Hi
My car got towed by Newlyn on Saturday and I’ve been back and fourth with them as they have asked me for proof of purchase and transfer of money which I don’t have. I have requested to get my belongings from the car and they have said I’m unable to do this until I have transferred what they have asked me for. Are they allowed to keep my property? And sell it with the car at auction?
Thanks in advance
Car been towed by Newlyn but they won’t let me remove the content
Re: Car been towed by Newlyn but they won’t let me remove the content
If the debt is owed by a previous keeper, then you make an Interpleader Claim.
If you paid cash from a friend then its very difficult to prove the car is owned by you. A court would want to see evidence of sale, these include.
Advertisement of sale,
Flow of money to seller
Taking insurance
V5 green slip
Bill of sale
It helps to give a screenshot of getting the car taxed.
The content goes with the car. I’ll give an extreme example, also involving Newlyn.
A Mercedes was taken by Newlyn, but it wasn't the car the client was concerned about, it was recording equipment and master copies of his music in the car.
Cut a long story short, Newlyn was not forthcoming with returning his exempt gear inside the car, and they made excessive comments about "costs", so he realised that money was more important to Newlyn, he decided to hit them where it hurts. In the pocket.
He brought a litigation claim against Newlyn knowing they will flush over £30,000 down the toilet regardless of the outcome.
As expected, Newlyn defended the claim, and they ordered the client to pay over £30,000 costs.
The principle was he did not want Newlyn to profit from the loss of his gear and by landing them a £30,000 debt ensures it negates any profit.
In your case, If Newlyn sells the car, then it will include the content. If you want to find your car, they sell them on eBay through a scrapyard business in Nazeing: https://www.ebay.co.uk/str/a1environmentalltd and the location (which should be on the notice when the bailiff took the car) of their scrapyard is: A1 Environmental Ltd, Meadgate Road Nazeing WALTHAM ABBEY EN9 2PD
Newlyn has a well-known solicitor whose trademark angry letters are found on the internet. His approach to litigants is to accuse them of being wholly vexatious, scurrilous and sometimes say their action is blackmail. His Modus operandi also includes ad-hominem attacks against litigants and goes on about costs.
Unless you have the strongest of interpleader claims, your only remedy is to buy the car back through eBay and see what the seller can offer you in recompense.
If you pay the debt to get the car, then Newlyn has accepted that you are the owner of the car. You can sue under section 3 of the Torts (Interference with Goods) Act 1977. Your claim will be frustrated by Newlyns solicitor, who prefers obstruction than construction. That was well demonstrated in the Jerome Rodgers case involving Newlyn illegally multiplying the enforcement stage fee contributing to the debtor's suicide.
You must NOT SIGN ANY DOCUMENT given to you by Newlyn, the scrapyard company, or enter into a non-disclosure agreement unless they lodge money in your account.
If you are the debtor named on the warrant, and they charge more than £11 a day to store the car, you can bring a detailed assessment hearing. That recovers some money taken and lands the bailiff company the legal bill for your costs, but you wouldn't gain from that other than the difference in the money taken and £11 per day storage fees.
If you can tell me more about the circumstances you bought the car, I can look into whether if I can strengthen your interpleader claim and refer you to a solicitor to represent you at court.
If the content is all you want back, then you can interplead the content.
The closest I have done for a client is interpleader claiming his ham radio gear installed in a towing caravan that was taken from outside a property. It was a mobile amateur radio station. The client succeeded with his claim on the basis of his radio license, call sign and photographs of him using the equipment. He made no effort interpleading the caravan itself.
If you paid cash from a friend then its very difficult to prove the car is owned by you. A court would want to see evidence of sale, these include.
Advertisement of sale,
Flow of money to seller
Taking insurance
V5 green slip
Bill of sale
It helps to give a screenshot of getting the car taxed.
The content goes with the car. I’ll give an extreme example, also involving Newlyn.
A Mercedes was taken by Newlyn, but it wasn't the car the client was concerned about, it was recording equipment and master copies of his music in the car.
Cut a long story short, Newlyn was not forthcoming with returning his exempt gear inside the car, and they made excessive comments about "costs", so he realised that money was more important to Newlyn, he decided to hit them where it hurts. In the pocket.
He brought a litigation claim against Newlyn knowing they will flush over £30,000 down the toilet regardless of the outcome.
As expected, Newlyn defended the claim, and they ordered the client to pay over £30,000 costs.
The principle was he did not want Newlyn to profit from the loss of his gear and by landing them a £30,000 debt ensures it negates any profit.
In your case, If Newlyn sells the car, then it will include the content. If you want to find your car, they sell them on eBay through a scrapyard business in Nazeing: https://www.ebay.co.uk/str/a1environmentalltd and the location (which should be on the notice when the bailiff took the car) of their scrapyard is: A1 Environmental Ltd, Meadgate Road Nazeing WALTHAM ABBEY EN9 2PD
Newlyn has a well-known solicitor whose trademark angry letters are found on the internet. His approach to litigants is to accuse them of being wholly vexatious, scurrilous and sometimes say their action is blackmail. His Modus operandi also includes ad-hominem attacks against litigants and goes on about costs.
Unless you have the strongest of interpleader claims, your only remedy is to buy the car back through eBay and see what the seller can offer you in recompense.
If you pay the debt to get the car, then Newlyn has accepted that you are the owner of the car. You can sue under section 3 of the Torts (Interference with Goods) Act 1977. Your claim will be frustrated by Newlyns solicitor, who prefers obstruction than construction. That was well demonstrated in the Jerome Rodgers case involving Newlyn illegally multiplying the enforcement stage fee contributing to the debtor's suicide.
You must NOT SIGN ANY DOCUMENT given to you by Newlyn, the scrapyard company, or enter into a non-disclosure agreement unless they lodge money in your account.
If you are the debtor named on the warrant, and they charge more than £11 a day to store the car, you can bring a detailed assessment hearing. That recovers some money taken and lands the bailiff company the legal bill for your costs, but you wouldn't gain from that other than the difference in the money taken and £11 per day storage fees.
If you can tell me more about the circumstances you bought the car, I can look into whether if I can strengthen your interpleader claim and refer you to a solicitor to represent you at court.
If the content is all you want back, then you can interplead the content.
The closest I have done for a client is interpleader claiming his ham radio gear installed in a towing caravan that was taken from outside a property. It was a mobile amateur radio station. The client succeeded with his claim on the basis of his radio license, call sign and photographs of him using the equipment. He made no effort interpleading the caravan itself.