Help Car has been Clamped

Quash the Liability Order. Suspend Enforcement. Disputing Liabilities. Claim Damages for Misuse of Enforcement Power.
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Odbod1
Posts: 2
Joined: 16 Nov 2020 16:47

Help Car has been Clamped

Post by Odbod1 »

Hi,

Can you help? I had a knock at the door this morning from a bailiff chasing an 11 year old council tax debt. He said I have to make the payment in full which is a lot. I advised I couldn’t do that he then said is that your car. I said no it’s my husbands and it is HP he then said oh he has got a debt too and clamped his car. He only gave me paperwork for the old council tax debt which is just in my name and no paperwork what do ever mentioning the car or what to do next. He then came back a couple of hours later and starting hammering aggressively on the door. I didn’t open as to be honest he scared me. My husband then called him and asked him to remove the clamp as it’s nothing to do with him and he said. I have a letter here for you too. We have since heard nothing. I called the council who advised the debt mentioned on my letter is just in my name and they wasn’t really interested as it is so old and been passed in to the bailiff. 😭😭
Odbod1
Posts: 2
Joined: 16 Nov 2020 16:47

Re: Help Car has been Clamped

Post by Odbod1 »

I also explained to the bailiff that I needed my car to get my children to school and did offer to pay some money so that he didn’t clamp the car
zeke
Posts: 245
Joined: 30 Jul 2012 21:23

Re: Help Car has been Clamped

Post by zeke »

An 11 year old council tax might be statute barred, because council tax is a statutory debt, and section 9 of the Limitation Act 1980

The liability order doesn't have an end-date, because the law only nullified the debt owing rather than the enforcement power.

If the car does not belong to the debtor or the car is on hire purchase, there are remedies available.

Otherwise you will have to approach the council with a state 1 formal complaint and ask them to stop the enforcement because the liability order being enforced by the bailiff has a statute barred debt.
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