Baillifs clamped car but bailliffs letters probably send to old address

Coupon-mad

Margaret42 wrote: »

how long warrant is valid?
one year? longer?

Sorry we are not bailiff experts, you need one. MSE posters often link to this site:

http://www.bailiffadviceonline.co.uk/

and I have read good reports of how they can help you. Why not read their info. A poster on MSE called herbie is a bailiff I think...someone may be able to clarify who it is?

But anyway, as Coblcris says:

QUOTE
Contact the TEC* tomorrow first thing. Ask them when the charge was registered and when the warrant was issued - you will need the PCN number. They are most helpful.
Report back with that information.

Contact a bailiff expert.
QUOTE



*TEC is the Traffic Enforcement Centre

RobertoMoir

Coblcris wrote: »

"my boyfriend who is self employed tradesman"

I saw that, but being self-employed doesn't automatically make your vehicle a 'tool of the trade'.

I agree with contacting the TEC - they may be able to set enforcement action aside if the correct paperwork hasn't been received.

Freddie_Snowbits

Ignorance is bliss!

king100

Margaret42 wrote: »

Can anyone help?

Two days ago out of the blue we've seen our car clapmped and notice from bailliffs.He called them saying that maybe is a mistake, we change the address and under a new one no warrant of execution or any notice letter about the bailliff visit came.

They reminded him the old ticket from 2008. He realised that he stupidilly forgot about it.
We found now the old PCN as it was sent in 2008, but as we changed address in 03.2009 we didn't receive
no letter from bailliff and no chance to deal with them before clamping.
Is this legal that they clamped car without any letter of intent or call to collect?

Moreover the car is used for my boyfriend who is self employed tradesman and need it to do his job.

ANY ADVISE what to do next?

My suggestion google "CAG"

They have a specific forum for baliffs.

But the basics are, I think.

You need to find out who issued the warrent.
Ask the baliff for a SAR (Subject access report), this should detail the fees.
Fill out some form someone on CAG will tell you.


They will let you know more on CAG website, try and find someone called halowitch, shes the best.

One thing I cant understand is why they went to wrong address. If you have the same car that ticket was issued, one simple check on DVLA would give them correct address.

Do you have any paperwork from the baliff?

He would have needed to levy on your car and should have produced somesort of paper work concerning this?

Is the car/van on HP? If it is then the levy on car/van is illegal.


Dont take what ?I wrote as gospil, he just what I have picked up on CAG forum.

~Make your way over there to get a more depth reply~

Coblcris

Margaret42 wrote: »

how long warrant is valid?
one year? longer?

A year from date of issue. However I will go as far as to say that many 'non standard activities' take place. Make of that what you will.

When dealing with bailiffs an expert view is recommended if not essential.
The appalling coverage given by certain television programs should be ignored - with prejudice.

Margaret42_2

...charge was registered on 21.07.2009
warrant was issued on 2 Nov 2009
So it's valid, but we haven't see it as we had no letter from baillifs as we changed the address in march 2009.

When my boyfriend talked with baillif he refused to show warrant of execution saying it was sent to proper address.
The other thing is that my dear BF didn't change the address with the DVLA . Last time (it was year ago) when he paid his road tax directly in DVLA offices he'd shown them new insurance issued on the new address so he'd thought they registered the new address that time.)

Our car isn't a van. It's a big estate car and my partner uses (sory used it ) it to carry his tools when working as a self-emloyed trader/ plumber. It's not used for pleasure, he is not able to carry heavy tools in hands especially when he needs a few in the same time
Baillif said only van or car signed (for example with advertising on it) aren't to be seized.

I suppose there is no chance for us to have our car back
We have no such a money bailliff is asking for. It is 8 hundred something, and I suppose now it will be more as they add the cost of towing and storing as well.

I'm broken, my partner lost car, so when some contract will come he won't be able to take this and earn money, i'm pregnant and under a huge stress now....

king100

Margaret42 wrote: »

...charge was registered on 21.07.2009
warrant was issued on 2 Nov 2009
So it's valid, but we haven't see it as we had no letter from baillifs as we changed the address in march 2009.

When my boyfriend talked with baillif he refused to show warrant of execution saying it was sent to proper address.
The other thing is that my dear BF didn't change the address with the DVLA . Last time (it was year ago) when he paid his road tax directly in DVLA offices he'd shown them new insurance issued on the new address so he'd thought they registered the new address that time.)

Our car isn't a van. It's a big estate car and my partner uses (sory used it ) it to carry his tools when working as a self-emloyed trader/ plumber. It's not used for pleasure, he is not able to carry heavy tools in hands especially when he needs a few in the same time
Baillif said only van or car signed (for example with advertising on it) aren't to be seized.

I suppose there is no chance for us to have our car back
We have no such a money bailliff is asking for. It is 8 hundred something, and I suppose now it will be more as they add the cost of towing and storing as well.

I'm broken, my partner lost car, so when some contract will come he won't be able to take this and earn money, i'm pregnant and under a huge stress now....

As suggested post this on CAG, google CAG and head down to the Baliffs section.

If he uses it for his trade he cannt levy on it its that simple, regardless of the fact it doesnt have any signs on it.

It is my belief that they need to follow set procedures, head over to CAG

Margaret42_2

Bailliff called and said that our car was stolen from him and that he willl ebnter our flat to take other possessions

king100

Margaret42 wrote: »

Bailliff called and said that our car was stolen from him and that he willl ebnter our flat to take other possessions

How was the car stolen from him?

Has he entered your property yet?

If he hasent

DO NOT LET HIM IN
DO NOT LET HIM IN
DO NOT LET HIM IN

talk through the letter box or upstairs window.

He can levy on anything like personal cars in driveway or outside your house. Believe it they levy on your neighbours car if parked outside your house.

As suggested go to consumeractiongroup they have dedicated people there, as I am sure you will need to follow a set path to deal with this.

Again

DO NOT LET HIM ENTER the property

Margaret42_2

I don't let him in. He said he will enter with the police assistance. Ok I will check consumeractiongroup for advise