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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Is it illegal to remove a car, stating you have a court order

Resolved Question:

Is it illegal to remove a car, stating you have a court order to do so. When in fact there is no court order.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this

Alex Watts :

Could you please explain your situation a little more?

Customer:

The claimant using the services of DJW clamped my car on my property at the above address.

On the card from DJW and written in hand – states ‘CLAMPED UNDER COURT WARRANT PLAESE CALL REF COLLECTION OF KEYS & DOCUMENTS THANK YOU. Contact numbers *********** and *********** ref:349727

According to the claimants records I had paid £6,000.00 of a £12,062.00

The claimant claimed under Delivery Up of Goods under HP agreement

District Judge Wright ordered ‘The claim be struck off’.

My car remained clamped on my property until it was removed some time after the hearing.

The claimant keeps demanding further payments

I keep telling them they had no right to clamp my vehicle on my premises

They had no right to sell my vehicle and demand further payments

Alex Watts :

Have you applied to the court at all?

Customer:

Not yet

Alex Watts :

ok - you need to make an URGENT application to the Corut

Alex Watts :

They can NOT claim without a Court order

Alex Watts :

The Court case was STRUCK OUT

Alex Watts :

Therefore you need to apply for an order that they release your car asap

Alex Watts :

You can do this in existing proceedings by completing form N244

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf

Alex Watts :

There is an application fee of £155 to pay

Alex Watts :

But you MUST ask the Court for an URGENT hearing

Alex Watts :

Usually its weeks but this needs to be asap

Customer:

Sorry this took place in 2008 but they keep demanding further payment

Alex Watts :

You can also claim compensation for loss and damage

Alex Watts :

Hold on- so is it still clamped?

Customer:

Is a N244 to have a judgement set aside? They took car & sold it

Alex Watts :

Hold on, they clamped it when they should have and sold it?

Alex Watts :

Why have you waited 6 years?

Customer:

These people keep phoning and demanding payment - which they are not entitled to as far as I know. The fact is they said they had a court order when they did not - because the judge ruled it struck . Or am I mistaken?

Alex Watts :

You do not have to pay. The court order did not require you to deliver up

Alex Watts :

Therefore they could have requested payment then too

Alex Watts :

They did not

Alex Watts :

If you do NOT acknowledge or agree the debt then it becomes statue barred 6 years from the date of LAST payment

Alex Watts :

If its been more than 6 years then as long as you do not agree you owe it - they can't do anything about it

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

According to their own paperwork if they remove goods without a court order;

Alex Watts :

Indeed. But if last payment was over 6 years its statue barred

Customer:

quote 'You have the wright to get back all the money you have paid under the agreement set out below'

Alex Watts :

But if last payment was over 6 years its statue barred

Customer:

So are you saying its pointless to try and take action against them for refund and is it or is not legal to say you have an order if you don't have one?

Alex Watts :

If its over 6 years since YOU have paid then a debt is statue barred

Alex Watts :

If its over 6 years then you also can't take action against them under the Limitation Act 1980

Alex Watts :

You and they have 6 years to make a claim

Alex Watts :

If its over 6 years its out of time

Alex Watts :

But then they can't pursue you for the debt either

Customer:

ok thanks I'll check

Alex Watts :

Can I clarify anything for you today please?

Customer:

Thank you Alex - where are you based

Alex Watts :

Midlands.

Alex Watts :

near Birmingham

Customer:

Bad luck!

Alex Watts :

Can I clarify anything else for you?

Customer:

Not at this stage thanks - I may something relating to a couple of properties that were repossessed and sold for a greatly reduced price £450,000 penthouse sold £183k building site valued £520,000 sold £235K

Alex Watts :

Of course, but can I ask you to post a new question about that?

Customer:

I'm waiting for the lenders duty of care files. Many thanks Berni

Alex Watts :

Of course.

Alex Watts :

Can I clarify anything for you about this question today?

Customer:

no thanks I think we done

Alex Watts :

Ok - if I could invite you to rate my service before you go today, the button should be at the bottom

Alex Watts :

If you need more help please click reply

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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