Bailiff action - help

monicajoanne

I posted this thread yesterday in the loans section and got a couple of answers but i wondered if anyone on here new what form I could get from the court so I can get this stopped with the bailiff.


We purchased a van from black horse and unfortunately due to financial difficulties where unable to continue the payments. The van was collected from us on 30 January 2009 and returned back to black horse for which i have form V5C/3 (notification of sale/transfer).

We then waited to hear from black horse to see what money would be outstanding to pay and make arrangements to pay this off. Then on 23 July 2009 received from the court an Order for Balance of Purchase Price requesting £8,230.11. I know we should of followed this up straight away but without going into a lot of detail we had some tragedy in our family and our thoughts were elsewhere.

Then on 18 August 2009 received a letter from a firm of solicitors requesting we pay £202.30 per month to pay the debt off. They say in this letter that the van was not collected as it was in bad condition and it would have been uneconomical to repossess, but we have the form to show it was and have nothing in written format to say that they would not accept the van

I wrote back to them and put in a copy of the V5C/3 form showing that we had returned the van and therefore the amount owing is not correct.

The breakdown of the amount is as follows:-

Total price of goods £13,719.62
paid up sum £ 6,944.60
Balance outstanding £ 6,775.02
Accrued late pay fees £ 679.84
Total outstanding £ 7,454.86

The rest of the outstanding amount is made up of court fees etc including £270.25 for failed repossession costs!

The solicitors never replied to my letter and instead the situation is we have now received a Notice of Issue of Warrant of Execution stating that we must pay the full amount before 2 October 2009 or the bailiff will call and remove our goods

PLEASE CAN SOMEONE HELP US - thank you in advance

Sheena82_2

Hi Sorry to hear of your situation, I would call your local trading standards office and get there advice they are very helpful and can let you know all of your right.

I have used trading standards a couple of times and always find them helpful. Tading standards may contact the conpany involved on your behalf they have done that for me and it was Black Horse aswel.

Usually the companies take more notice if contacted by Trading Standards.

Hope this helps

Sheena

misspoppy

Hi

I would call the court that issued the CCJ and see if they will look at the case again.

MrsTinks

Can you clarify what court charges they are on about? Did they take out a CCJ against you?

Unless something has drastically changed then they can't just send out the bailiffs - bailiffs are sent out to collect on unpaid CCJs, fines, council tax etc - not on "plain" outstanding debts.

You say you have had a Notice of Issue of Warrant of Execution - you need to check that this is really a court document and NOT just the DCA trying to make you think it is...

Does it have details of any courts on it?

Your best bet for help is going to be Herbie21 - go and look at her website: http://www.bailiffadviceonline.co.uk/

There is also a number there to call her

monicajoanne

Thank you for your information the Notice of Issue of Warrant of Execution appears real to me. I understand that we do owe some money but they have never taken anything off for the vehicle being returned and just stating it was not in a good enough condition for them to sell, but we have the paperwork to say it is returned so who are they to make that decision and just take a vehicle but give us nothing back in return. What makes me mad is the fact when you write to them they do not give you any answers back just threats to pay and never answer any of your questions.

the breakdown of costs is

Alternative to return of goods £7454.86
(which we returned!)
Courts costs awarded in judgement £335.00
Warrant fee £95.00
Failed repossession costs £270.25
Court costs on requesting monetary judgement £75.00

DarkConvict

Was there any agreement with regards to the return of the vehicle, they can't just take it back and not remove any of the outstanding balance as it would have value.

I agree with contacting trading standards, they will be able to provide advice, and also gives you the chance to add that fact to your letters, with regards that you have contacted them and they gave the advice of x,y,z.

Sheena82_2

You can return a vehicle and have all oustanding debt cleared as long as you have paid more than half the loan amount. If you have a copy of the credit agreement it should have it written on there, but im pretty sure you dont have to pay the full oustanding balance but dont quote me on that.

monicajoanne

Yes we agreed to return the vehicle and were told they would come back to us with the outstanding amount to be paid the we have the sale/transfer paperwork dated 20 January 2009 to say it was returned to Black Horse.

The next piece of paperwork is from the court saying that the return of the goods be revoked and for us to pay the full amount, this was dated 23 July 2009. I know we should of gone to the court that day but we have had some tragedy in our family and life was and still is difficult and weeks passed in a bit of a blur. I realise the court say we have to pay this amount but surely we gave something back and therefore some deduction should be made. I wrote to Black Horse's solicitor and they wrote back to say the vehicle was not collected (their letter dated 18 August 2009) as it was in bad condition and economical to repossess, but I have the paperwork to say it was collected and have nothing in writing to be told of its bad condition!! I therefore wrote back and sent a copy of the paperwork proving the collection and the next correspondence was from the bailiffs.

I do have a form for the Application for suspension of a warrant/and/or variation of an order which I think I might be able to use should they call (I will talk through letterbox) but as you suggest I need to get in touch with someone. Thanks for all your advice.

monicajoanne

Sheena thanks, that is what I thought as well but it is just trying to get them to understand that the vehicle was returned and even though they are saying it was not, because I have the paperwork to say it was, surely we should of been sent a written letter from Black Horse to tell us this.

MrsTinks

Do you have a copy of the original agreement with the clause stating that you can return the vehicle with no financial penalty once you have paid over 50% of the original agreement?

monicajoanne

Yes I am sure I have I will have a search now. Do you recommend I send this direct to the solicitors Black Horse are using and also a copy to the bailiff with again a copy of the proof of vehicle collection.

Just looked at the time I will check in a moment must pick little one up from school her friend is coming to tea. But I will come back on later and let you know if I have found it. Thank you