed

      Thank you for your response. I will check out the bailiff thread. See below answers to your questions.

      Date of HP Agreement: 20 June 2008
      Duration: 60 months
      Total amount payable: £17,000
      Balance outstanding as of 20 June 2010 = £8,500
      Amount paid to date = approx £8,500

      The terms say that Black Horse "own the Goods and until you buy them you must not try to sell them, give them away, use them as security or allow any other person to obtain any rights over them"...and..."You will become the owner of hte Goods when you have paid all the Repayments shown on page 1..."

      Thanks so much for your time and advice.

      Comment


      • #4
        Re: Bailiffs - Vehicle removed

        I am sure someone will confirm this that the bailiff is not allowed to take goods where there is still an HP agreement in force and the bailiff should have checked this position before seizing the van.

        Has the HP company been notified of this occurance?


        Originally posted by el27774 View Post
        Thank you for your response. I will check out the bailiff thread. See below answers to your questions.

        Date of HP Agreement: 20 June 2008
        Duration: 60 months
        Total amount payable: £17,000
        Balance outstanding as of 20 June 2010 = £8,500
        Amount paid to date = approx £8,500

        The terms say that Black Horse "own the Goods and until you buy them you must not try to sell them, give them away, use them as security or allow any other person to obtain any rights over them"...and..."You will become the owner of hte Goods when you have paid all the Repayments shown on page 1..."

        Thanks so much for your time and advice.
        Last edited by TUTTSI; 25th September 2010, 22:33:PM.

        Comment


        • #5
          Re: Bailiffs - Vehicle removed

          No, they have not been informed, however, we will be informing them tomorrow. Does it matter that we have since paid and got the vehicle back? One final question...how do we proceed now? Do we write to Newlyn stating the facts and demanding reimbursement?

          Comment


          • #6
            Re: Bailiffs - Vehicle removed

            I was not aware that you had got the vehicle back.

            The Bailiffs would have highly inflated their charges more than they were allowed so if you look on the bailiff thread that I gave you the link, against what you have paid then you will see how much you may have overpaid. So the answer to your question is yes you should be writing to Newlyns setting out the overcharges.


            Originally posted by el27774 View Post
            No, they have not been informed, however, we will be informing them tomorrow. Does it matter that we have since paid and got the vehicle back? One final question...how do we proceed now? Do we write to Newlyn stating the facts and demanding reimbursement?

            Comment

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