My car that is on hire purchase has been clamped several times even when the bailif has been told or given proof or sometimes already knows that the vehicle is on HP.
Mostly the payment has been made out of convenience. Once the agent took it off after being told he was clamping illegally.
The most recent case, I went to the police station to report the unlawful clamping but they were usless. Are they not here to investigate things that are against the law? The clamp was removed because they called the agent to get information (not to tell him he was doing something illegal) and he must have got scarred so he took the clamp off.
Is it still possible to sue the enforcement agent companies (Newlyn and Marstons) for taking control of goods they know and/or have been told are on HP?
Can i sue
Re: Can i sue
You can sue for the loss of use of the car for each day the car was clamped.
The claim amount is £25 a day for each day the car is clamped, plus your wasted expenses.
Wasted expenses are calculated on a daily basis fort each day the car was clamped, and includes,
You can claim special damages, these include
This list is not exhaustive, but gives you an idea of the numbers involved.
You make a claim against the council. Never against the bailiff company - they will mess you about and frustrate the proceedings with angry letters.
The council is compensated afterwards through the bailiffs public liability insurance.
The claim amount is £25 a day for each day the car is clamped, plus your wasted expenses.
Wasted expenses are calculated on a daily basis fort each day the car was clamped, and includes,
- Hire purchase payments
Car tax
Car insurance
Parking permits.
You can claim special damages, these include
- Loss of business from being deprived of the use of the car. Eg. if you use it as a minicab or taxi
Rental car
Travel costs, taxi, train and bus fares
This list is not exhaustive, but gives you an idea of the numbers involved.
You make a claim against the council. Never against the bailiff company - they will mess you about and frustrate the proceedings with angry letters.
The council is compensated afterwards through the bailiffs public liability insurance.
Re: Can i sue
Many thanks for the information.
I would like to ask, what is the name of the claim I need to proceed with? I dont want to make the mistake of starting the wrong legal proceedings.
I will probably go to a county court as I dont think they will take this case in a magistrates court.
It is just very disappointing that the baliffs can perform an act that is against the law but there are limited proceedings the affected public can take, which does not deter such companies from doing so.
Against the law is against the law. How can the police take an ambiguous stance in this matter. It seems they pick and choose which laws to enforce which is sad.
Thank you again for your advice!
I would like to ask, what is the name of the claim I need to proceed with? I dont want to make the mistake of starting the wrong legal proceedings.
I will probably go to a county court as I dont think they will take this case in a magistrates court.
It is just very disappointing that the baliffs can perform an act that is against the law but there are limited proceedings the affected public can take, which does not deter such companies from doing so.
Against the law is against the law. How can the police take an ambiguous stance in this matter. It seems they pick and choose which laws to enforce which is sad.
Thank you again for your advice!
Re: Can i sue
If you are the debtor (named on the warrant) then make an application on form N244 under Civil Procedure Rule 84.13. You may as well have a solicitor do it because the other party pays your costs.
If you are not the debtor, make a part 7 money claim by making a claim online through money claim online.
If you don't want to instruct a solicitor, then make a part 7 money claim, there are no solicitors costs involved.
If you bring a part 7 claim, a solicitor for the creditor might argue it's an abuse of process. You can apply to dismiss that claim because it's already been ruled that the defendants choice of remedy is not the exclusive remedy. Steel Linings Limited, Mark Harvey v Bibby & Co EWCA WL 964281
In any case, never litigate a bailiff company. Name the creditor - the council(s) as the defendant, and they can settle because the bailiff company has lodged a £10 million public liability policy with them, and they can claim their loss from their policy.
Bailiffs don't like giving out their full name and addresses anyway. Its Mr Name and hide behind a PO Box address. The cost of investigating his true name and address cannot always be recovered as costs.
If you are not the debtor, make a part 7 money claim by making a claim online through money claim online.
If you don't want to instruct a solicitor, then make a part 7 money claim, there are no solicitors costs involved.
If you bring a part 7 claim, a solicitor for the creditor might argue it's an abuse of process. You can apply to dismiss that claim because it's already been ruled that the defendants choice of remedy is not the exclusive remedy. Steel Linings Limited, Mark Harvey v Bibby & Co EWCA WL 964281
In any case, never litigate a bailiff company. Name the creditor - the council(s) as the defendant, and they can settle because the bailiff company has lodged a £10 million public liability policy with them, and they can claim their loss from their policy.
Bailiffs don't like giving out their full name and addresses anyway. Its Mr Name and hide behind a PO Box address. The cost of investigating his true name and address cannot always be recovered as costs.
Re: Can i sue
Thank you sooo much.
I will try to begin proceedings.
I will try to begin proceedings.
Re: Can i sue
Doing a CPR 84.13 application as a litigant in person is not recommended.