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I need urgent advice how to stop bailiff from selling the car they took which is the 3rd parties. I have 5 days !!!! Please see the story and what we have done already. but I need to know how to stop them before setting the case.
Please advice.
I have everything recorded, just no time to act as they will probably go for an auction by Friday. the fee was outstanding parking ticket £127.00 + bailiff fee £450 ha,ha
On the date 21.03.2014 I noticed at 7.30am that a Volkswagen Finance loan vehicle Audi A8 was clamped with the note on the door that the vehicle was seized by bailiff and the company he represents Newlyn Plc.
around 8.30am bailiff arrived telling me that he will take the vehicle. I gave him Volkswagen Finance Group loan documents to prove that this vehicle belongs to Volkswagen Finance Group. He didn’t even care to look at paperwork.
As I had to do pop in to bank I drove off in BMW which belongs to xxxx Ltd Company. I came back to my house 20min later where bailiff was still waiting with clamp on Audi vehicle. Just when I enter the house I saw from the window that he rushed with his van to block BMW car to prevent me probably from driving off. Doing that he also blocked a pedestrian access and half of the highway ( Photo Evidence A). This blockage lasted for few hours.
As I’m no stranger to law in England I was shocked what this gentlemen is trying to do as it’s completely opposite to Bailiffs code of conduct, Road Traffic Act or even common sense.
I went out showing him V5 document and invoice for BMW vehicle which clearly states that the rightful owner is company xxxxxx Ltd not Myself.
Again to my surprise he told me that this is my vehicle because my name is listed below the company name. As you probably aware it is obligatory by law to include a name of the person when registering company vehicle.
( Attachment No 03 – DVLAINS160 – Your registration Certificate V5C and You – Page 4 – “If the vehicle is registered in the name of a business or organisation, give the business or organisation name and then give the full name of the person responsible for the vehicle.”
https://www.direct.gov.uk/prod_consu.../dg_065264.pdf
Straight away I called Newlyn PLC office on two numbers visible on their website. So far I was not informed what this claim is about, the only paper I had was the sticker with bailiff company name and case reference number. None of the 2 operatives on the phone could be off any help and they also claimed that bailiff can take whatever he wants.
Both of the gentlemen were telling me only “You need to speak to bailiff” “You need to make payment” Conversations recorded if needed.
In the meantime my partner tried to obtain bailiffs manager’s name and contact number with whom he was constantly on the phone.
I called him explaining that his operative Mr xx clamped loan car and also 3rd party car and threaten that vehicle will be towed away in no time. He told me I need to proof that vehicle belongs to company which I did showing V5 and invoice to Mr x and later on I sent email to manager with invoice scanned. ( email sent - 11.55am ) I waited for call back for an hour and was forced to call again asking if he received my email. His answer was “because your name is also on the invoice and V5 it means that this is your vehicle” – a complete contradiction to what DVLA guidance document says. Conversation recorded if needed.
At 10.37am I called 101 non emergency police number asking what should I do when enforcement agent is trying to take goods which cannot be taken by the bailiff’s code of conduct? Lady on the other side told me that this is civil matter and they cannot send patrol to assist me.
At that point I had to stay in the vehicle as lorry with crane arrived and bailiffi tried to unlawfully take possession of 3rd party vehicle. As no one from Newlyn PLC company together with operating bailff was lessoning to the reason and rules that governs ownership of property I was forced to stay in the car to prevent taking company asset. Even while they saw me sitting in a vehicle they were still proceeding with attaching the wheel clamps for the crane probably putting my health at risk if something fall down on windshield or roof window.
At around 1.00 – 1.30pm police patrol arrived to my relief as I though some of neighbours might have called for intervention.
I sent my partner to explain situation as I was afraid to move out from the vehicle.
He almost fainted when he heard bailiff saying to the officer that I tried to run over lorry driver! And that was the reason why police sent patrol to my address. To her relief Police Officer told him to stop making false accusations and changing his story with every time he called Police line or talk with police. That’s when we found out why Police Patrol arrived – bailiff lied that I tried to run over lorry driver and that the driver got hurt! I was shocked and also Police Officers who told bailiff to stop using “bullying tactics” and that it is clearly and intimidation tactics. ( Recorded – attachment 06 on the DVD )
TRANSCRIPT:
0:40 bailiff – “I try to explain The guy is criminal because he hit another person”
0:46 Police Officer xxxx – “I don’t believe you”
0:48 bailiff– “ You can ask him”
0:49 Police Officer xxxx – “ I don’t believe pair of you ( bailiff and lorry driver ) because you change your story numerous times . You’ve changed your story, You’ve changed your story”
After seeing all the documents he instructed the bailiff to take clamps of both vehicles and move lorry out as it was completely blocking highway for the last two hours. Bailif started to oppose Police Officer directives and at that time officer called for backup patrol.
Inspector "Z" ...arrived. They consulted paperwork over the CB radio with someone at the police headquarters. They have called the court to check if the warrant is valid. In contradiction to first officer decision he told me that “bailiff can take BMW vehicle and I can chase my rights in court” where before he stated that “he don’t want to interfere and don’t want to take any sides” which clearly he took. Statements like “let’s finish it quickly so I can go for a coffee” or “I’m going to arrest you for peace disturbance if you is not going them to take the car"
” shocked us in great deal taking under consideration that just a few hours before we’ve been informed it’s a civil matter and police cannot take a stand in it.
At that time myself and my partner completely lost trust in righteousness of the Inspector "Z" ... and Police institution in general when due to lack of knowledge of basic law they allowing bailiff to take whatever they want.
The great support from Inspector "Z" ... has only convinced bailiff that his tactics “take first –ask later” are effective and I am sure that he will not hesitate to use it against next debtor/victim. As not many people are standing strongly and know the letter of law as myself I can only imagine endless number of people that will be intimidated and harass by likes of bailiff and Newlyn Plc company.
Aside of revoking certification forbailiff we will be filing a civil case against Newlyn Plc company and filing an official complaint against Inspector "Z"l .... Also we will be publishing this matter in the regional newspapers and on the online media. next time with full names.
But now if any of you know the way from stopping them from selling the goods please advice. I will really appreciate it.
Please advice.
I have everything recorded, just no time to act as they will probably go for an auction by Friday. the fee was outstanding parking ticket £127.00 + bailiff fee £450 ha,ha
On the date 21.03.2014 I noticed at 7.30am that a Volkswagen Finance loan vehicle Audi A8 was clamped with the note on the door that the vehicle was seized by bailiff and the company he represents Newlyn Plc.
around 8.30am bailiff arrived telling me that he will take the vehicle. I gave him Volkswagen Finance Group loan documents to prove that this vehicle belongs to Volkswagen Finance Group. He didn’t even care to look at paperwork.
As I had to do pop in to bank I drove off in BMW which belongs to xxxx Ltd Company. I came back to my house 20min later where bailiff was still waiting with clamp on Audi vehicle. Just when I enter the house I saw from the window that he rushed with his van to block BMW car to prevent me probably from driving off. Doing that he also blocked a pedestrian access and half of the highway ( Photo Evidence A). This blockage lasted for few hours.
As I’m no stranger to law in England I was shocked what this gentlemen is trying to do as it’s completely opposite to Bailiffs code of conduct, Road Traffic Act or even common sense.
I went out showing him V5 document and invoice for BMW vehicle which clearly states that the rightful owner is company xxxxxx Ltd not Myself.
Again to my surprise he told me that this is my vehicle because my name is listed below the company name. As you probably aware it is obligatory by law to include a name of the person when registering company vehicle.
( Attachment No 03 – DVLAINS160 – Your registration Certificate V5C and You – Page 4 – “If the vehicle is registered in the name of a business or organisation, give the business or organisation name and then give the full name of the person responsible for the vehicle.”
https://www.direct.gov.uk/prod_consu.../dg_065264.pdf
Straight away I called Newlyn PLC office on two numbers visible on their website. So far I was not informed what this claim is about, the only paper I had was the sticker with bailiff company name and case reference number. None of the 2 operatives on the phone could be off any help and they also claimed that bailiff can take whatever he wants.
Both of the gentlemen were telling me only “You need to speak to bailiff” “You need to make payment” Conversations recorded if needed.
In the meantime my partner tried to obtain bailiffs manager’s name and contact number with whom he was constantly on the phone.
I called him explaining that his operative Mr xx clamped loan car and also 3rd party car and threaten that vehicle will be towed away in no time. He told me I need to proof that vehicle belongs to company which I did showing V5 and invoice to Mr x and later on I sent email to manager with invoice scanned. ( email sent - 11.55am ) I waited for call back for an hour and was forced to call again asking if he received my email. His answer was “because your name is also on the invoice and V5 it means that this is your vehicle” – a complete contradiction to what DVLA guidance document says. Conversation recorded if needed.
At 10.37am I called 101 non emergency police number asking what should I do when enforcement agent is trying to take goods which cannot be taken by the bailiff’s code of conduct? Lady on the other side told me that this is civil matter and they cannot send patrol to assist me.
At that point I had to stay in the vehicle as lorry with crane arrived and bailiffi tried to unlawfully take possession of 3rd party vehicle. As no one from Newlyn PLC company together with operating bailff was lessoning to the reason and rules that governs ownership of property I was forced to stay in the car to prevent taking company asset. Even while they saw me sitting in a vehicle they were still proceeding with attaching the wheel clamps for the crane probably putting my health at risk if something fall down on windshield or roof window.
At around 1.00 – 1.30pm police patrol arrived to my relief as I though some of neighbours might have called for intervention.
I sent my partner to explain situation as I was afraid to move out from the vehicle.
He almost fainted when he heard bailiff saying to the officer that I tried to run over lorry driver! And that was the reason why police sent patrol to my address. To her relief Police Officer told him to stop making false accusations and changing his story with every time he called Police line or talk with police. That’s when we found out why Police Patrol arrived – bailiff lied that I tried to run over lorry driver and that the driver got hurt! I was shocked and also Police Officers who told bailiff to stop using “bullying tactics” and that it is clearly and intimidation tactics. ( Recorded – attachment 06 on the DVD )
TRANSCRIPT:
0:40 bailiff – “I try to explain The guy is criminal because he hit another person”
0:46 Police Officer xxxx – “I don’t believe you”
0:48 bailiff– “ You can ask him”
0:49 Police Officer xxxx – “ I don’t believe pair of you ( bailiff and lorry driver ) because you change your story numerous times . You’ve changed your story, You’ve changed your story”
After seeing all the documents he instructed the bailiff to take clamps of both vehicles and move lorry out as it was completely blocking highway for the last two hours. Bailif started to oppose Police Officer directives and at that time officer called for backup patrol.
Inspector "Z" ...arrived. They consulted paperwork over the CB radio with someone at the police headquarters. They have called the court to check if the warrant is valid. In contradiction to first officer decision he told me that “bailiff can take BMW vehicle and I can chase my rights in court” where before he stated that “he don’t want to interfere and don’t want to take any sides” which clearly he took. Statements like “let’s finish it quickly so I can go for a coffee” or “I’m going to arrest you for peace disturbance if you is not going them to take the car"
” shocked us in great deal taking under consideration that just a few hours before we’ve been informed it’s a civil matter and police cannot take a stand in it.
At that time myself and my partner completely lost trust in righteousness of the Inspector "Z" ... and Police institution in general when due to lack of knowledge of basic law they allowing bailiff to take whatever they want.
The great support from Inspector "Z" ... has only convinced bailiff that his tactics “take first –ask later” are effective and I am sure that he will not hesitate to use it against next debtor/victim. As not many people are standing strongly and know the letter of law as myself I can only imagine endless number of people that will be intimidated and harass by likes of bailiff and Newlyn Plc company.
Aside of revoking certification forbailiff we will be filing a civil case against Newlyn Plc company and filing an official complaint against Inspector "Z"l .... Also we will be publishing this matter in the regional newspapers and on the online media. next time with full names.
But now if any of you know the way from stopping them from selling the goods please advice. I will really appreciate it.
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