Tweet
newlyn plc towed my car away from tesco car park, unpaid pcn, TE7 TE9 REFUSED,, should i file N244 and fee remission, i am a loan parent just sarted a new job 16 hours a week in feb, my car was towed 21 feb,, i have not been able to work for the last two years due to depression,, i have a hire purchase account with black horse for my car i was unable to pay the last two payments i had never missed a payment when working,, i informed black horse my income had drop and will pay them when my income inproved, i have now received a letter from blackhorse on the 21/03/2012 my account was sold to Hillesden ltd,dlc,, the reason the pcn was not paid i moved address i let the dvla know of change, i had no corrpondence from enforcing authority, Newlyn plc have my car & Hillesden ltd have my hire purchase account is this legal. please help at a lost what to do kind regards BELLBELL
Loading...
-
Tags: None -
Re: your account was sold
I suspect someone may beat me to it, but the way forward is reasonably clear. I'm on my phone at the moment, but once I get to my computer around midday, I will post up a response for you.
Just to clarify, you have HP on the vehicle with Black Horse and not a personal loan to pay for it?
The bailiff's and the local authority are both at fault here.
Was any reason given for your Stat Dec And Stat Dec, Out of Time given? -
Re: your account was sold
If the motor car is/was the subject of a hire purchase agreement, then it is not (yet) your car, so the bailiffs have no right whatever to retain it.Originally posted by bellbell View PostComment
-
CC reads my mind again. lol
Here earlier than expected. If you can confirm the couple of questions above, then we can give you a way forward.Comment
-
Re: your account was sold
I am sure senior members can shed more light on it but you mentioned that you are a single parent so fall in the category of vulnerable. One more question, was car registered at your new address or did black horse knew about your new address? If they knew about the car than all they had to do was check with the company or check the address the car is registered at and could have got some kind of information. Again someone with more knowledge can advice you better but i think you can go to police and file a report for theft.Comment
-
Re: your account was sold
With it being Black Horse, we need to check it is HP and not a personal loan as they do both. I suspect it is, but best to be sure.
Definitely vulnerable in those circumstances. I'm particularly interested in why the Stat Decs were refused.
It's clearly with HCEO's if you're looking to file a N244. Form Ex 160A is the one you need for fee remission. Before you do this though, please answer my previous questions, as there may be other routes to take.Comment
-
Re: your account was sold
Shouldn't he tell the owner of the car where it is?Comment
-
Re: your account was sold
When you say 'he,' do you mean the OP or the bailiff?Originally posted by CleverClogs View Post
Once we have answers, it may be more appropriate to tell the police where it is.Comment
-
Re: your account was sold
As usual, Mr Numpty the bailiff (or HCEO) has cocked-up (What's new?)
I would give the bailiff/HCEO firm the shock of their lives and send them a Special Delivery Letter. I would suggest the following -
BY SPECIAL DELIVERY
Chief Executive Officer
Newlyn PLC
**************************
**************************
**************************
**************************
Reference: *****************
Dear Sirs,
MOTOR VEHICLE REGISTRATION MARK AB12 CDE - NOTICE TO SURRENDER
On [date] your company took the above vehicle, without lawful authority, from the car park situated at Tesco Stores Ltd [Address of Tesco Store].
Your company is put on notice that the vehicle at reference is on hire to me under a hire purchase agreement with Black Horse Finance, who are the lawful owners of the vehicle, not myself. Your company will know or ought to know that a bailiff may only seize property belonging to a debtor, not a third party. In the circumstances, your company's seizure of the vehicle was and its continued retention by your company is illegal. The relevant legislation is Section 1, Theft Act 1968, in respect of the seizure, and Section 22, Theft Act 1968, in respect of its continued retention. Section 22 of the Act also applies if your company attempts to sell the vehicle. The maximum penalty for Theft is a term of imprisonment not exceeding seven years and 14 years in respect of the offence of Handling Stolen Goods (Section 22).
Your company is to surrender the vehicle at reference into my custody within 24 hours of your receipt of this letter. Should your company not comply, then I have a duty to report this matter to the police and file a Stolen Vehicle Report without further notice. If it is necessary for me to do this, I put your company on notice that the police have the power to seize the vehicle without a warrant as well as powers of arrest without warrant.
I expect your company's full compliance with this notice.
Yours faithfully,
[Your Name]
If Newlyn PLC refuse to play ball, play dirty.
BBLife is a journey on which we all travel, sometimes together, but never alone.Comment
-
Re: your account was sold
An excellent letter BB. I still think the OP needs to post again answering the questions I posed, one of which was clarification that the vehicle is indeed on HP and the OP has not taken out a Personal Loan with Black Horse in which case the vehicle does belong to the OP.Comment
-
Life is a journey on which we all travel, sometimes together, but never alone.Comment
-
Re: your account was sold
I believe they are too. In post 2 I took the precaution of just double checking as some do say HP when it's actually a personal loan.Comment
Comment