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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 2865
Experience:  Solicitor
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I bought a van from privet person (Gumtree advert), couple

Customer Question

I bought a van from privet person (Gumtree advert) , couple of weeks after my purchase van was seized by Enforcement officer with a court order dated before I bought van. However DVLA records shows that I was the only one and legal owner/reg keeper of the vehicle in the day that was taken by officers . I have been forced to pay 1400£ of my credit card in order to clear previous owner outstanding PCN's and get my van back from bailiffs compound. The previous owner disappeared and Local Charging Authorities are refusing by requests for refund. :(
Submitted: 5 months ago.
Category: Law
Expert:  Jamie-Law replied 5 months ago.

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

Have you charged it back on your credit card at all?

Customer: replied 5 months ago.
No I have not . I had to use my credit card as bailiffs wanted to sell my van on court auction within a few days from seizing it. This information forced me to use my 29,6% APR credit card to get my vehicle back
Expert:  Jamie-Law replied 5 months ago.

Oh I see. Just to be clear, do you have the details of the seller at all?

Customer: replied 5 months ago.
his details are on the V5 document (as previous owner ) also I have been given documents from bailiffs with his details..
I have his full name, mobile numbers are switched off long time ago and both his addresses known to me are wrong too
(one is where he use to live long time ago and second address is only his girlfriend address or whoever is she)
Expert:  Jamie-Law replied 5 months ago.

OK - how did you pay for the van?

Customer: replied 5 months ago.
cash transaction . unfortunately I did not ask him to sign sale agreement :(
Expert:  Jamie-Law replied 5 months ago.

Ah. In reality you may have lost the money.

All you can do is report this to the Police. They can investigate the matter and prosecute where necessary.

I could advise how to issue proceedings but that would be pointless as you have to pay Court fees and no way to enforce.

But report it to the Police - that is all you can do.

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?

Customer: replied 5 months ago.
I was several times at the Police station but they wont let me report it as this is Civil matter not an Criminal offence..Simply you want to tell me that I have been forced to pay someone else's penalties and unpaid PCN tickets from my own pocket and that person can simply walk away unpunished ?!
Expert:  Jamie-Law replied 5 months ago.

It is a criminal matter. Dont be fobbed off. This is fraud.

Does that clarify?

Customer: replied 5 months ago.
I gave up trying to report this as crime after being told every single time that Police can not deal with civil matter , even person from Citizen Advise Bureau told me this is a civil matter
Expert:  Jamie-Law replied 5 months ago.

I am sorry its not better news. But sadly unless you know where this person is even if you did take them to Court it wouldnt be valid.

In any event if the seller didnt have any money or assets you have a paper Judgment and thats it.

I am sorry if its not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.

Can I clarify anything for you about this today please?

Customer: replied 5 months ago.
But I have receipt from bailiff and other case documents that says I had to clear not mine penalties to get MY vehicle back .
The only proof of transaction can be bank statement which shows the full amount of money I have withdrawn few days before purchase.
Expert:  Jamie-Law replied 5 months ago.

Indeed. I will outline the process then for you to claim the money back.

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Can I clarify anything for you about this today please?

Customer: replied 5 months ago.
I can not believe it that law is such a helpless in this case. This is immoral , bailiffs knew that van has changed owner because I was legal owner in DVLA records two weeks before they have seized it.
Expert:  Jamie-Law replied 5 months ago.

I agree. Thats why you should issue proceedings.

You didnt need to pay for something which is NOT yours.

That is why you can claim it back

Does that clarify?

Customer: replied 5 months ago.
this incident hurt my financial situation badly , I had to borrow money from friend to pay off credit card balance .
If I issue proceedings will it cost me anything ? will this guarantee me refund of my loses ,even if addresses of this persons are fake ? .
Expert:  Jamie-Law replied 5 months ago.

I agree, its so unfair.

Yes there is a Court fee to pay. They are listed here:

https://www.gov.uk/government/publications/fees-for-civil-and-family-courts/court-fees-for-the-high-court-county-court-and-family-court

This gets Judgment. you only get paid if the person you sue has any money

Does that clarify?

Customer: replied 5 months ago.
He couldn't pay for 3 PCN tickets , thats why Local Authorities (LB of Kingston, Brent, Hounslow) have issued court cases against him. This is what worry me ! My loses are around 2000£ and if he will say that he have no money I will end up with empty wallet and Judgment in hand .
Expert:  Jamie-Law replied 5 months ago.

You could, that is always a risk. Sadly there is no way of knowing if he has any money before you sue.

I am sorry. Can I clarify anything else?

Customer: replied 5 months ago.
Is there any chance or possibilities to make bailiffs return me the money I've paid? I am sorry but this case cost me already a lot of stress and money.. That's why I've contacted you, before my only last chance will be issue proceeding ..what will makes my finances even worst.
Expert:  Jamie-Law replied 5 months ago.

The bailiffs you paid - possible but unlikely. In reality you have probably lost the money

Does that clarify?

Customer: replied 5 months ago.
I have paid the bailiffs because they have forced me to do it, otherwise I would lost my van. They knew that van does belong to me not to the person who they were looking for
Expert:  Jamie-Law replied 5 months ago.

I understand. You can also issue proceedings against the bailiffs because you now own the van.

You should not pay for someone else's parking tickets

Does that clarify?

Customer: replied 5 months ago.
Is there any point to issue proceeding against the bailiffs if the court order for goods recovery were issued before I have purchased the van?
Expert:  Jamie-Law replied 5 months ago.

You can try, but you may be throwing good money after bad.

But you may also wish to draw a line under this stress.

I am sorry its not better news.

Does that clarify?

Customer: replied 5 months ago.
No its not a better news.. That's unbelievable. Being victim of a fraud and nobody can help to recovery my loses, even law is not on my side it's simply covers his and let him be unpunished
Expert:  Jamie-Law replied 5 months ago.

I agree. But sadly you need the persons details. I still think the Police can investigate this for you.

its not a civil matter, it is FRAUD. If they refuse to investigate then ask to see the Chief Constable and say you are NOT going to leave until they do.

That will get action. Does that clarify?

Customer: replied 5 months ago.
What details of this person will I need ?
Expert:  Jamie-Law replied 5 months ago.

Really the name and address. But the Police should be investigating.

They can trace the previous owner etc.

Does that clarify?

Customer: replied 5 months ago.
I have his name and address which was on the logbook,but sadly this were address of his girlfriend
Expert:  Jamie-Law replied 5 months ago.

Ok. The Police should investigate, but this is ALL you can do.

Does that clarify?

Customer: replied 5 months ago.
basically there is no law that covers or help the victims of this kind of fraud. Simply I had two choices:
-lost the van or lost my money to get the van back
Expert:  Jamie-Law replied 5 months ago.

I have already said it is fraud. Therefore you need to complain to the Police.

I said at 10.56 on 31/10 that it was fraud.

Does that clarify?

Customer: replied 5 months ago.
Ok. Unfortunately police officers does not want to classified this as a criminal matter
Expert:  Jamie-Law replied 5 months ago.

You need to ask to speak to the Chief Constable. Insist this is fraud. Do not be fobbed off

Does that clarify?

Customer: replied 5 months ago.
I can find chief Constable at every police station?
Expert:  Jamie-Law replied 5 months ago.

No but can speak to the most senior officer there.

Please do remember to rate my answer so the site pays me for the time. Thanks

Customer: replied 5 months ago.
Is there anything else I can do in this case apart from only trying to report at the police station? What about Local Charging Authorities?? Are they able to return my money?
Expert:  Jamie-Law replied 5 months ago.

There is nothing else. No, the council won't return the money. I am sorry.

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