Bailiff has clamped my hire-purchase car

[Jacmark2555]

Hi I have come on after looking for some advice, I have come home to find out a ballif has clamped my car due to unpaid parking fines from my local council.

The total amount including the ballif fees is now £1,200, I rang the ballif who told me I can pay £800 by this evening for the clamp to be removed otherwise he will add another £150! Even though I have told him it’s on finance he said he can still clamp it but can’t tow it away

Where do I stand with this? I really can’t afford £800 by today and would prefer to settle it with monthly payments and I really need my car back but the ballif is not giving in

I rang the head office of the enforcement company but they have said I have to deal with the ballif directly

Will I get in trouble if I remove the clamp myself?

[Syd Snitkin]

You need to clarify the status of the car - is it personal finance, hire purchase or personal contract purchase?

[Jacmark2555]

It is hire purchase

[zeke]

You need to apply for an injunction.

Only today a bailiff company (This time, Marston) lost yet another defence trying to overturn an injunction and has to pay costs, and the case is listed for a further hearing to decide the claim for damages.

Bailiff companies get no change of £8000 when the courts clear the matter up, so I am surprised bailiffs are risking such large sums of money clamping HP cars, let alone rack up a huge bill by frustrating the legal process that follows.

Contact me for a telephone consultation and I will talk you through the process and appoint a solicitor to bring the claim at the subsequent hearing.

[Jacmark2555]

Thanks for your replies
I have been on the phone to citizen advice today who said they should not be clamping my car, however I spoke to my finance car company who said they can clamp the car but not take away so I’m confused which is true?

Can they legally clamp it?

The bailiff is now saying he will accept £500 by tomorrow and £300 next week and the rest on a payment plan but I still can’t pay it after losing my job last month

[John The Baptist]

They cannot clamp your car in order to hold a gun to your head to force you to pay money that you cannot afford.

If you don't want to go down the injunction route, you can instigate a formal complaint to the council.

Do it via email, marked "urgent" and find out the head of revenues/finance or CEO email address and send it to them. Copy the bailiff company in.

Explain that the vehicle is on HP and that it should not have been taken into control as the bailiff may only do so to goods of the debtor. The vehicle is the property of the HP company. You will have to offer a repayment plan that is affordable and sustainable and it must be sensible (not £1 per week)

Quote Paragraph 1(1) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007:

(1)Using the procedure in this Schedule to recover a sum means taking control of goods and selling them to recover that sum in accordance with this Schedule and regulations under it.

As the car cannot be sold, it should not have been clamped. You can also quote Paragraph 10 of the same schedule:

10 An enforcement agent may take control of goods only if they are goods of the debtor.

Who is the bailiff company?

[Jacmark2555]

Thanks John I will have a look into doing that this evening
It is Excel Enforcement Company

[John The Baptist]

Ok - You need to check the T&Cs of your agreement - They will almost certainly have stuff along the lines of you agreeing to pay all penalties incurred and that you won't allow the vehicle to be controlled. Don't worry too much about this but be aware of it.

Suggest that the council instruct the bailiff to agree to enter into a controlled goods agreement whilst this complaint is being investigated. Include the copy of the CA page that states that HP cars cannot be controlled. Also add that if the car were to be sold, there wouldn't be enough proceeds to buy out the agreement (assuming that this is correct). Also include a copy of the HP contract in the mail.

Finally, work out how much the car costs you on a daily basis (repayments, insurance and road tax) Ask that this amount be deducted from the debt as the car should never have been clamped in the first place.

[zeke]

I recommend giving the bailiff company notice the car is on HP. That starts the clock as far as your damages claim goes. Its typically £100 a day or the loss of earnings from the loss of the car if greater. You can use this to set off the sum the bailiff company seeks from you.

I've not seen an Excel HP injunction before. It would be the first that I know about.

[John The Baptist]

Emailing the council and CCing in Excell with a copy of the contract IS giving them notice.

[pubmaster1]

Hi could you give me a call please I have had my car clamped today even though I have offered payment and to prove my car is on finance
Thank you
Phone number 07729524705

[zeke]

Follow this.

https://www.nationalbailiffadvice.uk/In ... P-Car.html