Desperate for help please!

[Wombats]

Re: Desperate for help please!

http://www.justice.gov.uk/courts/pro...executed-goods

[bluebottle]

Re: Desperate for help please!

Once Marstons were made aware your car was third-party goods and proof made available to them, they should have immediately removed the clamp, not left it on, thereby depriving you of your enjoyment and use of your possessions. There is going to come a point where Marstons and their client can no longer justify their actions and it then becomes a matter of serving both with a Letter Before Action. Off the top of my head, you may have grounds for action under the Torts (Interference With Goods Act) 1977 for Wrongful Interference With Goods.

If Marstons think they are being clever or are doing nothing wrong by seizing third-party goods, they know or ought to know such action is not only unlawful, but, in certain circumstances, it can be illegal also. They have no excuse or defence whatsoever.

I would send a follow-up email to Gareth Hughes today and the Council involved requesting the clamp's immediate removal.

[Wombats]

Re: Desperate for help please!

Once Marstons were made aware your car was third-party goods and proof made available to them, they should have immediately removed the clamp, not left it on, thereby depriving you of your enjoyment and use of your possessions. There is going to come a point where Marstons and their client can no longer justify their actions and it then becomes a matter of serving both with a Letter Before Action. Off the top of my head, you may have grounds for action under the Torts (Interference With Goods Act) 1977 for Wrongful Interference With Goods.

If Marstons think they are being clever or are doing nothing wrong by seizing third-party goods, they know or ought to know such action is not only unlawful, but, in certain circumstances, it can be illegal also. They have no excuse or defence whatsoever.

I would send a follow-up email to Gareth Hughes today and the Council involved requesting the clamp's immediate removal.

There is a correct procedure to follow linked above.

[bluebottle]

Re: Desperate for help please!

Unfortunately, the post with the link crossed with mine so I read what was on the link after it was posted, Wombats.

To be honest, the procedure appears weighted heavily in favour of the EA. However, Milo did post something on another thread which explains matters in very simple terms.

[Penpushers]

Re: Desperate for help please!

Thank-you so much Bluebottle will do straight the way. These people really do think they are above 'everything'.

[bluebottle]

Re: Desperate for help please!

Thank-you so much Bluebottle will do straight the way. These people really do think they are above 'everything'.

Check the procedure Wombats mentions and Bizzybob has provided a link for in Post #46 before doing anything further.

[Penpushers]

Re: Desperate for help please!

Thanks for post , but I am not sure what to do can you please clarify. I have written emailed, all the details. I have looked at the link Milo posted and Wombats but I'm not sure what to do with this link. Do I apply to the courts now as Marstons are ignoring me?

[bluebottle]

Re: Desperate for help please!

Do you know if the creditor - the council - has done anything to kick Marstons into removing the clamp? If the new regulations are clearly not working and/or being abused, then you may have to go to court.

[Penpushers]

Re: Desperate for help please!

I emailed the council last week and they emailed back saying -not there problem- and to contact Marstons. I emailed the council back and told them I was forwarding there email onto The Ombudsman along with the paperwork which has already gone. Which I did. Received email from Ombudsman waiting now for there response. In the meantime MARSTONS are depriving me of my car with no justification whatsoever. I wrote last week to Marstons sending all the documents they asked for sent 'signed for' along with a letter in response to my complaint about their bailiff, no news at all. I am very sure the bailiff is trying to use me as a pawn to try and make my husband pay his commission. That will happen when hell freezes over. How do we get to court please ?

[Wombats]

Re: Desperate for help please!

Has the owner of the goods followed the procedure set out in Section 85.4 to the letter? It is spelt out extremely clearly what should be done by the person claiming the goods are theirs. There can be no doubting what steps must be taken when this is followed.

[Penpushers]

Re: Desperate for help please!

Thanks Wombats, I had a letter from Customer care and complaints team after I had complained about the bailiff. Mrs D invited me to enclose copies of V5 insurance and proof that I owned the car at the time it was clamped. I have done as requested but still my car is clamped.It has been clamped now for 24 days I wrote and complained straight the way.

[Wombats]

Re: Desperate for help please!

Has the owner of the goods followed the procedure set out in Section 85.4 to the letter?

Thanks Wombats, I had a letter from Customer care and complaints team after I had complained about the bailiff. Mrs D invited me to enclose copies of V5 insurance and proof that I owned the car at the time it was clamped. I have done as requested but still my car is clamped.It has been clamped now for 24 days I wrote and complained straight the way.

Is that a 'Yes' or a 'No' in reply to the question I asked. Sorry to be pedantic, but if you actually read Section 85.4 it is clear, but would need to be followed exactly as a precursor to court proceedings:

http://www.justice.gov.uk/courts/pro...ted-goods#85.4

[Penpushers]

Re: Desperate for help please!

No, I wrote straight to Marstons and asked told them that the bailiff knew it was my car. They wrote back and asked for the V5 insurance and proof it was mine, which I did. I thought as I had done as I was asked by letter it was adequate. Do I still need to follow this procedure now to get my car un clamped?

[Wombats]

Re: Desperate for help please!

To be perfectly honest, in my opinion what you have already done should have done the trick, but clearly it hasn't.

I've not dealt with this position before, so I'm treading new ground with you. What I'm relying on is what the law says you should do. As you'll see from the link, if you follow that the EA's have to notify the creditor (the Council) and it is all very formal. I suspect a court would expect you to have completed this stage first.

It looks straightforward on paper so if I were you I would follow this procedure, but as I've stated, this is new ground for me under the new regulations, so I can only help you 'theoretically' by reading what should be done and suggesting you do it. There may be others with more experience on here who can suggest other routes.

There's a good discussion about this here:

http://www.consumeractiongroup.co.uk...=1#post4526358

[bizzybob]

Re: Desperate for help please!

Looks like they are after OP going to Interpleader., so depending on value of car could be expensive, of course it could all blow up in EA and Cardiff Councils faces.