The enforcement agent (marston) is refusing to remove a clamp even though I have given them a claim to ownership letter from the finance company i.e. the vehicle belongs to them not me.
The agent states that he is allowed to take control of the vehicle because I have an interest in it.
He said that this has been passed by the government.
Is this true? Is there anything I can do to get the clamp removed now?
Thanks in advance
The enforcement agent (marston) is refusing to remove clamp
-
monkeynuts
- Site Admin
- Posts: 146
- Joined: 07 Nov 2012 13:46
- Location: Macclesfield
Re: The enforcement agent (marston) is refusing to remove clamp
On the path to become an 'activist lawyer'
Welfare advisor at national charity
An awake populous is a bailiffs worst nightmare
Welfare advisor at national charity
An awake populous is a bailiffs worst nightmare
Re: The enforcement agent (marston) is refusing to remove clamp
I have given them until 2pm 23rd July to remove the clamp. I have already contacted the court who said they will call me back. I will start the ball rolling but not submit the email until after 2pm.
After filing for an injunction, can I file for the compensation at a later date?
Also, this clamping issue has happened a good number of times. In order to receive any type of costs from the creditor, will I have to file seperat injunctions for each case?
I really dont understand how the bailiff is refusing to remove the calmp even though I and the finance company have given proof that the vehicle belongs to them?
The agent said he can take control of good I have an interest in. Is there any truth to this? And does he have any legal backing to this statement?
Thanks
After filing for an injunction, can I file for the compensation at a later date?
Also, this clamping issue has happened a good number of times. In order to receive any type of costs from the creditor, will I have to file seperat injunctions for each case?
I really dont understand how the bailiff is refusing to remove the calmp even though I and the finance company have given proof that the vehicle belongs to them?
The agent said he can take control of good I have an interest in. Is there any truth to this? And does he have any legal backing to this statement?
Thanks
Re: The enforcement agent (marston) is refusing to remove clamp
When a solicitor files the application for an injunction to remove a clamp from an HP car, it must be accompanied by a statement of truth, a draft order and a schedule of costs.
The court will list the hearing straight away to order the clamp to be taken off the car and a further hearing to decide your damages.
Damages are in four elements.
Wasted vehicle expenses, this is your waster hire purchase payments,m insurance, car tax etc, and accumulate each day the car remains clamped.
Fixed expenses, such as your taxi receipts HPI check, removing a non-removable sticker from the drivers door window, bus and rail fares, etc.
Loss of earnings, if you use the car for work, or as a taxi, etc, yout receding 90 days earnings are used to calculate the daily rate for loss of earnings and recovered for the number of days the car is clamped.
General damages. It's a £35 daily rate for being deprived of the use of the car. Unlike the other three above, this is at the courts discretion, so a solicitor will always ask for it. This is because the hire agreement gives you an immediate right of use to the car and the bailiff deprived you of it.
If you ask a bailiff what the law says they can take control of hire goods, then they say its tribunals courts and enforcement act. There is no legal backing to it.
A 'learned' deputy district judge presiding over a hearing about a bailiff clamping a car that was on hire purchase, got egg on his face when he tried to buck the trend by dismissing an injunction application brought by the hirer, he said:
Whether it’s owned or not is all trivial, bailiffs do this to force the keeper's hand and make them pay up. They know a keeper is not going to let go of a car, whether it is actually legally theirs or it's leased. The bailiff usually doesn’t actually expect to obtain full legal rights over the car.
The hirer appealed to a Circuit judge, added another £5,500 to his legal bill and the clamp was off without further ado.
The court will list the hearing straight away to order the clamp to be taken off the car and a further hearing to decide your damages.
Damages are in four elements.
Wasted vehicle expenses, this is your waster hire purchase payments,m insurance, car tax etc, and accumulate each day the car remains clamped.
Fixed expenses, such as your taxi receipts HPI check, removing a non-removable sticker from the drivers door window, bus and rail fares, etc.
Loss of earnings, if you use the car for work, or as a taxi, etc, yout receding 90 days earnings are used to calculate the daily rate for loss of earnings and recovered for the number of days the car is clamped.
General damages. It's a £35 daily rate for being deprived of the use of the car. Unlike the other three above, this is at the courts discretion, so a solicitor will always ask for it. This is because the hire agreement gives you an immediate right of use to the car and the bailiff deprived you of it.
If you ask a bailiff what the law says they can take control of hire goods, then they say its tribunals courts and enforcement act. There is no legal backing to it.
A 'learned' deputy district judge presiding over a hearing about a bailiff clamping a car that was on hire purchase, got egg on his face when he tried to buck the trend by dismissing an injunction application brought by the hirer, he said:
Whether it’s owned or not is all trivial, bailiffs do this to force the keeper's hand and make them pay up. They know a keeper is not going to let go of a car, whether it is actually legally theirs or it's leased. The bailiff usually doesn’t actually expect to obtain full legal rights over the car.
The hirer appealed to a Circuit judge, added another £5,500 to his legal bill and the clamp was off without further ado.
Re: The enforcement agent (marston) is refusing to remove clamp
Unfortunately the initial cost for the injunction is upwards of £2000 of which i do not have immediately.
The barrister' clerk suggested that I pay the £500 to remove the clamp and then they will assist me in going after all the costs of previous clampings plus this one.
I have not paid yet but may do today because there are family matters that I cant ignore and I require the vehicle.
I appealed to the councils that instructed to bailiffs. One asked for the removal of the clamp but the other is really dragging their feet so I cant wait for them as they know they have 10 days to reply and even when they do, their decision may not be to remove the clamp.
Now it is the weekend, my options are limited even more.
The barrister' clerk suggested that I pay the £500 to remove the clamp and then they will assist me in going after all the costs of previous clampings plus this one.
I have not paid yet but may do today because there are family matters that I cant ignore and I require the vehicle.
I appealed to the councils that instructed to bailiffs. One asked for the removal of the clamp but the other is really dragging their feet so I cant wait for them as they know they have 10 days to reply and even when they do, their decision may not be to remove the clamp.
Now it is the weekend, my options are limited even more.
-
Susan Smith
- Posts: 3
- Joined: 12 Sep 2021 07:58
Re: The enforcement agent (marston) is refusing to remove clamp
Morning all. I've read so much stuff on this subject and I've read that if you pay the relevant council for the PCN after the bailiffs have been instructed that the enforcement power ceases to be bound. Has anyone done this? if so was the clamp removed when the bailiffs were advised of the same? Our issue isn't against Marston but Bristow and Sutor.
Our car is on HP (3yrs to go on a 4yr HP plan) no deposit was paid when we bought the car, £150 trade in for our old beat up car so there is absolutely no beneficial interest to us in the car as it's worth less now than when we bought it. Hubby did appeal the PCN and then lockdown happened and he never heard anything further (he has the emails he sent to the council). Bailiff's came and demanded a large sum of money or they would clamp the car. Hubby managed to agree a payment plan which was adhered to fully until he missed 1 payment in August (mind on other things, our daughter who is disabled and lives at home is in and out of hospital and has had to undergo various medical procedures. She is actually having further surgery next week. The car is also essential to his work. He is employed as a live in carer working 3 days on, 3 days off and it is part of the terms of his employment that he has to have a vehicle. Due to the missed payment the Bailiff came back on Wednesday and clamped the car. Refused to discuss options to pay demanding a huge amount of money to remove the clamp. He is now refusing to discuss with husband terms to remove the clamp. Hubby has phoned Bristow and Sutor numerous times to try and resolve the issue and they just keep telling him that they can't discuss it until the Bailiff has reported back to them.
Sorry if this is a bit disjointed, at our wits end, hubby is due home this morning from his 3 days away and is going to try and speak with Marston and Sutor again. Any advice as to what we can do would be greatly appreciated.
Thank you.
Our car is on HP (3yrs to go on a 4yr HP plan) no deposit was paid when we bought the car, £150 trade in for our old beat up car so there is absolutely no beneficial interest to us in the car as it's worth less now than when we bought it. Hubby did appeal the PCN and then lockdown happened and he never heard anything further (he has the emails he sent to the council). Bailiff's came and demanded a large sum of money or they would clamp the car. Hubby managed to agree a payment plan which was adhered to fully until he missed 1 payment in August (mind on other things, our daughter who is disabled and lives at home is in and out of hospital and has had to undergo various medical procedures. She is actually having further surgery next week. The car is also essential to his work. He is employed as a live in carer working 3 days on, 3 days off and it is part of the terms of his employment that he has to have a vehicle. Due to the missed payment the Bailiff came back on Wednesday and clamped the car. Refused to discuss options to pay demanding a huge amount of money to remove the clamp. He is now refusing to discuss with husband terms to remove the clamp. Hubby has phoned Bristow and Sutor numerous times to try and resolve the issue and they just keep telling him that they can't discuss it until the Bailiff has reported back to them.
Sorry if this is a bit disjointed, at our wits end, hubby is due home this morning from his 3 days away and is going to try and speak with Marston and Sutor again. Any advice as to what we can do would be greatly appreciated.
Thank you.