DCBL Have taken my car. Please help!

[sara031204]

Thank you. The court staff told me the hearing on 2nd of July is about the actual debt (mobile phone company) not my application to set aside etc?

[zeke]

It is highly irregular for the High Court to trial the original claim.

When a stay application is granted, the High Court jurisdiction over the claim ends. The claim is always re-tried at the defendants home county court.

When a judgment is transferred up to the High Court, only the enforcement action is being transferred.

[sara031204]

No sorry maybe I haven't explained properly. I applied at my local county court not the high court. The district judge at the county court has made the order today and set the hearing date.

[zeke]

This is going to be interesting. If a county court sets aside the judgment, how does that leave the writ?

If the enforcement power under the writ is revoked when the judgment is set aside, then we no longer need to apply to the High Court to stay the writ.

I will be following your progress.

[sara031204]

Well I don't understand it at all ha ha. All I know is the court has said everything has been suspended. Maybe when I get the order tomorrow it might make more sense to us all.

[zeke]

I didn't know a county court has jurisdiction over High Court writs.

Lets see what comes of it.

[sara031204]

Yes learning curve for everyone. I will let you know more tomorrow when I get the order. Thank you.

[Michelle]

Thank you. The court staff told me the hearing on 2nd of July is about the actual debt (mobile phone company) not my application to set aside etc?

I assume the hearing will be to determine your application to set aside the judgment, which is related to the actual debt. For example, it could be that they were wrong to impose those charges, or the amount claimed was much higher than the amount owed, etc. in which case, had you received the claim, you would have had grounds to defend the claim.

[sara031204]

Thanks Michelle, I did put on my application that the fees they are charging were unjustified. The ccj amount was for £2500 and I only had 7-8 months left on the contract. I also informed the court that I had not received the initial claim therefore unable to defend myself

[zeke]

There is a procedure, called a detailed assessment hearing if you want to question the fees.

http://nationalbailiffadvice.uk/Disputi ... Court.html

[sara031204]

Hi all, this is the wording of the court order I am in receipt of. I've sent it to dcbl and they had great delight in telling me that the judgment isn't set aside so although they have confirmed they will not sell the car they are still refusing to give it back.

-
1. This case has been listed to take place on Monday 2nd July 2018 at 11:00am at the County Court at Crewe.
2. Execution of the warrant of Control be suspended pending determination of the defendants application to
set aside the judgment.
3. Any party affected by the terms of this order may apply to have it set aside, varied or stayed on or before
28th June 2018.

[Syd Snitkin]

Sadly yes, they're correct. Have you got everything ready for the court date? It's prudent to go everything a few times. Is Crewe CC ok for you?

[sara031204]

I need to know exactly what I need to take, what will they be asking for etc. Yes Crewe is fine for me. Thanks

[zeke]

they have confirmed they will not sell the car they are still refusing to give it back.

You must give DCBL an opportunity to return the car pending the suspension of the enforcement power.

Regulation 6(1)(c) says any enforcement power the property in goods of the debtor ceases to be bound when the power ceases to be exercisable for any reason.

If DCBL refuses to release the car, then liability is established and you bring an action for damages if the court makes a permanent stop on the enforcement power.

Send it by email, and take a screenshot of the sent email as evidence of the time you made the request to return your car.

• Email Subject:
  RE: Taking of [MAKE MODEL] registration [AB12 3CD]: Claim [CLAIM NUMBER]
  
  
  Email Body:
  On [DATE] your enforcement agent took control of my vehicle regarding an unpaid debt. Please be informed that on [DATE] the court has made an order suspending the enforcement power. Consequently, provision 6 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 states that "any goods ceases to be bound when the power ceases to be exercisable for any reason". Please return the vehicle to me today, otherwise, should my subsequent application to stop the enforcement succeed, you along with your client may be liable for damages for deprivation of its use, which continue on a daily basis, together with my costs of the claim on an indemnity basis.

[sara031204]

If it ceases to be bound can i just go and get it? I know they won't return it, they have been awful with me in every single way

[zeke]

You must ask the bailiff company by email and keep a screenshot of the sent email showing the time it was given.

When bringing a claim, you must show evidence to the court that you asked the bailiff company to return the vehicle. Their refusal to comply creates the liability for damages and your indemnity costs.

[sara031204]

Ok thank you, i will send the email to them.

[sara031204]

Hi, so.... sent the email last night so they had it first thing this morning and guess what?? No reply!

[sara031204]

Hi, hope you are all well. Just providing an update. I never received a response from the above email Nigel advised me to send. I did have an email from a member saying that Nigel's advice was incorrect and that the enforcement hadn't ceased just been suspended etc so maybe that is why they ignored me. Anyway... after a long and stressful week, preparing documents etc. Myself and my partner appeared in court yesterday morning. To cut a long story short, it appears that DCBL have been giving the creditor legal advise and assistance as the creditors solicitor confirmed in court yesterday that DCBL had advised him that this matter could not be dealt with in the county court and it had to be high court! The district judge looked through his book as I believe he genuinely wanted to resolve this matter and he apologised to me as sadly he couldn't. The case had to be adjourned and is now being transferred to Manchester high court... more waiting! Both the creditor and dcbl have had statements regarding my ill health and a doctor's letter has been provided within my witness statement. Obviously someone's health doesn't matter to them as I have stated in my witness statement that all this has made my health deteriorate more, i don't know how they sleep at night. The judge questioned why this hadnt been mentioned earlier and the creditors solicitor said it was because of the short notice of the hearing, claiming he didn't receive the order until last week. I did make the judge aware that this was not at all correct as the date the order was issued, the court emailed it to me and I sent a copy to both dcbl and the creditor. Dcbl confirmed receipt of it but the creditor didn't. I have sent 3 or 4 emails to the creditors legal department but all have been ignored. I have asked for the documents that were put forward for my initial credit check as they were not enclosed with the witness statement (this is where they have used letterheaded documents from my business which they created theirselves, in order to pass credit) I received no response to that email nor was I provided with the documents yesterday. The other surprising event was that the judge received another witness statement from dcbl I think from the operations director just 20 minutes before the hearing. I was not given a copy of this at court yesterday so I have no idea what it contains. I have to wonder what right do dcbl have to interfere with this hearing? They are a third party debt collectors and nothing to do with the debt as the agent informed me when he came out he said 'I don't know what it's about but I'm here to enforce the writ not argue about the debt' Finally the judge explained that the enforcement action is still suspended and he would draw up an order to transfer it to Manchester. The other parties solicitor made some comment about court fees and all I remember the judge saying is 'it's certainly not the defendants fault' so I assume they were trying to lumber me with yet more fees. My partner explained that he was concerned that the vehicle has been left for almost a month in dcbls open car park and that it should have been stored in a secure compound and requested it to be removed and stored appropriately. The solicitor said he would 'ask' dcbl, my boyfriend followed up that request with an email to the case manager at dcbl yesterday afternoon and yet again he's been ignored. Surely they have a duty to safeguard someone's property when the ownership is in dispute with them? I look forward to any replies.

[zeke]

Hi, hope you are all well. Just providing an update. I never received a response from the above email Nigel advised me to send. I did have an email from a member saying that Nigel's advice was incorrect and that the enforcement hadn't ceased just been suspended etc so maybe that is why they ignored me.

Can you send me a copy of that email, including the sender?

Surely they have a duty to safeguard someone's property when the ownership is in dispute with them? I look forward to any replies.

The law says the bailiff is liable for the care of controlled goods. Here is what you do to report damage to a vehicle on release by a bailiff: http://www.nationalbailiffadvice.uk/Att ... pound.html

[Syd Snitkin]

Can you send me a copy of that email, including the sender?

Obviously someone who has access to the email address - unless sara means a PM?

[zeke]

Would still like to see it.

Remember, it was four years ago a certain individual's BT internet account was restricted for spamming a DWB comments page with troll posts, and two years later he was named after being caught making silent calls to my landline number.

I wager there is a connection. If it's not Sheila Harding, then it's the chimp because he was named as the silent caller and troll poster.

[sara031204]

No sorry I was sent an email by someone else that read the posts on here telling me the information was wrong and not to send dcbl the email but I had already done it. I really don't want to name names as it would be unfair and I don't want to cause any trouble. I am just thankful of this forum as I have no solicitor and any help i receive is much appreciated.

[zeke]

It was probably anonymous, a gmail or hotmail. We know who the individual is. Peter Bardsley is his real name. Long term unemployed (and probably unemployable) from Stalybridge. He spends his handouts on his website discrediting this board. Bailiffhelpforumarewrongagain.com i get complaints about him all the time.

How did he get your email address?

[sara031204]

I don't actually know. I think I put my details on another website in the beginning and it's come from that.

[zeke]

We know who it is.

She was banned from this forum for making inflammatory comments and insulting members. Then running a vendetta against members of this forum including myself for several years now. An obsession beyond comprehension. We think mental health issues might be the cause. A client who she unwittingly contacted in secret slating me off, said she came across as having OCD.

Looking at his website and its domain name, bailiffhelpforumarewrongagain.com, a client said he did not need his medical qualifications to figure he is mentally backward.

[Syd Snitkin]

I don't actually know. I think I put my details on another website in the beginning and it's come from that.

Do you mean you posted your email in a public post or used it to sign up to another forum?

[sara031204]

I signed up in a couple of different places when all this first happened. I can't remember where. We were just desperate for help.
Any advice for the high court hearing? Is it much different than the county court I attended etc?

[zeke]

High court masters is like seeing the judge in his chambers.

[sara031204]

Hi everyone, long time no speak thought i should update you all and again i need some advice... I went to court on the 2 July, the claimants solicitor smuggly informed the judge that due to the fact enforcement action had begun the case couldn't be heard in the county court hence it was transferred to the high court in Manchester. My hearing was last week and I'm pleased to say I got the judgement set aside I now have 14 days to file my initial defence. The thing I'm not happy about is the judge ordered that I have to pay costs and the claimant is demanding £4200 from me! They then proceeded to tell me that dcbl can keep the car and sell it to cover the costs, I immediately knew they were trying it on and that they couldn't do that as the judgement was set aside therefore the writ ceased to be enforceable. I informed him of that and also gave them 1 hours notice to remove the clamp etc. They backed down and we went and collected the car however the car has damage to the bodywork and diagnostic lights everywhere! I have informed dcbl by email who chose to ignore me so I sent another email yesterday asking about their claims procedure (they have previously informed me that they have insurance to cover damages, as i informed them weeks ago about the damage to my driveway) anyway the email I have received today just says they are unable to help me and I should seek legal advice! Bunch of cowboys they are!
Can anyone advise me on 1. Disputing the court costs and 2. Claiming for the damages to the vehicle.
Many thanks.

[zeke]

Disputing costs is by having a detailed assessment. Its similar to having a detailed assessment of bailiffs fees.

To claim damage to the vehicle, you must report the damage to the bailiff company and the creditor as soon as you have the vehicle. That includes non-physical damage such as steering, gearbox and suspension damage. Here is how to claim damages to a car from a bailiffs pound.

It is rather odd you were ordered to pay the costs of a stay application when you were given the stay. You may have to use the car and driveway damage to recoup the money. This is claimed in the small claims court.

[sara031204]

Thank you Nigel