Desperate for help please!

[Penpushers]

Re: Desperate for help please!

Yes I seemed to have been going around in circles for the last two years. 'Step Change' suggested we phone the Ombudsman, we did and they asked us to send them all the details. It's so frustrating unless I send the correspondence 'signed for ' I'm ignored. We told Step Change about the Bailiff taping without telling us.1st saying it wasn't going back to court then when my husband said he couldn't pay and wouldn't pay that is when he clicked the recorder which was attached to his name tag.

[bluebottle]

Re: Desperate for help please!

Yes I seemed to have been going around in circles for the last two years. 'Step Change' suggested we phone the Ombudsman, we did and they asked us to send them all the details. It's so frustrating unless I send the correspondence 'signed for ' I'm ignored. We told Step Change about the Bailiff taping without telling us.1st saying it wasn't going back to court then when my husband said he couldn't pay and wouldn't pay that is when he clicked the recorder which was attached to his name tag.

That bodycam is supposed to be switched before the EA knocks on the door. I am tempted to provide you with the email address for the CEO of Marston Group to notify him of this.

Oh look - it's suddenly appeared below -

gareth.hughes@marstongroup.co.uk

[Penpushers]

Re: Desperate for help please!

Thank-you for the info gareth, we were not at home and the bailiff clamped my car in my name i have the green slip with my name on to prove it. Can he take my car? The paperwork that the bailiff has is all in my husbands name. This man seems to be above the law he is really horrible. I have written to the ombudsman, clerk to the justice and the chairman at marsdons i sent all of the letters 'signed for' to all of them, we are waiting for replies. I also sent a n245 form signed to the court along with a copy and all of our print out from 'step change ' the same as the bailiff had and refused to act on(we had the pound check back with a compliments slip saying that 'your ea has the discretion and is refusing to act' i have kept the slip. Any advice would be very welcome we just don't know what to do. Thank-you

[bluebottle]

Re: Desperate for help please!

What was the pound for, Penpushers?

[Penpushers]

Re: Desperate for help please!

The pound was suggested by ' Step Change' as my husband after working since the age of 15 has just been made redundant. The bailiff refused the cheque twice. The compliments slip said 'The EA has the descretion and is unwilling to accept' even though I enclosed a copy from 'Step Change 'of our details. Saturday the bailiff came back and clamped my car while I was out. All of the correspondence from the bailiff is in my husbands name only. The car is mine the log book is in my name and there is now a clamp on it, it was my 55th birthday present. Can they take my car? how long will it be before this happens if it does please?>

[bluebottle]

Re: Desperate for help please!

Does the EA know the car belongs to you? If the debt is in your husband's name only, EAs know or ought to know they can only seize a debtor's goods in relation to a debt. Seizing third party goods is a no-no. Make sure the EA and creditor are made aware of this straightaway by making a third party claim. You need to do this today.

[ploddertom]

Re: Desperate for help please!

I see something different here. Who is responsible for paying for the permit - the resident. The fact that a car registered to someone else is there to me is irrelevant - it's not the car that pays for the permit.

[Penpushers]

Re: Desperate for help please!

I see something different here. Who is responsible for paying for the permit - the resident. The fact that a car registered to someone else is there to me is irrelevant - it's not the car that pays for the permit.

Thanks for email, my car has now been clamped. Its in my name not my husbands who all of the correspondence is with the bailiff, he has asked me to contact him, i hope he doesnt take my car it was for my birthday.

[Wombats]

Re: Desperate for help please!

A slightly different tack. The council state clearly permits are vehicle specific ( https://www.cardiff.gov.uk/ENG/resid...20permits.aspx ).

What legal evidence would we need to see to ensure they can state this, or can they just state what they want? I assume the T&C's on here (which don't state they're T&C's) were put together by a fairly lowly council staff member as they can't even spell accept. If we know what this statement should be backed by, perhaps the OP can ask to see the relevant documentation or look it up online.

[Penpushers]

Re: Desperate for help please!

Thanks for email, my car has now been clamped. Its in my name not my husbands who all of the correspondence is with the bailiff, he has asked me to contact him, i hope he doesnt take my car it was for my birthday.

Thanks for the reply . The bailiff has clamped my personal car one which is nothing to do at all with the parking problem that the bailiff is arguing with my husband and son about.

[bluebottle]

Re: Desperate for help please!

If the vehicles involved are registered in your husband's name, the EA is being an idiot clamping a vehicle that belongs to a third party. He will know or ought to know he cannot seize goods belonging to a third party. If you have not already done so, submit a third party claim to the local authority involved and Marstons asap, enclosing a photocopy of the V5C.

Also, email Gareth Hughes straight away.

[Penpushers]

Re: Desperate for help please!

Thanks for info Bluebottle I am about to email gareth.hughes. Not sure how to make a third party claim. Yes the bailiff does know that it is my car I told him when he first came. I honestly believe he is just being a bully and trying to make me persuade my husband to 'pay up'. We also had the £1 returned saying that the EA has the discretion whether to accept the payment and he is refusing. I really cannot understand why if I wanted a judgement overturned I have to spend a fortune going to the high court and yet someone who obviously has the intelligence of my gerbil can decide our fate with the stroke of a pen!

[bluebottle]

Re: Desperate for help please!

Tell Gareth the behaviour of his bailiff is on Legal Beagles for all to see. Provide him with a link.

[Penpushers]

Re: Desperate for help please!

Thanks Ploddertom for the reply. Yes you are right my son purchased the permit he also parked the car. On the council website it states' The registered keeper 'MAY' be responsible. After my son had asked them not to correspond with his father over this, told them that he was a student-poor- like students are. They then chose to start chasing my husband. 'May' is a very loose term which they apparently can flaunt.

[Wombats]

Re: Desperate for help please!

On the council website it states' The registered keeper 'MAY' be responsible

'May' is a very loose term which they apparently can flaunt.

Do you have a link to this as I can't find it on the council website?