I have CCJ against company but the debt hasn't been paid

naedanger

Humminghorse23 wrote: »

But do I have a case?

Unfortunately I suspect your question is too difficult for this board, which is more for simple questions about consumer law e.g. if someone buys something that becomes faulty.

I suggest you speak to Citizen's Advice or perhaps the debt advice solicitor.

(PS I think you need to be clear about whether the car was yours or your partner's. Your post reads like you lied on a sworn statement - declaring your car was owned by your partner. I am not saying you did lie, just that it could easily be read that way.)

dacouch

http://bailiffadviceonline.co.uk/

harrys_dad

@Humminghorse23

I would suggest you repost as a new thread on the debt free wannabe board.

Bogalot

I am intelligent, angry and have little left to lose.

Part of this statement is very much open to debate!

cookie365

Humminghorse23 wrote: »

Hi there,

I hope I'm posting in the right place. Its not very clear...
This is complex, but I´ll try to keep it succinct.
I received a number of PCN's from Brighton and Hove City Council. All whilst working in one particular street. I do not dispute the PCN's themselves, I know thats a lost cause. However..
The PCN's were passed very quickly on to Excel Enforcement. An enforcement agency based in wales. (why they use an enforcement company based in essentially a different country is beyond me) So I received repeated visits from Welsh Bailiffs demanding money for one of the PCN's (which had by this point exponentially increased, from £105 to over £500)
Now I was unable to pay it and knew my rights to a certain extent in dealing with Bailiffs.
But because its connected to a vehicle, they can essentially find, clamp and seize that vehicle to cover the debt. Wherever it is..
Now I tried and tried to contact the council themselves to organise either a payment schedule, or to consolidate the PCN's but they are uncontactable. They explicitly state that they will not discuss PCNs by phone or in person. They're only response to letters are standard responses, and will never address a specific issue.
So they came, they clamped. and called for the truck to take my vehicle away.
-I immediately contacted a debt advice solicitor and he instructed me to make a sworn declaration that the vehicle did not in fact belong to me, but to my partner. So this was immediately done. (in front of a local solicitor, all whilst the Bailiff waited for the truck)
This was duly ignored by the bailiff on instruction of his boss
-I called the police to declare my car was being illegally seized
They came, and very nicely said they couldn't get involved in a civil matter (but filmed everything)
-I also discovered that legally, if an item essential to your employment is worth no more than £1350 they cannot legally seize it.
They assumed it was worth more and took it anyway.

In the end, after unsuccessful wrangling between the lacklustre debt advice solicitor, the enforcement agent and Brighton and Hove city council, my car was sold at auction, for £1100. to cover a single parking ticket. they are supposed to reimburse you any extra money made, but the total cost, bailiffs charges, collection charges, auctioneers charges, storage fees etc came to the STAGGERINGLY COINCIDENTAL sum of £1104. They didn't bill me the £4 bless them..

I happened to research the market value of the vehicle, and it was £1200 in good mechanical and cosmetic condition. It was not in good cosmetic condition, and theres a pretty comprehensive inspection report of the vehicle filed away at eastbourne vehicle auctions which would prove this to be the case. Essentially the point is, it was definitely not worth more than £1350.

So as to whether it was essential to my employment as a self employed carpenter: Since its sale my income has dramatically fallen, and provably so. To the extent that I am now applying for personal insolvency and unable to keep up with other payments. My Credit rating is and will plummet, and I cannot afford to buy a replacement vehicle.. Essentially I´m stuffed.

Never mind the other 12 parking tickets, which they refused to consolidate. This was as a result of one.
I am a separated father of two kids, I have 50% responsibility for them. I receive no benefits or tax credits, and my girlfriend has zero income and suffers from anxiety.

I would like to take the council to court for illegal seizure of the vehicle, reimburse me its full market value and compensate me for 6 months of lost earnings. Then arrange for any outstanding PCN's to be written off, or at the very least, returned to their original sum, consolidated, and a suitable payment arrangement to be made, directly to the authority.

I am intelligent, angry and have little left to lose. But do I have a case?

Thanks!

Since this was your partner's car, none of it is anything to do with you. So you have no case, no.

Humminghorse23

Helpful, thanks.

shaun_from_Africa

Humminghorse23 wrote: »

my car was sold at auction, for £1100.
I happened to research the market value of the vehicle, and it was £1200 in good mechanical and cosmetic condition. It was not in good cosmetic condition, and theres a pretty comprehensive inspection report of the vehicle filed away at eastbourne vehicle auctions which would prove this to be the case. Essentially the point is, it was definitely not worth more than £1350.

The figures you quoted disagree.
Generally, cars sold at auction realise far less than forecourt or private sales so if the vehicle sold at auction for £1100, this would imply that the book price for it would be at least £1350 and probably more.

Humminghorse23

Hi Bogalot,

I came onto this forum because I am in a difficult situation. I was open and honest about it, and my mistakes. If all you can contribute is a snide remark which offers nothing at all except to perhaps amuse yourself and boost your ego then I suggest you think about the old saying, "if you have nothing useful to say, say nothing at all"

I will now probably withdraw from the forum because my vulnerability was met with an insult. You can take responsibility for changing something I hoped would help me into something which has done the opposite.

Humminghorse23

Hi shaun,

Yes I do see your point, and I was surprised by the sale price at auction. I expected it to be lower. However the mileage was high, and as I said, the cosmetic condition was poor.
Also, I was offered a couple of weeks prior to its seizure; £1200 by "we buy any car" under the assumption it was in good cosmetic decision.
The question is whether all this would be taken into account, in court, when it came to determining the value of the car. I would have thought so..?
Either way, its a fine line, hence my reaching out for opinion!

Thanks

macman

The price you are offered by WBAC online will always be reduced sharply once they have actually seen it-so an offer of £1.200 would probably be reduced to £1,000 anyway.
If you are insolvent, how exactly do you intend to finance this civil action, and how will you pay the costs (for both parties) if you lose?