Elliot Davies high court enforcement

[Ddevo]

I’m looking for some advice desperately on behalf of a family member. He was issued numerous parking tickets for parking in a private car park across the road from his flat (no parking available rented property). This went on for some time and he was then sent information regarding a ccj etc. Next thing he knew was a high court enforcement agent at his door on
20/11/2019 he did not answer the door and went down to his work van in the car park which the baliff had clamped. They told him that he needed to pay to remove the clamp. He gave them £1200 in cash, did not get any form of receipt or paperwork for the visit. The agent advised that he owed £4800 and that they would be back to get the rest.

The baliff came back on 16/1/2020 and clamped the van again- my brother did not know anything about this as he didnt go down to his van until 17/1/2020. At which point he called the police as the van had gone, they advised it had been taken by enforcement and to contact them. My brother then proceeded to contact Elliot Davies on the next working day who provided him with all the paperwork via email regarding this visit and removal. They also gave him the bailiffs phone number to contact regarding the matter. The baliff still to this day has not answered his phone or texts to my brother.

My brother put a complaint in via email which was acknowledged on 23/1/2020. He recieved a notice of sale on 31/1/2020 advising to make payment by 7/2/2020 or van would be sold at auction. The auction details were not provided and state tbc.

He put in another complaint on 17/2/2020 as he heard nothing from Elliot Davies or baliff and they have responded today disputing the money that was given over and that the van was sold at auction between 12-14th of feb. They failed to advise the auction date in advance and he has not received any information regarding the sale since it has been sold.

Please can someone help we don’t know where else to go with this now

[zeke]

I’m looking for some advice desperately on behalf of a family member. He was issued numerous parking tickets for parking in a private car park across the road from his flat (no parking available rented property). This went on for some time and he was then sent information regarding a ccj etc. Next thing he knew was a high court enforcement agent at his door on 20/11/2019 he did not answer the door and went down to his work van in the car park which the baliff had clamped.

Is the car park owned by the council, or is it a privately owned one? such as a supermarket or a private block of flats?

The bailiff can only clamp a car on land where the debtor lives or carries on a business - or on any highway.

They told him that he needed to pay to remove the clamp. He gave them £1200 in cash, did not get any form of receipt or paperwork for the visit.

Not getting a receipt, the bailiff can now lie about ever taking the cash and there is no comeback.

The agent advised that he owed £4800 and that they would be back to get the rest.

Ask for an explanation of fees.

There is a good chance the bailiff has overcharged you.

We can do the arithmetic and see how much you have been overcharged.

The baliff came back on 16/1/2020 and clamped the van again- my brother did not know anything about this as he didnt go down to his van until 17/1/2020. At which point he called the police as the van had gone, they advised it had been taken by enforcement and to contact them.

The bailiff should have given a Notice to the debtor when he took the van. Regulation 16(3) of the Taking Control of Goods Regulations 2013.

My brother then proceeded to contact Elliot Davies on the next working day who provided him with all the paperwork via email regarding this visit and removal. They also gave him the bailiffs phone number to contact regarding the matter. The baliff still to this day has not answered his phone or texts to my brother.

My brother put a complaint in via email which was acknowledged on 23/1/2020.

Complaining to a bailiff company is a waste of time.

He recieved a notice of sale on 31/1/2020 advising to make payment by 7/2/2020 or van would be sold at auction. The auction details were not provided and state tbc.

The details of the auction must be on the Notice given to the debtor when removing it. Regulation 18(4) of the Taking Control of Goods Regulations 2013.

If the place of sale has changed then it's regulation 39(3) of the Taking Control of Goods Regulations 2013.

He put in another complaint on 17/2/2020 as he heard nothing from Elliot Davies or baliff and they have responded today disputing the money that was given over and that the van was sold at auction between 12-14th of feb.

Stop making complaints to the bailiff company. You are wasting your time.

They failed to advise the auction date in advance and he has not received any information regarding the sale since it has been sold.

Please can someone help we don’t know where else to go with this now

You can still claim damages even if the van is sold.

The court can even undo the sale.

Run this checklist to see where else the enforcement has been non-compliant.

https://www.nationalbailiffadvice.uk/Ba ... Sheet.html