Hi I’m new here but I’m really struggling to find help and I don’t know what to do!
This is really long to explain so thank you for reading I’m going to try and explain in as much detail as I can but if I miss anything please ask.
On the 17/02/23 I went to take my children to meet a friend at the park and I realised my car wasn’t where I had parked it the previous night I called 999 which they had alerted me that it had been taken for old unpaid fines I said I had only had the car for a week and they advised me to call them and explain I had just brought the car. I called Marstons and was told that it was due to old fines against Alexandra Amuzu (the seller) and was told to submit a third party claim form and evidence which I had done firstly on the 17/02/23. On 20/02/23 I called and the lady who answered who was very rude said they had not received anything and I must re submit everything again which I did. My application was rejected for no V5C which I do not have as I’m awaiting it back from DVLA, I only have the new keeper slip and also they requested a receipt that I didn’t have so I managed to go back to the seller to obtain a receipt on the 21/02/23 which was signed by both me and the seller which I then sent back into Marstons and after a long week of back and forth phone calls and emails they then rejected my application again and informed me that I have to take it to court. I had also requested my personal property out of my car (my children’s car seats and scooters) which they also refused to let me have. Since all of this has happened I have spent everyday trying to get advice on what I should do about this situation that I am in and getting nowhere. This has caused me a lot of stress and inconvenience for me and my children. Prior to this the seller was unknown to me I had no awareness of these fines and I purchased the car in good faith. Marstons have made this process very difficult and frustrating for me to be able to get my property back.
Can anyone advise me of what to do! I do not know anything about court etc why won’t they give my car back
Thank you
MARSTON!
Re: MARSTON!
It looks like you make a third-party claim to a bailiff company under Civil Procedure Rule 85.4, and the bailiff company has refused your claim.
You can now apply to the court for a third-party claim under Civil Procedure Rule 85.5 and ask them to pay your damages for losing use of your car from the date they took it until the date they return it.
Your claim for loss is under section 3 of the Torts (Interference with Goods) Act 1977, and you can ask for the immediate return of your car under section 4 of the 1977 Act.
Your car contains leased goods. You must mention these in your application.
When I bring a third-party claim for a client to recover their car taken by bailiffs, I ask for the following list of items, and the more that can be shown, the stronger the claim will be.
You also need to give in your witness statement, the name and address of the seller, and say a few words giving a chronicle of how you found the car for sale, when and where you went to see it and how the transaction took place, then say what and when the car was taken by bailiffs.
When you have as much of the above information gathered together, this article explains how to make a third-party claim to your car and its contents, and make a claim for losses.
https://stopthebailiffs.uk/interpleader ... R85.4.html
You can now apply to the court for a third-party claim under Civil Procedure Rule 85.5 and ask them to pay your damages for losing use of your car from the date they took it until the date they return it.
Your claim for loss is under section 3 of the Torts (Interference with Goods) Act 1977, and you can ask for the immediate return of your car under section 4 of the 1977 Act.
Your car contains leased goods. You must mention these in your application.
When I bring a third-party claim for a client to recover their car taken by bailiffs, I ask for the following list of items, and the more that can be shown, the stronger the claim will be.
- The flow of money from you, the buyer of the car, to the seller. This is very important because this shows the date the property in the car was transferred from the seller to you. This can be a bank statement screenshot. If you bought the car with cash, then you must explain in your witness statement how and why you had the cash in your possession, its origin, and why you used cash when a bank transfer would have sufficed.
The V5 logbook. I accept the V5 is not proof of ownership, but the judge likes to see it because it shows the date you acquired the vehicle. So have the V5 in your exhibit.
The vehicle maintenance records. This shows what work you have done on the car after you bought it. And if possible, the service history documents that came with the car. Having possession of a car's history file is compelling evidence you own the car.
The MOTs for the car. Like the service history, the MOT history for the car is compelling evidence of you owning the car.
The advertisement for the car. If you bought the car online, on a social media website or on the dark web (app-only based social media), then a screenshot of the original advert showing how you found the car was for sale and got the seller's contact details.
The bill of sale or invoice for thre car. This is the receipt you were given. When you bought the car. It gives the seller's details, which should be the same name and address on the warrant, the date and how much you paid for the car.
The insurance for the car. When you buy a new car, then you would need to drive it home and that needs insurance. If you didn't get insurance on the car or have a trader's policy, then you need to explain in your witness statement how you got the car home after buying it.
The road tax for the car. This is a screenshot taken from the DVLA website to show you got fresh car tax after buying it and how much road tax you paid.
You also need to give in your witness statement, the name and address of the seller, and say a few words giving a chronicle of how you found the car for sale, when and where you went to see it and how the transaction took place, then say what and when the car was taken by bailiffs.
When you have as much of the above information gathered together, this article explains how to make a third-party claim to your car and its contents, and make a claim for losses.
https://stopthebailiffs.uk/interpleader ... R85.4.html