DCBL Have taken my car. Please help!

[sara031204]

Can anyone advise me. DCBL turned up at 7 this morning banging aggressively on my door repeatedly! He then posted a notice after entry or taking control of goods notice and a copy of the writ. 2 hours later a tow truck arrives and they start taking my car. I went outside explained I haven't got any money and I didn't agree with the debt. They carried on taking my car, I told them that the car wasn't in my name anymore but they wouldn't listen. Therefore I have lost my car including private reg for a mobile phone contract which I had for 2 years and paid £85 per month each and every month for 2 years. I came out of the contract a year early as I could not afford the payments any longer. The cheeky phone company wanted £2500 off me to get me out of the contract. I couldn't pay that so i just walked away from it. A year later this is where I am. I don't think the company stuck to their side of the deal either as they were supposed to buy me out of my Vodafone contract but never did as I have had debt letters from Vodafone. Is there anyway I can set aside this writ or have this mobile phone contract made void? I just need my car back, I'm now car less with young children to get to school etc.

[Syd Snitkin]

Before any of this happened, you would have been taken to court and a CCJ granted. Do you have any correspondance from the phone company, debt collectors, the court or DCBL before they took the car?

If you had only a year left on the contract, what reason did the phone company give for demanding £2500?

[sara031204]

I have had letters off them threatening legal action. I haven't had any paperwork from the court or DCBL. The £2500 was to buy myself out of the last years contract. I had already paid them over £2000 in monthly payments! Obviously a rip off company.

[Syd Snitkin]

You're going to need to do some digging to get as much info as possible, most likely by contacting the number on the letters threatening action. You need to know who exactly took you to court and which court. You need copies of the contract, the default notice, a statement of the account and if the debt was sold on, the details of the purchaser.

You can then apply for a set aside (cancelling the CCJ) on the grounds that you were unaware of the action plus you dispute the amount claimed. Alternatively you can apply for a stay and variation to allow you to repay at an affordable rate.

How much do DCBL now say you owe and what is your car worth?

[sara031204]

This sounds complicated.

The first notice said £3800 and then they posted another after taking my car saying £4500 they have said £3700 estimated value on their paperwork.

When I first took the contract out it was in my name but t/a my company name. I had no letterheads or any business documentation at all and the man said don't worry I will sort something and he created a letterhead in my business name and used that to get it through the credit check! Surely this is a breach?

[Syd Snitkin]

Ok, then you need to get all the info as I said earlier and get the CCJ set aside. The original contract is important - personally, I've never come across a mobile contract that runs for 3 years, so you need to check it. It may have been sent by email at the time.

The £2500 settlement for the final year makes no justifiable sense and it needs to be established why it's so high.

You can also check for any CCJs registered against you here > https://www.trustonline.org.uk/search-yourself There is a fee to pay, I think it's about £6 at the mo.

[sara031204]

They have tried to trick me without a doubt as I can remember him saying "it's an 18 month review & upgrade period, most other companies are 2 years" he said it several times. On the contract it says it in big capital letters then in small print it says term 36 months!
How do I apply to the court? And what are my chances of getting this set aside?

[Syd Snitkin]

You need to find out which court first. If you want to set aside (cancel) the judgement, then it's form N244. If you want to stay and vary the claim (return it from the bailiff to arrange affordable payments) then it's form N245. More info here > https://www.gov.uk/county-court-judgments-ccj-for-debt

Can you upload a copy of the contract, removing any personal details?

You mentioned that the car is not in your name - can you expand on that? Who is the legal owner of the car? When did it change ownership? Who is insured to drive it? If it genuinely does not belong to you then a third party interpleader claim can be made by the owner to return the car.

The £2500 will need explaining to the court, so you need to read over the contract carefully. There are a lot of hoops that they must jump through before taking you to court. Member Michelle on here is the best for contract debts but she usually stops by in the evening.

[sara031204]

Ok I will try and find the contract I signed and upload it later on. Thanks for your help.

[zeke]

See if any of these apply to you.

http://www.nationalbailiffadvice.uk/Sto ... -HCEO.html

A detailed assessment usually offloads DCBL plenty of money.

[Syd Snitkin]

Rather than deleting the post and saying 'dealt with it', it would've been better to reply on here and explain how it was dealt with. No need for censorship is there?

[sara031204]

Rather than deleting the post and saying 'dealt with it', it would've been better to reply on here and explain how it was dealt with. No need for censorship is there?

Are you talking to me?

[Syd Snitkin]

No, to Nigel. Making himself look daft again. He's his own worst enemy.

Did he finally make contact with you?

[sara031204]

Ahh I see. Messed me about something wrotten. Just received an email off him saying he will refund me and apparently it's my fault he can't help me because I posted it on here and dcbl and the courts read this forum

[Syd Snitkin]

What else were you going to post about - remedies for piles?

Did you track down which court the claim came from, and who actually made the claim? Are you any further forward?

[sara031204]

Remedies for piles yes thank you. I have done a lot of research and had some 'good' advice. Applied to have it stayed and set aside as clauses in the contract, creditor in breach of contract plus I never received a claim form from the court just the judgment.

[Syd Snitkin]

What about your car?

[zeke]

I cannot take on this case because the client asked for a refund and I have given it. Following the guidance of the SRA Handbook, no solicitor will look at any client's case where the client asks for a refund and I have to declare it to the solicitor.

Sara has a claim on several fronts, among other things, a detailed assessment and an application to recover the car. As I am no longer referring the claim and provided Sara is happy, we can assist with free help on this board, or she is free to approach a solicitor of her own choice.

[sara031204]

I asked for a refund because I spoke with you briefly on Tuesday in which you told me your internet was down and you had to seek advice from a colleague. You told me you would phone back in 10 minutes, I heard nothing from you. I called you the following day and you told me you would get back to me later that day when your colleague had finished in court. I still heard nothing until I posted on here last night. I asked for urgent assistance and you failed to help me im afraid.

[zeke]

I can only apologise for that. It has been exceptionally busy and without internet, I am limited to using a mobile device for communication. All has been restored. I am sorry if I cannot help you but once a client asks for a refund, I am required to stand down.

If anyone puts a question to me, and I am not 100% sure of the answer, then I am required to seek advice from a colleague or get a counsel opinion. There is no such thing as having a definitive knowledge of enforcement regulations, and most cases I prepare are represented at court by solicitors and counsel, so I call on them from their input before making a referral.

[sara031204]

What about your car?

Hi, is there anyway I can private message you?

[sara031204]

I can only apologise for that. It has been exceptionally busy and without internet, I am limited to using a mobile device for communication. All has been restored. I am sorry if I cannot help you but once a client asks for a refund, I am required to stand down.

If anyone puts a question to me, and I am not 100% sure of the answer, then I am required to seek advice from a colleague or get a counsel opinion. There is no such thing as having a definitive knowledge of enforcement regulations, and most cases I prepare are represented at court by solicitors and counsel, so I call on them from their input before making a referral.

Refund received. Thank you.

[sara031204]

Hello? Is there anybody here to advise?

[zeke]

Apply to stay the writ and transfer the claim back to your home county court and defend the original judgment.

You will have to travel to London unless you can get legal representation. It is rare for a High Court master to give you costs in staying the execution of a writ unless you can show the claimant committed an abuse of process under CPR 3.4. You claim court fee remission by completing a form EX160 income and expenditure along with your form N244 application.

This article explains how it is done: http://nationalbailiffadvice.uk/Stay-Hi ... gment.html

When you have your car back, make a claim for damages because it is certain that it will be interfered with. Only this week, a client's car, a Porsche SUV recovered under court order from a bailiff company was collected by the manufacturer dealership that originally supplied it, and while making the inspection report found that, among other things, the engine number is from another vehicle.

Let us know how the application goes, and we can help claim damages.

[sara031204]

I have applied and it's been transferred to my local court. The local court told me proceedings should be put on hold now an application has been made but the agents are refusing to put anything on hold. I have noticed a glitch on the notice of entry or taking control of goods letter they put through my door and it doesn't comply with legislation as well as not sending me the initial enforcement notice. According to all information because of this they have illegally clamped and seized my vehicle. A purchase receipt from the garage has been sent to them as that's what they asked for, now they are saying that that isn't proof of ownership. I've spoken to the DVLA and they have confirmed that they will not issue a v5 to any applicant without speaking to us first and they have said that the car shouldn't be sold as v5s are not proof of ownership only a receipt is. What date should be on the notice of entry letter? Surely the date they seized goods. How can they get away with any of these wrong doings?

[zeke]

I have applied and it's been transferred to my local court. The local court told me proceedings should be put on hold now an application has been made but the agents are refusing to put anything on hold.

Send an email to drw@dcbltd.com complaints@dcbltd.com

Ref: [CLAIM NUMBER] taking of vehicle [MAKE MODEL REGISTRATION] The enforcement power has been suspended by the court pending a hearing at the country court. In order to protect the creditors liability for the loss of use of my vehicle, please return it to me within 24 hours

Take a screenshot of the sent email because you must prove you gave the bailiff company an opportunity to limit damages for the unlawful deprivation of the use of the vehicle.

Damages are wide-ranging. This article explains: http://nationalbailiffadvice.uk/Attendi ... pound.html

I have noticed a glitch on the notice of entry or taking control of goods letter they put through my door and it doesn't comply with legislation as well as not sending me the initial enforcement notice.

If you were not given a notice of enforcement, then have a detailed assessment and include evidence of non-compliance. http://nationalbailiffadvice.uk/Disputi ... Court.html

According to all information because of this they have illegally clamped and seized my vehicle. A purchase receipt from the garage has been sent to them as that's what they asked for, now they are saying that that isn't proof of ownership.

You describe an interpleader claim, an owner of seized goods for someone else's debt, or exempt goods can make a claim: http://nationalbailiffadvice.uk/Interpl ... Goods.html

Can you say whether ownership is in dispute?

I've spoken to the DVLA and they have confirmed that they will not issue a v5 to any applicant without speaking to us first and they have said that the car shouldn't be sold as v5s are not proof of ownership only a receipt is. What date should be on the notice of entry letter? Surely the date they seized goods. How can they get away with any of these wrong doings?

[sara031204]

Ownership is not in dispute only they are disputing it. The garage has phoned them and confirmed it was sold on date, and to who.
The notice of entry was left blank and it did not list what goods were seized, no signature from the officer either and the date is the 22.05.18??

[zeke]

The Notice after entry counts for nothing and without a notice of enforcement, the creditor is liable for all your losses on an indemnity basis.

If you urgently need the car then apply for an injunction under paragraph 66 of Schedule 12 of the Tribunal's Courts and Enforcement Act 2007 and include a claim form for your damages.

[sara031204]

Do you have a link to the form?

[Syd Snitkin]

What about your car?

Hi, is there anyway I can private message you?

You can use the speech bubble to the right, but if you want more privacy you can ask Amy to move the thread to the member's board.

[zeke]

Do you have a link to the form?

Which one?

[John The Baptist]

Just for clarity, if the car was on your premises when it was taken, the bailiff CANNOT continue to enforce. (Regulation 24(2) of the Taking Control of Goods Regulations 2013).

If the car was taken from the highway (roadside) AND it fails to meet the amount outstanding when sold at auction, the bailiff can continue to enforce for the balance but you are under no obligation to grant permission to the bailiff to enter your home.

Moral of the story: You wouldn't approach a solicitor to buy your newspaper so don't approach your newsagent to obtain legal advice.

[zeke]

Welcome back. I thought Equador had detained you. Julian Assange can walk free if he wants.

[sara031204]

Hi all, firstly thank you to everyone for your advice and support. I have heard from the court earlier that my application was successful and the judge has ordered everything to be suspended, so those dcbl horrors cannot sell the car. The court are emailing the order to me tomorrow once it has been typed up and I will then toward it to dcbl.and the creditor. The judge has set a hearing for the 2nd of July. Can anybody tell me what will be happening/what to expect at the hearing? I have never been through this before. Many thanks.

[zeke]

The judge has made a temporary stay of execution and on 2 July the court will decide the outcome of your application.

If your application is successful, then apply for your costs and damages.

You will then have to collect it from the bailiff's vehicle compound: follow this procedure: http://www.nationalbailiffadvice.uk/Att ... pound.html