Baliff Help

sjharrington1

Hi

Sorry I have never posted before but am in a very difficult situation.

In December 2013 I sold my car to Car Giant and bought a new one. I sent all the paperwork off and that was it. In March 2014 I received a letter from Essex Police to say that the car had been caught speeding and was it me driving the car. There was a number on the letter but you could only ring between 10 - 2. I tried countless times but always got voicemail so just left messages saying it was not me. I did not hear anymore of it until December 31st 2014 where a Baliff arrived at my parents house at 6am to collect the debt. Luckily they had locked the porch door so just put the notice in the letter box. I contacted the Baliff and explained the situation and informed him I had moved.

I contacted the court and was told to go down the appeal route which we started and then I was told it would be best to do a stat declaration. In fairness I have been so busy at work that I did not get round to booking a date for the stat declaration. Anyway I arrived back from holiday on Wednesday to find my car has been clamped by Marston Baliffs. When I spoke to him he explained that the fine was still outstanding I completely understand as I had not the stat declaration so he has given me 7 days to sort however in the meantime I have found out that he can't actually clamp my car as it on finance but I spent all day trying to contact him and his company but no-one is returning my calls.

What I would like to find out is:

1. Should I have not been given more notice - i.e should I have not had a letter giving me 7 days notice
2. Am I right about the car and the finance
3. If I am right how can I get the clamp removed

HappyMJ

Ask the bailiff to do a HP check on your car. Your car must be on HP to be "on finance". Borrowing money from a bank to pay for the car doesn't count as "on finance".

If you've got a clamp on your car you need to be taking action now. I would seriously consider if it's worth taking the time off work to deal with this. If the car really is on HP the bailiff will remove the clamp at no charge to yourself.

I would be going to the court and speaking to the fines officer regarding this fine that you don't believe is yours and get that stat dec sorted. You won't be able to do that until Monday now.

sjharrington1

Hi thank you. The car is definitely on HP. I sent the Baliff the company name and the agreement number by text yesterday and left a voicemail but no response. The court side is in hand I spoke to them on Thursday and they are looking into the case.

HappyMJ

sjharrington1 wrote: »

Hi thank you. The car is definitely on HP. I sent the Baliff the company name and the agreement number by text yesterday and left a voicemail but no response. The court side is in hand I spoke to them on Thursday and they are looking into the case.

So now you're just waiting for them to get in contact with you? I'd be on the phone all day trying to get in contact with them on the number provided and any other number you can find on the internet. It's ruined your weekend but you did have an opportunity to sort this out in March 2014.

If they do tow your car they must return it as they didn't do a HP check which they should have done. Not too much to worry about.

sjharrington1

It is completely my fault I should have kept on top of it!!! Will just keep ringing thanks for your help!

Helenbb1

Hi...I had a Rossendales bailiff come to my house looking for my daughter, I photo' the letter and sent it, it is for an unpaid parking fine on the roadside in Sheffield. She rang them and they upset her by insisting that she pay £105 weekly for4 weeks. She has previously sent them an income expenditure form which they told her that she had completed incorrectly...it is on their system and they would send a further one out. This never arrived, instead a Baliff did.....I am assuming she has some rights here...she is willing to pay, but not on the plan they suggest....HELP.