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Swift Credit - Notice of Seizure of Goods

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  • Swift Credit - Notice of Seizure of Goods

    and Inventory.

    Today, I awoke about 7.45am and got up to get my son ready for school.
    When I walked into my kitchen, which faces the front of my house, I noted a car parked in a diagonal position - which would have obstructed my vehicle (motability vehicle) from leaving where it was parked. So basically, deliberately parked in a way to prevent me using my vehicle.
    Not knowing who the other vehicle belonged to, I assumed a visitor to a neighbour and they would soon be moving on.

    However, a knock on the door within minutes of me being up and still only in nightie, I opened the door to a very large hefty looking black male, who asked for me by name (but pronounced incorrectly) and I did not admit to being the person, but stated for them to call back in about an hour when they may be able to speak to that person, whilst enquiring who they were?

    He flashed an Id card in my face for a matter of seconds and all I could establish was Swift Credit Services and he said he was a bailiff and until he could speak to 'that person' he would be immobilising vehicle
    ------------------------------- merged -------------------------------
    I simply reiterated the bit as to him calling back in an hour.

    Anyway, I carried on getting my son up and ready and I could hear the bailiff clanging and banging about outside, I knew that clamping my car was illegal as owned by motability, but I really had to give priority to my son getting to school on time etc, he has Special Educational Needs and his routine is vital to how his day may pan out!

    The next thing I knew was the bailiff was knocking on my door again, only this time continually and I simply ignored it.

    He remained outside my house for a good 1 and a half hours and then I heard an envelope being dropped through my letter box!

    When I opened the letter (and noted his vehicle no longer outside the front of my house) which was a relief as my son was worried he may take his bike as he rode to school!

    The envelope contained a Notice of Seizure of Goods and Inventory from Swift Credit Services. It gave their reference no my name address and interestingly, mostated c/o Motability finance ltd. Bailiffs name and Court name where certificated (which I checked and he is certificated).
    It goes on to say that under a warrant of execution issued with the authority of the Parking enforcement centre at Northampton County Court,. I have seized goods specified in the inventory below for the sum of 523.39.

    Ther amount represents a parking penalty charge, court fee and bailiffs costs incurred in collecting the charge.
    vehicle reg: XXX XXXX penalty charge no: XXXXXXXXXX

    Form 7:-

    INVENTORY 1. MAKE & MODEL OF MY VEHICLE - REGISTRATION NO XXXXXXXXX

    Basically I do not know what exactly this relates to, ie: issue of PCN for parking illegally : where? etc

    Also I was under the impression that it was illegal to clamp or prevent someone from using a vehicle loaned to them? I am disabled myself and receive only Income Support and other disability benefits in order for me to take care of myself and my son, aged 13 who has SEN issues/problems, he also received Disability Living Allowance.

    The Notice state3s, any person removing these goods may be liable to penalties! I had to drive the car to take my son to school and call in at the Library to use the internet for info/advice etc - which is how I am posting this thread.

    Please advise what can I do, I am worried he will be waiting outside when I get home??

    Any advice much appreciated
    Thanks in advance.

    Frances
    Last edited by frances1p; 22nd June 2010, 09:47:AM. Reason: Automerged Doublepost

  • #2
    Re: Swift Credit - Notice of Seizure of Goods

    Hi Frances

    What a nightmare for you.

    here is a link to Bailiffs http://www.legalbeagles.info/forums/...ad.php?t=18023 and I am sure Amy will be along soon to help you further.

    Also, I do not belive that they can take the car from your private drive.

    Can you contact swift and find out who issued the parking ticket so that you can take it up with them?

    Tuttsi x

    Comment


    • #3
      Re: Swift Credit - Notice of Seizure of Goods

      If this bailiff has levied on a car owned by Motability Finance then he has not levied on goods belonging to you, therefore, this levy is illegal.

      I would also say he is fully aware there is nothing he can do with regard to this vehicle, which is why he did not clamp it and/or remove it this morning.

      Fax this to Swift Credit offices immediately and cc your local council.

      Dear Sir/Madam

      TAKE NOTICE


      That any visit to the above property post (add date of this letter) by you, your agents, or those otherwise acting on your behalf or upon your instructions, stating either verbally or in writing an intention, unlawfully or by force, or guile (and other than by express invitation) to enter these premises and remove property, will result in the arrest of the agent/person concerned for attempted burglary. Steal shall mean any removal or attempted removal, or intention to remove, any property in which you have no lawful Title or Property therein.

      I reserve the right to produce a copy of this Notice to the Court in future proceedings.

      Yours faithfully

      cc. ******** Council

      I would also consider making a Form 4 complaint against this bailiff, but first write a letter clearly stating that you have no idea what this is all about, why your Motability vehicle has been levied on and insist that they clarify the situation and remove their illegal fees because you have no intention of paying them. Send the same letter to the council. Seach this forum for 'fraud' because this is what this is.

      Comment


      • #4
        Re: Swift Credit - Notice of Seizure of Goods

        Amy
        Thank you so much for your advice. I have drawn up two letters as per your advice and this morning faxed them to Swift Credit Service and posted copies to Council. So cheers for that.
        However, what next? I am concerned at having said I have no intention of paying ..... when it may turn out to be a Parking Ticket - I either never received notice of or poss forgot/misplaced????
        What is my next move from here????
        Thanks in advance
        Frances :tinysmile_aha_t:

        Comment


        • #5
          Re: Swift Credit - Notice of Seizure of Goods

          Well then, he should have told you the reason for calling on you.

          There isn't a lot you can do if he refuses to tell you what you allegedly owe this money for is there?

          If it is genuine they will provide you with proof, if it is not genuine - they will try it on to see how far they can get and how much money they can earn from you, but we'll cross that bridge if and when we come to it.

          Comment


          • #6
            Re: Swift Credit - Notice of Seizure of Goods

            Thanks for that!

            So for now, I shall just sit tight and deal with events as they occur (or likely I shall be returning for more help and advice, when that day arrives!). But hey, at least for now they will get their act together and any further dealings likely to be on a strictly professional and lawful basis !!!!!

            Comment


            • #7
              Re: Swift Credit - Notice of Seizure of Goods

              If you answered the door in a state of undress, surely you would have been caused embarrasment had a neighbour seen you? Also if you clearly stated that you were not the person he was after, showing you an ID card would also breach DP surely? IE if that person was your family member you now know a bailiff is chasing them and thats breaching DP.

              I know this would cause a serious complaint if it was just a DCA on your door... do bailiffs operate under totaly different rules?

              Good luck

              Comment


              • #8
                Re: Swift Credit - Notice of Seizure of Goods

                There was no breach of DPA as no information was disclosed.

                Comment

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