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quote=troyalison;247065]my partner had her car taken from her by newlyn in november 2011 and at the time was still on hp we took them to court as they had no warrant of execution my partner has 5 girls all under 12 and i cannot believe they can get away with this it was a 30 pound fine which newlyn wanted 700 pound and on top of all that court costs aswell any advice would be great thanks[/quote]
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Re: newlyn balliffs
If you took them to Court what happened? -
Re: newlyn balliffs
If Newlyn's goons got fined for breaking the law, it is Newlyn who are liable for the fine and any costs associated with it. If they are expecting you to pay the fine, court costs and any legal costs they incurred, tell them to take a hike and pay it themselves.
If they persist, speak to the warrant office, if the matter was heard at a magistrates' court, or the court office, if it was a county court, and tell them Newlyn are attempting to make you pay their fine, costs and legal fees. They should be able to advise you what to do.
Remember, it is Newlyn and their house-trained polecats who broke the law - not you.
If Newlyn ignore you and/or the court who imposed the fine, court and legal costs, you may have to involve the police, that is, if the court doesn't beat you to it.
Let us know what happens.Life is a journey on which we all travel, sometimes together, but never alone.Comment
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Re: newlyn balliffs
Originally posted by troyalison View Post
You need to report the car stolen to police, and notify the HP company. They can get the address of the new owner and the finance company can go round to the address using the spare key and recover the car.
You can charge all fees and recovery of your car to the council through the small claims court.
This will not happen overnight, so you can have a rental car and add the costs to your bill.
Start the formal complaints procedure with the council and copy in the bailiff company.
[HEAD OF TRAFFIC ENFORCEMENT]
[NAME OF] Council
[ADDRESS & POSTCODE]
[DATE]
Dear sir.
FORMAL COMPLAINT
BY POST AND BY EMAIL
Re: Penalty Charge Notice Number: [NUMBER]
I make this formal complaint because I received bailiff from you on [DATE] collecting the aforementioned PCN and demanded the sum of [AMOUNT] and took a vehicle [MAKE AND MODEL] registration [REGNUMBER] that is the property of the finance company. This means it irregular distress and no fees thereto are due from me.
The bailiff also indiscriminately over-charged me with his fees that are not compliant with regulations and charged me for work he has not done. There has been no costs incurred by the bailiff and no costs order has been made against me by a court. This may constitute an offence under the 2006 Fraud Act.
[ADD ANY OTHER GROUNDS HERE – KEEP IT SIMPLE AND FACTUAL]
To resolve this complaint:
1. Return the case to council administration.
2. Return the vehicle to the finance company or myself within 4 days
3. The council makes the necessary investigation why the required checks on the vehicle's status were not made before taking it.
4. Do the necessary work to ensure the person responsible for taking the vehicle is made accountable under both, civil law and criminal law and the investigation is made objectively and professionally.
5. Make the necessary complaint to the appropriate court regarding the bailiff’s fitness to hold a certificate. A form 4.
Once the matter is settled, I will enclose a final bill of costs including the cost of my rental car which accrues daily.
If you are unable, or unwilling to resolve this complaint in full, please mark your response letter with the words FINAL RESOLUTION and I will ask the Local Government Ombudsman to intervene and start a claim in the county court.
Yours Sincerely.
[YOUR NAME]
Encs. Copy of:
Bailiffs document proving fees were charged
Finance agreement
Cc – [NAME OF BAILIFF COMPANY]Comment
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