Good afternoon.

[gavmoulds]

Hi all,

Like most people I have been through the mill during my younger years on this planet and found myself in some very stupid and potentially damaging situations...all my own fault.

I am now paying for those but I am certain that i have paid up on some occasions when I most certainly shouldnt have.

I usually search google like everyone else and get so confused...hence i am here looking for the legal light at the end of the tunnel.

I also have some of my own professional knowledge which I will gladly share where needed.

Gavin

[Diana M]

Re: Good afternoon.

I have been through the mill during my younger years on this planet and found myself in some very stupid and potentially damaging situations...all my own fault.

I am now paying for those but I am certain that i have paid up on some occasions when I most certainly shouldnt have

. . i am here looking for the legal light at the end of the tunnel.

Don't be so harsh on yourself

What's your current legal problem?

Di

[gavmoulds]

Re: Good afternoon.

I am currently worried about an enforcement agent clamping my car for a totally un related debt. I cannot seem to get any clarification as to whether it is protected under the Taking control of Good regs 2013.

Some websites say it should not be immobilised or removed ...others dont mention it...other state that it is liable to clamping as a lever to force my hand. The debt is a previous HP debt for another vehicle which is a total mess. I am dealing with that and making payments...problem is I no longer have the car. The HP was supposed to be settled....some how it never was but it was clear on HPI...

So in summary......I have taken full responsiblity...I have done an online assessment and made offer of payments monthly......this has not been formerly accepted....but I am paying anyway....they know I do not have the car and I have made efforts to trace it yet they still keep visiting when I have specifically asked them not to as I am temporarily not at the address due to personal circumstances. I am technically vulnerable as i am being treated for stress and depression. To make it worse I used to work for the company and they are trying to make an example of me...I have even been asked to call a personal mobile which is not recoreded and been directly accused of fraud. the person leading this is my ex boss whom has taken a personal dislike to me and is rude arrogant and drink drives regularly It is a direct result of their employment that I am being treated for stress and depression. He just ignores this and carries on. I was thinking of rasing it with the ombudsman.

[ploddertom]

Re: Good afternoon.

If this is for a previous HP debt then to go any further they must take you to Court & obtain a CCJ against you. If you are being visited before this has taken place then they can only be by a Debt Recovery Agent who has next to no powers at all.

Even if a CCJ is awarded the debt is one governed by the Consumer Credit Act and therefore if a Bailiff is instructed it can only be the County Court Bailiff who is easier to deal with than those collecting for other debts.

Do you know what stage you are currently at?

[gavmoulds]

Re: Good afternoon.

There is no CCJ. I am making monthly payments. Approx outstanding is £4000. There is however, a Return of Goods Order which i have never seen.

I have noticed though that they have my address wrong and could have sent correspondence there. Instead of 22, they have decided it is 122 despite me giving them the correct information by email which was aknowledged.

My main concern here is my present car...I cannot get it clamped or taken away. I am not over concerned about the way in which they are handling the situation. I know what they are like as I used to work there. They are not Fully Authorised by the FCA and they wont be unless they massively improve their practices.

[wales01man]

Re: Good afternoon.

Until there is a CCJ and its taken to court again to allow a Bailiff or HCEO to act I have as much right sam as all of us on LB and any debt collectors to take your car

[gavmoulds]

Re: Good afternoon.

what do you mean by that.......are you saying that they have no right to take it........I am really trying to find a straight answer here.

[ploddertom]

Re: Good afternoon.

what do you mean by that.......are you saying that they have no right to take it........I am really trying to find a straight answer here.

If there is no CCJ then there can be no Bailiff. If there is a Return of Goods Order against youn then they can only have the goods on the order although you may have to explain why you no longer have the original car. In my view you are worrying unnnecessarily.

Have a read of this: https://360.optimalegal.co.uk/news-i...cement-options

[wales01man]

Re: Good afternoon.

Gavmoulds car is safe until courts orders are obtained and only after a CCJ can this happen even then it can still be safe