Rossendales Bailiffs, Please Help

[ricardo123]

Hi please help me, I have had 2 visits from a bailiff who claims i have an outstanding parking ticket on a car i have never owned.

He claims the ticket was passed to Northampton county court and he now has a distress warrant.

I have told him that i have never owned this vehicle, he told me to contact the issuing parking office, which i did( still waiting for them t get back to me).

this morning(now 3rd visit) i watched as he very sneakly and queitly posted a letter through my door( no intention of knocking to see if i was home or not).

in the letter was a notice of distress saying he HAS seized my car and i have 5 days to pay the total in full which is now £279.31 which is made up from debt and costs outstanding- £123.16 first visit fee- £39.88 2nd visit fee- £51.04 and a levy fee of £65.33.

what can i do???

[Amy]

Re: Rossendales Bailiffs, Please Help

Is this for a private parking ticket?

This doesn't add up. He's told you he has a distress warrant, but it was through Northampton County Court? This is not possible, a distress warrant comes from a magistrate's court.

[ricardo123]

Re: Rossendales Bailiffs, Please Help

Hi Amy, firstly thanks for replying so quick.

the parking ticket was issued by local council.

the notice of dstress reads as follows- take notice that by virtue of an authority given to me by northampton county court in a liability order dated jun 18 2010 i have this day seized, distrained and impounded upon the premises the goods specified in the inventory below for debt and costs owing to local authority.

then lists my car on the inventory.

there is a copy of a warrant of execution issued to local authority dated 18 jun 2010( which i have never reiceved a copy of) which says the bailiff may remove goods to the required value ( how is a 2003 vauxhall worth £279??

[Amy]

Re: Rossendales Bailiffs, Please Help

Ah ok, a Warrant of Execution makes much more sense.

If you are sure you have never owned this car, then the debt cannot be yours. Have you complained to your council about this?

If the council will not deal with it then you will have to file a Statutory Declaration. If I were you I would swear a statutory declaration. You can do this at a solicitor's or at a court. A solicitor will charge a small fee, but it is free to swear one at a court.

Basically, what this is is an oath that an earlier part of the process that should have happened, in fact did not happen or in your case, that this debt cannot be yours as you have never owned this vehicle.

[ricardo123]

Re: Rossendales Bailiffs, Please Help

thank you so much!!!!

should i contact the bailiff as well and tell him again i have never owned this vehicle or should i just try council again??

can he still come and take my car?

[Guest]

Re: Rossendales Bailiffs, Please Help

It is entirely up to you. Have you made the statutory declaration yet, or at least arranged to do it?

[ricardo123]

Re: Rossendales Bailiffs, Please Help

no not yet, only just found out i can do this.

local court closes at 4pm, will see if i can do one monday morning thanks

[Guest]

Re: Rossendales Bailiffs, Please Help

The bailiff's do not want your car, they want your money and it matters not to them that you do not actually owe any.

How much is your car worth?

[ricardo123]

Re: Rossendales Bailiffs, Please Help

my car is prob worth about £2k- 2.5k

[Guest]

Re: Rossendales Bailiffs, Please Help

It is an offence to levy excessively, thus taking a car worth eight to ten times the debt is highly unlikely to happen. Should you choose to communicate with the bailiff, you can simply tell them that you will be making a Statutory Declaration on Monday morning and in the meantime, take a look here because you might consider sending them what you see in post #2.

Trying it on or for real - Legal Beagles Consumer Forum

[ricardo123]

Re: Rossendales Bailiffs, Please Help

thanks for all your help that is brilliant cetellco

[ricardo123]

Re: Rossendales Bailiffs, Please Help

hi again, if the bailiff turns up and tries to take my car, how can i stop him?

[Amy]

Re: Rossendales Bailiffs, Please Help

Move the car and park it away from your house until this is sorted out.