Clamped!!

[Bella Smallville]

anonymous said:

[redacted]

Well I hope it does anyway, but how much luck has gone...

[Bella Smallville]

• *UPDATE ALERT*

This is regarding the finance that is still outstanding on the car, Barclays who the finance is with phoned me up not to long ago and had said that basically because the police would not regard the car as stolen then they won't transfer the outstanding finance.

But they have advised me to go to the county court and take LBS through the courts for the car back knowing I won't get it back, then I would be able to get a CCJ placed against the company but get the CCJ put in Barclays name I believe and they will instruct bailiffs in getting the car or money.

This all seems a little technical for me so going to go to the Citizens Advice Bureau and ask for advice and I hope they can advice me what I need to do, if that fails i'll get in touch with my solicitor.

Edited by Bella Smallville on Friday 12th November 17:12

[Bella Smallville]

dwspirit said:

Bella Smallville said:

***UPDATE ALERT*

This is regarding the finance that is still outstanding on the car, Barclays who the finance is with phoned me up not to long ago and had said that basically because the police would not regard the car as stolen then they won't transfer the outstanding finance.

But they have advised me to go to the county court and take LBS through the courts for the car back knowing I won't get it back, then I would be able to get a CCJ placed against the company but get the CCJ put in Barclays name I believe and they will instruct bailiffs in getting the car or money.

This all seems a little technical for me so going to go to the Citizens Advice Bureau and ask for advice and I hope they can advice me what I need to do, if that fails i'll get in touch with my solicitor.

Edited by Bella Smallville on Friday 12th November 17:12

CAB??? I thought your Dad was a solicitor? Surely he must know a good lawyer. You need to put down Mark Stone's and Matthew Boosey's home addresses. Some kind person has put them on FB and I have put them in the newspaper comments.

Oh he does know a good solicitor for me to use, that's who my solicitor is

But I will still go to CAB 1st thing tomorrow morning just so I know myself and without any legal mumbo jumbo going on

I noticed that earlier about the names and addresses, luckily I have them anyway

Edited by Bella Smallville on Friday 12th November 17:19

[Bella Smallville]

dwspirit said:

Make sure you put Stone's name and address in full; you could bag yourself a nice Range Rover Sport!

As long as it's in black

[Bella Smallville]

streaky said:

dwspirit said:

Make sure you put Stone's name and address in full; you could bag yourself a nice Range Rover Sport!

It's probably financed with backdated unpaid installments. I doubt Boosey and Stone have any assets in their names - Streaky

Is there anyway to find that out?

[Bella Smallville]

dwspirit said:

Is it not fraud to sell a car on finance? If the Alfa was financed; then that is theft and illegal. I think you should do an HPI check on the Alfa. If you stop the payments then the finance company will repro the car. The buyer will lose out. How come the Police have missed this?

Because the police are a bunch of s and are corrupt!! (sorry)

That's because Barclays won't agree that the finance is on the car, they are saying it's a personal loan which is total bks, but they have frozen the account so I don't need to pay any payments until the court case is sorted out so not all to bad!

[Bella Smallville]

dwspirit said:

Bella Smallville said:

dwspirit said:

Is it not fraud to sell a car on finance? If the Alfa was financed; then that is theft and illegal. I think you should do an HPI check on the Alfa. If you stop the payments then the finance company will repro the car. The buyer will lose out. How come the Police have missed this?

Because the police are a bunch of s and are corrupt!! (sorry)

That's because Barclays won't agree that the finance is on the car, they are saying it's a personal loan which is total bks, but they have frozen the account so I don't need to pay any payments until the court case is sorted out so not all to bad!

A personal car loan is not car finance! Then there is no finance attached to the Alfa and it won't show up on HPI!

DING!!

This is one of the things I have been in dispute with Barclays for a VERY long time, but they seem to want me to get it to court and send bailiffs to their houses for the amount of the finance.

[Bella Smallville]

Tallbut Buxomly said:

This is a jolly good point. If you have the finance docs look at them and see what it says.
If it was a loan from the bank to buy the car then its going to be in your name whereas if through a dealer for ex then its the car thats financed.

Thats as i understand it anyway.

That's what I thought as well, the docs all say motor loan finance but when I phoned up Barclays they said its a personal loan on their system, so it would appear that I was mis-sold the loan at point of purchase from Car Craft

[Bella Smallville]

nigel_bytes said:

Bella why on earth don't you go to the nationals ?.
The sun 020 7782 4101/4102/4103 or 4104

http://www.cash4yourstory.co.uk/
http://www.sellusyourstory.com/

I have sent an email out to all the national newspapers a few times now and no once has come back to me, I have had someone turn up on Thursday morning, the day my story was in the Echo wanting an interview and to put it to the national newspapers, some kind of freelance reporter I think.

Oh and just sent of something to them, cheers there

[Bella Smallville]

TVR1 said:

Bella Smallville said:

Tallbut Buxomly said:

This is a jolly good point. If you have the finance docs look at them and see what it says.
If it was a loan from the bank to buy the car then its going to be in your name whereas if through a dealer for ex then its the car thats financed.

Thats as i understand it anyway.

That's what I thought as well, the docs all say motor loan finance but when I phoned up Barclays they said its a personal loan on their system, so it would appear that I was mis-sold the loan at point of purchase from Car Craft

Righto.......

firstly Bella, having now heard the situation regarding the finance and regarding my previous comments, I will now apologise. In nearly 23 years in the motor trade, I had never heard of a any finance company registering an interest in a car that was subject to a personal loan.

However, a few weeks ago I did. It seems that it is now common practice for 'personal loan car finance providers' to register the loan with HPI, Experian etc. It is still a personal loan, but any dealer/member of the public will see a finance alert against the car. subsequently, they will not touch the car with a bargepole. The finance company will not lift the entry until the finance is paid off. Pretty much a legal form of blackmail. So, quite understandable, as indirectly the finance company can protect it's interest in your personal loan. In a way, it is the same as a private parking firm issuing a 'Parking Charge Notice' rather than being able to issue a 'Penalty Charge Notice' the emotional effect on the person is similar but the legal position is quite different.

However, assuming the overall situation is as you describe (and I must confess, my jury is still out) you may not be totally lost.

I will ponder this one. I must say though, that this may be more than a 1 pipe problem, or 2 or 3(if you understand that reference), however, please expect a PM from me over the next few days.

Thanks for the reply TVR1

Think I understand what your saying and i'll be waiting for your PM with interest

[Bella Smallville]

TVR1 said:

BPD said:

Bella Smallville said:

TVR1 said:

Bella Smallville said:

Tallbut Buxomly said:

This is a jolly good point. If you have the finance docs look at them and see what it says.
If it was a loan from the bank to buy the car then its going to be in your name whereas if through a dealer for ex then its the car thats financed.

Thats as i understand it anyway.

That's what I thought as well, the docs all say motor loan finance but when I phoned up Barclays they said its a personal loan on their system, so it would appear that I was mis-sold the loan at point of purchase from Car Craft

Righto.......

firstly Bella, having now heard the situation regarding the finance and regarding my previous comments, I will now apologise. In nearly 23 years in the motor trade, I had never heard of a any finance company registering an interest in a car that was subject to a personal loan.

However, a few weeks ago I did. It seems that it is now common practice for 'personal loan car finance providers' to register the loan with HPI, Experian etc. It is still a personal loan, but any dealer/member of the public will see a finance alert against the car. subsequently, they will not touch the car with a bargepole. The finance company will not lift the entry until the finance is paid off. Pretty much a legal form of blackmail. So, quite understandable, as indirectly the finance company can protect it's interest in your personal loan. In a way, it is the same as a private parking firm issuing a 'Parking Charge Notice' rather than being able to issue a 'Penalty Charge Notice' the emotional effect on the person is similar but the legal position is quite different.

However, assuming the overall situation is as you describe (and I must confess, my jury is still out) you may not be totally lost.

I will ponder this one. I must say though, that this may be more than a 1 pipe problem, or 2 or 3(if you understand that reference), however, please expect a PM from me over the next few days.

Thanks for the reply TVR1

Think I understand what your saying and i'll be waiting for your PM with interest

Just thought that I would add to this. Going back quite a few years now, possible as many as 9 years ago now, all the finance we did was personal loan but registered against the car or bike. I bought a few bikes and cars myself and everytime it was a personal loan, not only from where I was working at the time. All of these were with Black Horse and it was a standard thing that happened. Well it was from my experience. There was one other company too but I can't remeber what they were called but that was the same.

I will see if I still have one of the reps numbers and give him a call and see if he can come up with anything.

Even I would agree it is a sneaky way of doing things.

OP....the angle I am contemplating is in relation to the case of Rowland v Divall 1923 (look it up, Googley is your friend). It concerns what happens after a 'stolen' car is sold on and who has 'ownership/title'. Of course, your car wasn't exactly stolen and whoever has the car now may be in for a bit of a shock.Your case is in reverse, if you see what I mean.

I confess that I am a bit rusty on contract law, but I am certain there is case law regarding what has happened to you. It is a question of establishing that your car was 'stolen' from you in the first place, or if the taking of your car was to remedy a breach of contract but the contract conditions being unfair, therefore unenforceable.....but they did it anyway.

I am thinking of a case about a farmer taking a cart from his land, owned by a labourer (that didn't have permission to sit on the land) and selling it on at auction as a remedy for tresspass.......somewhere around 1850?....It will come back to me eventually....hence the 3 pipe problem!

I found that case you mentioned and just gave it a good read, but going to have to give it another read in the morning when I am more awake

I am going to send you a PM as well!!

[Bella Smallville]

M3333 said:

Bella Smallville said:

dwspirit said:

Bella Smallville said:

BPD said:

Just had a thought after that last comment. If they have registered the car in another name then technically you could argue that they bought the car. How about trying to claim against them for that. Send a debt recovery agent after them, get car repossessed as they haven't paid you something like that. Obviously there is the cost of the car plus loss of interest on that money. Maybe even try it through MCOL.

Already covered that idea, it appears LBS had sold the car via auction within 2 weeks of having the car and the people who now have the car seems to be an innocent party, hence why the police won't put a stolen marker on the PNC system

They bought a stolen car! Take the auction to court!

In the process of taking LBS through the county court, but it's just taking soooo long ffs!!

As much as this thread has really angered me and made me feel gutted for your situation fella you need to stop going for LBS.

The reason? I have credit checking software and they are currently in dissolution which means they are winding the business up

Email me and i will send you all the details i have from the credit checking software.

fking s

That would be handy having a copy of what you have found out, I replied to your email btw

I would love to go after Matthew Boosey and Mark Stone but I heard from the guy who done my story in the paper that they have vanished and people are finding it hard to track them down

[Bella Smallville]

Victor McDade said:

It won't be too long until a rogue clamper is killed by the member of the public. I know the police have a lot on their hands but hiding behind cases like this using the line 'oh it's a civil matter' is ridiculous.

Really feel for you OP and I hope somehow you at least manage to recover your financial losses.

If a rogue clamper is killed by a member of the public then i'll buy them a drink, bad I know but hey lifes a bh!!

Yeah it sucks what is going on but I hope to get a good outcome eventually.

[Bella Smallville]

NoNeed said:

streaky said:

dwspirit said:

Sounds like the parking manager at Southend Council may be corrupt as well!

I would caution against making comments like this on a public forum - Streaky

What would worry you more the allegation being true or false?

I would be worried if it turned out to be true but after these last few months I wouldn't be to surprised and that is a shame

[Bella Smallville]

Mojooo said:

There was a case where a guy had had some work done on his car at a mechanics. For some reason he didn't pay and went back and took his car from the garage after they had parked it on the road. The garage had an interest in the car as they had done some work on it.

The question was can you steal what you already own and the answer was, yes, IIRC.

Again this doesn;t totally apply to your situation as it looks like the clamping company may have done something dodgy themselves.

Oh yeah, I heard about that when I reported that me and co saw my car being driven around last month. They basically said that you could of taken it and they couldn't/wouldn't do anything about it

So since then I have always had my keys on me just incase but not seen her around at all doh!

[Bella Smallville]

Flintstone said:

BPD said:

I haven't read all of this, just skimmed through it quickly. From experience I know that the DVLA have the odd thing go wrong but did you receive the acknowledgment letter from them about the change of keeper? If so doesn't it mention that if this is an error to contact them? Would assume that this did happen and you did contact them but that they probably weren't very helpful.

Also the keeper listed on the V5C isn't always the owner of the vehicle so why won't the police do anything about it on that basis. As you are the owner just not the registered keeper then you should be fine to report it stolen. Mind you if they are saying that you can't as you are not the owner then there must be a lot of cars out there that have been reported stolen illegally as technically the owner is the finance company

Yes. Odd, isn't it? Then again so is all we've been told (so far). I'm sure there's more.

Edited by Flintstone on Saturday 13th November 16:59

Dare I ask what your trying to get at there Flintstone?

[Bella Smallville]

Flintstone said:

Bella Smallville said:

Flintstone said:

BPD said:

I haven't read all of this, just skimmed through it quickly. From experience I know that the DVLA have the odd thing go wrong but did you receive the acknowledgment letter from them about the change of keeper? If so doesn't it mention that if this is an error to contact them? Would assume that this did happen and you did contact them but that they probably weren't very helpful.

Also the keeper listed on the V5C isn't always the owner of the vehicle so why won't the police do anything about it on that basis. As you are the owner just not the registered keeper then you should be fine to report it stolen. Mind you if they are saying that you can't as you are not the owner then there must be a lot of cars out there that have been reported stolen illegally as technically the owner is the finance company

Yes. Odd, isn't it? Then again so is all we've been told (so far). I'm sure there's more.

Edited by Flintstone on Saturday 13th November 16:59

Dare I ask what your trying to get at there Flintstone?

Merely that I'm sure there's another element to this. A clamping company that lifts a car and registers it in their name the very same day? Why your car? No offence but it's not a collectable or of particularly high value. As for dwspirit's excitable posting......................

I wish I knew why my car that they done this to but I don't, I even have a copy of the information saying when it was changed over to their name as well incase anyone wanted me to upload it to have a look?

And I know it's not a collectable, even though it is one of three in the country and that it's not high value either but maybe they didn't know that thinking it was worth a few quid, after all it had just had a full detail and all the dents sorted

[Bella Smallville]

Mojooo said:

Just get an angle grinder and destroy the cars of the damn directors.

Its the only way.

Then the police would get involved but a Mr Stone and Mr Boosey have disappered for the moment so couldn't do that even if I was crazy enough to

[Bella Smallville]

MrPickle said:

anonymous said:

[redacted]

Unless the OP assualts them of course?

Well funny you say that, they had pushed me away several times and pushed me to the floor once and even had a few witnesses but the police we're like they couldn't give a fk!!

[Bella Smallville]

dwspirit said:

If the company is guilty of VAT fraud then Stone and Boosey must be arrested and charged.

I agree but the investigation is taking so long that by the time the police and whoever sorts out the VAT fraud that Mr Boosey and Mr Stone will be long gone!!

I have my thoughts as to why they ain't been done yet but I am going to keep them to myself and not put them out on a public forum