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CSA bailiffs have taken my car! How do I complain?

cant-afford-it
Posts: 11 Forumite
Im not sure if this is the right place to be asking but I have been passed from pillar to post in trying to get my car back.
We returned from holiday and my car was gone from its parking bay, I called police but they said it’s a civil matter because the car has been towed by bailiffs. A neighbour said she saw two suited & booted men looking over my car and she called police. One of the men wheel clamped it then put a note through the door of the flat below before returning with a truck a few days later. A different neighbour called police again but they still did nothing. I called the police but they said they cant get involved because the car has been towed. I phoned the finance company who confirmed repayments are in order and they had not repossessed it. The flat below is empty so I asked the key holder to get the note. Its bailiffs for the Child Support Agency seizing my car and the former tenant is named it.
I dont know if its relevant, but we were in a brief relationship before he met someone from Canada on the internet and has since moved there, so Im not sure why they came after me. It could be that he frequently borrowed my car when he picked up his daughter and my son from school or collected his daughter from his ex.
I contacted my insurance company and they wont allow a claim because the police wont give a crime number, so I have hired another car on a credit card. The bailiff company wont get involved because I am not on their system and told me to contact the CSA. I told the CSA the tenant has moved so they put me through to enforcements but they just keep saying contact the bailiffs and saying data protection act.
The finance company says I am still liable for the repayments but said they will alert dealerships for anyone bringing the car in for new keys and immobiliser and will keep the car for me, but they stressed this could be a long wait.
Meanwhile, does the CSA have a person in charge? a minister? or other official? and what is the address I write to?
We returned from holiday and my car was gone from its parking bay, I called police but they said it’s a civil matter because the car has been towed by bailiffs. A neighbour said she saw two suited & booted men looking over my car and she called police. One of the men wheel clamped it then put a note through the door of the flat below before returning with a truck a few days later. A different neighbour called police again but they still did nothing. I called the police but they said they cant get involved because the car has been towed. I phoned the finance company who confirmed repayments are in order and they had not repossessed it. The flat below is empty so I asked the key holder to get the note. Its bailiffs for the Child Support Agency seizing my car and the former tenant is named it.
I dont know if its relevant, but we were in a brief relationship before he met someone from Canada on the internet and has since moved there, so Im not sure why they came after me. It could be that he frequently borrowed my car when he picked up his daughter and my son from school or collected his daughter from his ex.
I contacted my insurance company and they wont allow a claim because the police wont give a crime number, so I have hired another car on a credit card. The bailiff company wont get involved because I am not on their system and told me to contact the CSA. I told the CSA the tenant has moved so they put me through to enforcements but they just keep saying contact the bailiffs and saying data protection act.
The finance company says I am still liable for the repayments but said they will alert dealerships for anyone bringing the car in for new keys and immobiliser and will keep the car for me, but they stressed this could be a long wait.
Meanwhile, does the CSA have a person in charge? a minister? or other official? and what is the address I write to?
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Comments
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That's outrageous!
Surely the bailiffs have a duty to actually check that property belongs to the debtor before actually seizing it!
I also don't accept it's not a crime as the property has been taken by person or persons with the intent of 'permanently depriving' unlawfully.
The police seem more and more intent on not tackling bona fide crime nowadays ( I reported an attempted fraud on my online shop, repeated over a few days by someone with verifiable address and they wouldn't even class it as attempted fraud as no goods had been sent: what utter b*llocks.)
http://www.theyworkforyou.com/mp/maria_miller/basingstoke?gclid=CLz_0rjesqoCFUFP4QodvwpF-A
Maria Miller is the under secretary if this helps?
Good luck.Unless specifically stated all posts by me are my own considered opinion.
If you don't like my opinion feel free to respond with your own.0 -
The lady at the finance company said the same, but it might not be a requirement to HPI or DVLA check the car. The CAB said bailiffs can seize goods that appear "prima facie" to be the property of the debtor because he has previously driven the car.
I'll write to Maria Miller and hope she can work the problem quickly enough before my credit card limit runs out with my hire car.0 -
http://www.bailiffadviceonline.co.uk/
Give them a call i know its a premium rate number but the bailiffs will soon be dancing to your tuneI am not an expert I am self taught i have no legal training any information I post is based on my own personal experience and information gained from other web sites
If you are in any doubt please seek legal/expert advice help0 -
I would contact your own MP and copy in Maria Miller to anything written - you can get their details on line (google 'contact my MP' and you'll get the link). You should be able to contact someone working on behalf of your MP at his local office today. HOpe you get it sorted - do let us know what happens and you need some form of compensation for the costs you're forking out to hire a car to tide you over.
If only the CSA would put as much effort into chasing the RIGHT people, more of us would be happy bunnies!0 -
I have followed another line the CAB gave me and that was making an official complaint against the bailiff, that needed me to phone the bailiffs number on the document from the flat downstairs and ask which court the complaint is to be made at and he says he will let me have my car back.
The bailiff was rather rude and disputes my hire car costs because he calls it "betterment", but this is an insurance company term and there is no crime number to claim against.
The bailiff says he will phone again later today with directions on where I send the recovery service to collect my car. He got shirty saying something about not allowed to use a recovery service to fetch my car!!! Apparently its in North London!!!
I take it from the bailiffs approach that he has otherwise assumed liability for my costs when I havnt even asked for them yet because I dont know how much they are until I get the bill. Otherwise I dont actually know who is responsible for my costs.
I am writing to my MP today and I will cc Maria Miller.0 -
clearingout wrote: »If only the CSA would put as much effort into chasing the RIGHT people, more of us would be happy bunnies!
They probably do, but we dont get to hear about them because the problem is quietly solved.
My ex has never been a problem, he pays for school trips, holidays and bills and sports wear, the stuff I cant really afford on my own earnings. I know its not cash, but its roughly the material equivalent.0 -
1) the bailiff has removed a car not belonging to the debtor therefore no liability order in the name of the owner of car
the bailiff should return the car back to you in same condition as when he removed it (take photos)
2) stop speaking to them on the phone unless you can record the call bailiffs have very selective memory and will deny anything said thats not recorded or written down
3) You don't need to ask the bailiff what court he was certificated at you can do this yourself by checking
http://certificatedbailiffs.justice.gov.uk/CertificatedBailiffs/
or phoning the Ministry of Justice Public Register of bailiffson 020 3334 6355
4) certificated bailiff complaint is a form 4
http://www.hmcourts-service.gov.uk/courtfinder/forms/form4_0606.pdfI am not an expert I am self taught i have no legal training any information I post is based on my own personal experience and information gained from other web sites
If you are in any doubt please seek legal/expert advice help0 -
post your complaint on this forum (you will have to register but its a free site) head your post CSA bailiffs have taken my car not my debt
http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?168-Bailiffs-and-High-Court-Enforcement-OfficersI am not an expert I am self taught i have no legal training any information I post is based on my own personal experience and information gained from other web sites
If you are in any doubt please seek legal/expert advice help0 -
The flat below is empty so I asked the key holder to get the note. Its bailiffs for the Child Support Agency seizing my car and the former tenant is named it.
I would also suggest that if this property looks empty (no curtains up ECT) you take photograph's of this also
you will have an uphill struggle recovering any money from the bailiff unless you start gathering information now (recording calls etc) he is already playing you for a fool telling you to arrange and most likely pay for the return of your car (if you order the recovery vehicle you will have to pay for it)I am not an expert I am self taught i have no legal training any information I post is based on my own personal experience and information gained from other web sites
If you are in any doubt please seek legal/expert advice help0 -
I didnt know I could look up online for the court name, they printed a form for me to complete, I looked at the consumer group , what am I looking for? the bailiff said they dont return seized cars, I have to collect it,0
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