CCS clampers

ronco1

Having been illegally clamped by a company going by the name of CCS, I pursued the matter in court and won the case. I sent the copy of the court Judgement to the aforementioned company and received no reply, it now seems that this company use the company initials to cover a number of companies, these companies use different connotations of the initials CCS for their name and only use accomodation addresses as company head offices, the only company phone for them is a mobile. I contacted my credit card company with absolutely no effect, their attitude was, if it was illegal I shouldnt have paid. (difficult not to with a steel boot round your wheel) I phoned the police and was told that it was not a police matter.
So although I have won the legal case there seems to be no way to reclaim my money, my credit card people say that the money was paid to a Birmingham address, where CCS seem to operate (my fine details listed a company in London with an accomodation address).

If anyone has any idea how to enforce the court judgement I would be very interested

taffy056

Did you take the landowner to court as well ? Also i'm sure can get further with charge back, don't take no for answer, there are more knowledgeable people on here who can help on that side of things.

Coupon-mad

Sorry but you really should have named the landowner or managing agent as well (whoever contracted the clampers), as is always advised on this forum and on pepipoo. You've sued a 'man of straw' rather than the one with the deep pockets who'd have had to have paid you. A firm with seizable assets is vulnerable when getting a CCJ as you can easily send a bailiff in.

However, you could send a very strongly-worded Letter before Action to the landowner or managing agent now - which might force them to pay you. Convince them that they will be next for Court if they don't ensure a full refund of the amount of the judgment is sent to you within seven days. Otherwise you will have no hesitation in instigating a second Court case as they are jointly and severally liable for the actions of their agent, which have already been proved in a Court to be unlawful.

I also think there's nothing at all to lose in now officially putting it in writing to the credit card company that you are claiming under section 75 of the Consumer Credit Act. You are too late for a 'chargeback' (and having used a PIN number the bank would argue against that) but you are not out of time for a section 75 claim, I don't think there's a limit except to put such a claim in within a reasonable time.

The CCJ shows that the payment was taken from your card unlawfully as the position was misrepresented (a judge agreed). State clearly that now you want the credit card company to pay the amount (under section 75 of the CCA due to misrepresentation/unlawful transaction) or you'll reserve the right to refer the matter to the Financial Ombudsman Service.

A referral to the FO costs a company a couple of hundred quid even if they are not at fault - banks HATE it & the waste of man hours involved, they avoid such complaints like the plague.

Next step, if the Bank refuse make sure you ask for their final word on the matter after escalating your complaint, so you can refer the matter to the FO. That costs you nothing
(I have an FO complaint in with the Ombudsman at the moment which was just a matter of downloading a form and sending off the paperwork & info). It takes months but the FO may find in your favour and can insist the Bank pay whatever is owed (plus interest and extra inconvenience money to their customer sometimes).

Your alternative would be to pay a Bailiff to enforce the debt. But it's notoriously difficult to pin a PPC down as you have found, many have wasted their money trying this, as reported on pepipoo forums:

http://forums.pepipoo.com/index.php?showforum=30

Post about your case on pepipoo as well, no reason why not as that's a more specialised forum where they have helped people get clamping money back. They can help tweak your Letter before Action so it reads strongly enough.

HTH