[*]Hello,I need desperately some help I have researched online and seem to find people having had issues with Marston baliffs on here talking specifically about beneficial interest on a Hp car under spouse name yet the pcn is under the registered keeper and insurance which is the husband...and what to do next.
We recieved a PCN last year around 3/04/2018 for parking displaying wrong permit,yes I actually didnt know that my parking permit for the estate is actually only for driveways inside the estate, no sufficent info was given until recently they put up a new sign clarifying that my parking code is only for the driveway. I forgot to appeal and move address since
, and on Friday they clamped the car I was driving as a registered keeper but my wife is the owner which is still under HP agreement. I told them they couldn't take it , they said they would immobilise it, I tried to tell them that the debt they seek is not under my wife's name (didnt say wife but her as I didnt give them my identity)and that the car is hers , they said there is a beneficial interest and you got some equity on it,
I got lost there as I never heard of that, he then handed me over , A notice after entry or taking control of goods with my name on it . i didnt sign anything , I called first the council, they asked me if I got a notice of intend (I think she said that) I told her I dont know, I dont remember seen it ,she said that most probably they send it and if they didnt you lost your chance to appeal and that they passed it over to the balifs.
I then called the marston asked them when exactly they send me warnings as I dont even remember seeing anything from them. she told me that they came twice when I lived at my previous address* but I already moved from there hence I never seen it, then on the 6th November 2019 they send me 1 letter in my current address , which I dont even recount seeing , and friday they just clamped it . I tried to appeal it but lost the appeal chance as the council said the bill is with them, and marston hill said that unless the council removes it they wont .My question now is , can I dispute the clamp if yes would this invalidate all their fees and could I renegotiate with the council and come to an agreement with the council if the clamping can be overturned as they charge for the enforcement fee 235 +35 can they clamp my wife's car despite the debt being under my name and despite the car is under HP, not mentioning that they didnt give me enough correspondence?, I am just the registered keeper and insurance Is under my name.
My wife tells me to pay it and Borrow the money, I dont know what to do as I'm already in a big financial constraint and paying off council tax debts around 3k and why should I pay for my car finance if I cant even use the car, didnt my car owner have responsibilities to protect the car, is there nothing in my HP contract that tells balifs cannot seize control of the carÂ* as it belongs to the cargiant ?
and last what should I do next?
sorry for the layout as I write on my phone, I thank you for reading this and trying to help me , thanks again
Urgent help, Marston bailiffs clamp, HP owned by spouse car, pcn on husband
Re: Urgent help, bailiffs clamp, HP owned by spouse car, pcn on husband
zonnard wrote: ↑08 Dec 2019 16:33 Hello,I need desperately some help I have researched online and seem to find people having had issues with Marston baliffs on here talking specifically about beneficial interest on a Hp car under spouse name yet the pcn is under the registered keeper and insurance which is the husband...and what to do next.
We recieved a PCN last year around 3/04/2018 for parking displaying wrong permit,yes I actually didnt know that my parking permit for the estate is actually only for driveways inside the estate, no sufficent info was given until recently they put up a new sign clarifying that my parking code is only for the driveway. I forgot to appeal and move address since
, and on Friday they clamped the car I was driving as a registered keeper but my wife is the owner which is still under HP agreement. I told them they couldn't take it , they said they would immobilise it, I tried to tell them that the debt they seek is not under my wife's name (didnt say wife but her as I didnt give them my identity)and that the car is hers , they said there is a beneficial interest and you got some equity on it,
I got lost there as I never heard of that, he then handed me over , A notice after entry or taking control of goods with my name on it . i didnt sign anything , I called first the council, they asked me if I got a notice of intend (I think she said that) I told her I dont know, I dont remember seen it ,she said that most probably they send it and if they didnt you lost your chance to appeal and that they passed it over to the balifs.
I then called the marston asked them when exactly they send me warnings as I dont even remember seeing anything from them. she told me that they came twice when I lived at my previous address* but I already moved from there hence I never seen it, then on the 6th November 2019 they send me 1 letter in my current address , which I dont even recount seeing , and friday they just clamped it . I tried to appeal it but lost the appeal chance as the council said the bill is with them, and marston hill said that unless the council removes it they wont .My question now is , can I dispute the clamp if yes would this invalidate all their fees and could I renegotiate with the council and come to an agreement with the council if the clamping can be overturned as they charge for the enforcement fee 235 +35 can they clamp my wife's car despite the debt being under my name and despite the car is under HP, not mentioning that they didnt give me enough correspondence?, I am just the registered keeper and insurance Is under my name.
My wife tells me to pay it and Borrow the money, I dont know what to do as I'm already in a big financial constraint and paying off council tax debts around 3k and why should I pay for my car finance if I cant even use the car, didnt my car owner have responsibilities to protect the car, is there nothing in my HP contract that tells balifs cannot seize control of the carÂ* as it belongs to the cargiant ?
and last what should I do next?
sorry for the layout as I write on my phone, I thank you for reading this and trying to help me , thanks again
Re: Urgent help, Marston balifs clamp, HP owned by spouse car, pcn on husband
I am about to write to the balif to release the clamp within 24h as the car is in HP but how should I word it? I dont want to put myself in trouble as they are very sneaky..
for now this is what I wrote:
Hello , I write on behalf of the person subject to the car that you clamped for a pcn xxxxxx
The law states that only the goods of the debtor become bound under the enforcement power.
The hirer does not acquire proprietary interest in the property until the option to exercise the purchase has been completed, therefore goods on Hire Purchase do not belong to the debtor and consequently the property is not bound goods
Paragraph 4 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007,
By taking control of the Hire Purchase or leased car, the bailiff is in breach of the following:
Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 ,
The bailiff is unable to sell the vehicle because the law says a purchaser does not acquire good title.
Paragraph 51 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007,
Therefore, the clamp must be removed within 24 hours
if not
An injunction will be the next stage.
end
I have found most of this info from https://www.nationalbailiffadvice.uk/In ... P-Car.html
I'm not sure how the whole injuction works apart filling a form and how much the solicitor charges if anyone can shred some info about cost that would be helpful.
also can I ask for damages as she couldn't use the car to transport her children and we are paying for the car for another 2 years . around 230 quid per month I want to charge them back all days she didnt use car (2days so far) + any interest.
thx again for any help you guys can give
for now this is what I wrote:
Hello , I write on behalf of the person subject to the car that you clamped for a pcn xxxxxx
The law states that only the goods of the debtor become bound under the enforcement power.
The hirer does not acquire proprietary interest in the property until the option to exercise the purchase has been completed, therefore goods on Hire Purchase do not belong to the debtor and consequently the property is not bound goods
Paragraph 4 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007,
By taking control of the Hire Purchase or leased car, the bailiff is in breach of the following:
Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 ,
The bailiff is unable to sell the vehicle because the law says a purchaser does not acquire good title.
Paragraph 51 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007,
Therefore, the clamp must be removed within 24 hours
if not
An injunction will be the next stage.
end
I have found most of this info from https://www.nationalbailiffadvice.uk/In ... P-Car.html
I'm not sure how the whole injuction works apart filling a form and how much the solicitor charges if anyone can shred some info about cost that would be helpful.
also can I ask for damages as she couldn't use the car to transport her children and we are paying for the car for another 2 years . around 230 quid per month I want to charge them back all days she didnt use car (2days so far) + any interest.
thx again for any help you guys can give
Re: Urgent help, Marston balifs clamp, HP owned by spouse car, pcn on husband
lastly I read this
"
If the debt is a PCN then identify the PCN number and do an out of time statutory declaration. If you can show you have moved then you can pay the original PCN to the council"
I did move addresses and I did not see the letters from the balifs as mentioned above , I might have let it slip in the beginning the pcn from the council but I wouldnt ignore marston's letter , what do I need to show that I moved , which dates precisely they need to match with ?
"
If the debt is a PCN then identify the PCN number and do an out of time statutory declaration. If you can show you have moved then you can pay the original PCN to the council"
I did move addresses and I did not see the letters from the balifs as mentioned above , I might have let it slip in the beginning the pcn from the council but I wouldnt ignore marston's letter , what do I need to show that I moved , which dates precisely they need to match with ?
Re: Urgent help, Marston balifs clamp, HP owned by spouse car, pcn on husband
Send a text message to the bailiff and an email to the bailiff company.
Attach to the email a copy of the finance agreement and a screenshot of the balance owing on the car
Take a photo to the clamped car showing the numberplate and the wheelclamp in tve same picture.
Take screenshots of the SENT email and a screenshot of the SENT text message to the bailiff.
If the car is still clamped 24 hours later or you receive a refusal to release (whichever happens first)
You can injunct and the bailiff company pays your costs.
You can also claim damages. There are two types for damages. Wasted vehicle costs and Special Damages.
Attach to the email a copy of the finance agreement and a screenshot of the balance owing on the car
Take a photo to the clamped car showing the numberplate and the wheelclamp in tve same picture.
Take screenshots of the SENT email and a screenshot of the SENT text message to the bailiff.
If the car is still clamped 24 hours later or you receive a refusal to release (whichever happens first)
You can injunct and the bailiff company pays your costs.
You can also claim damages. There are two types for damages. Wasted vehicle costs and Special Damages.
Re: Urgent help, Marston balifs clamp, HP owned by spouse car, pcn on husband
Marston just want money they never listen to you.
Re: Urgent help, Marston balifs clamp, HP owned by spouse car, pcn on husband
zeke wrote: ↑09 Dec 2019 04:10 Send a text message to the bailiff and an email to the bailiff company.
Attach to the email a copy of the finance agreement and a screenshot of the balance owing on the car
Take a photo to the clamped car showing the numberplate and the wheel clamp in the same picture.
Take screenshots of the SENT email and a screenshot of the SENT text message to the bailiff.
If the car is still clamped 24 hours later or you receive a refusal to release (whichever happens first)
You can injunct and the bailiff company pays your costs.
You can also claim damages. There are two types of damages. Wasted vehicle costs and Special Damages.
I was about to do it but got advised last minute to do a te7 and te9 form as I moved to address a couple of times but didn't update properly the v5
Today the council acknowledged the application and told the Marston bailiff to put everything on hold.
However the clamp still remains, the council refuses to tell bailiff to remove it, and bailiff says the won't remove because the council said it's on hold unless council tells them to remove clamp they won't. TEC says it's clamped before you made the application then it's on the councils' discretion. I tried everything ith the council they don't care and think I ignored the letters, they advised me to pay or to ask the court to speed it up to get a decision sooner
I called my HP agreement Blackhorse who own the car they advised they can't do anything even can't send email as the baliffs do an HPI check and it tells them who has an interest on it, in other words, the beliefs know that Blackhorse has to interest on it.
I need to know how can I remove the clamp, I can't do this anymore I need the car for my children to bring them to school and to work, what can I do now I'm lost please help?? And I cannot afford to pay BOA for some advice.
Re: Urgent help, Marston balifs clamp, HP owned by spouse car, pcn on husband
Great news clamp will be removed tomorrow,
In short after all that I mentioned I phoned Marston again but beforehand I went to https://www.nationalbailiffadvice.uk/In ... P-Car.html took down the main points valid with my case [which were pretty much all] however I made it so that it fits in a Phone call so I scripted it pretty well...
After talking with her it came to the point was I asked what happens if I lose the Out of time te7 and te9 that I filled. He said because I was the registered keeper they would take the vehicle after 7-14days to sell it. I asked them why would they sell a car that I don't own, they replied with you are the registered keeper. I asked them again, how WILL you sell a car if I'm not owning the car as I am a Bailee [a person or party to whom goods are delivered for a purpose, such as custody or repair, without transfer of ownership.] I guess their script hasn't got an answer for that, so he went on hold to seek advice and came back with unclamping the car tomorrow .
The law needs to address this so that bailiffs don't screw over people, I could have stayed quiet and seek an injunction while using a fancy new leased car and charge them back but I am not like Marston,. Anyway, now I wait for the out of time application to give us an outcome, if we win, happy end, if I lose I pay off as I now know that I have a PCN god dmned, could have been more civil
Got one question, if I lose the appeal can I still pay to the council the initial charge without enforcement as it was unlawful at the first place?
In short after all that I mentioned I phoned Marston again but beforehand I went to https://www.nationalbailiffadvice.uk/In ... P-Car.html took down the main points valid with my case [which were pretty much all] however I made it so that it fits in a Phone call so I scripted it pretty well...
After talking with her it came to the point was I asked what happens if I lose the Out of time te7 and te9 that I filled. He said because I was the registered keeper they would take the vehicle after 7-14days to sell it. I asked them why would they sell a car that I don't own, they replied with you are the registered keeper. I asked them again, how WILL you sell a car if I'm not owning the car as I am a Bailee [a person or party to whom goods are delivered for a purpose, such as custody or repair, without transfer of ownership.] I guess their script hasn't got an answer for that, so he went on hold to seek advice and came back with unclamping the car tomorrow .
The law needs to address this so that bailiffs don't screw over people, I could have stayed quiet and seek an injunction while using a fancy new leased car and charge them back but I am not like Marston,. Anyway, now I wait for the out of time application to give us an outcome, if we win, happy end, if I lose I pay off as I now know that I have a PCN god dmned, could have been more civil
Got one question, if I lose the appeal can I still pay to the council the initial charge without enforcement as it was unlawful at the first place?
Re: Urgent help, Marston balifs clamp, HP owned by spouse car, pcn on husband
Dont count your chickens until the clamp is removed.
Then put in your damages.
You can pay the council direct but you must give notice to the bailiff.
Here is a free template
https://www.nationalbailiffadvice.uk/Te ... otice.html
Then put in your damages.
You can pay the council direct but you must give notice to the bailiff.
Here is a free template
https://www.nationalbailiffadvice.uk/Te ... otice.html