Hello my name is ***** ***** I will help you with this
Could you please explain your situation a little more?
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
Have you applied to the court at all?
ok - you need to make an URGENT application to the Corut
They can NOT claim without a Court order
The Court case was STRUCK OUT
Therefore you need to apply for an order that they release your car asap
You can do this in existing proceedings by completing form N244
There is an application fee of £155 to pay
But you MUST ask the Court for an URGENT hearing
Usually its weeks but this needs to be asap
Sorry this took place in 2008 but they keep demanding further payment
You can also claim compensation for loss and damage
Hold on- so is it still clamped?
Is a N244 to have a judgement set aside? They took car & sold it
Hold on, they clamped it when they should have and sold it?
Why have you waited 6 years?
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?
You do not have to pay. The court order did not require you to deliver up
Therefore they could have requested payment then too
They did not
If you do NOT acknowledge or agree the debt then it becomes statue barred 6 years from the date of LAST payment
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
Can I clarify anything for you about this today please?
According to their own paperwork if they remove goods without a court order;
Indeed. But if last payment was over 6 years its statue barred
quote 'You have the wright to get back all the money you have paid under the agreement set out below'
But if last payment was over 6 years its statue barred
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?
If its over 6 years since YOU have paid then a debt is statue barred
If its over 6 years then you also can't take action against them under the Limitation Act 1980
You and they have 6 years to make a claim
If its over 6 years its out of time
But then they can't pursue you for the debt either
ok thanks I'll check
Can I clarify anything for you today please?
Thank you Alex - where are you based
Can I clarify anything else for you?
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
Of course, but can I ask you to post a new question about that?
I'm waiting for the lenders duty of care files. Many thanks Berni
Can I clarify anything for you about this question today?
no thanks I think we done
Ok - if I could invite you to rate my service before you go today, the button should be at the bottom
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