I was wondering if someone could help me with this matter please?
I have been clamped for the umpteenth time by Marstons. Eventhough on neumerous occations they have been given evidence that the vehicle belongs to the finance company, they continue to clamp the vehicle. There has even been an addressed letter to them from the finance company telling them not to clamp the vehicle because the vehicle belongs to them. They never respond when given this information.
I know enforcement companies will always continue to clamp in an attempt to extort money so I think my last choice is to file an injunction.
From various feeds on here I think the best thing would be to file the injunction against the creditor/local authority and not the enforcement agency. Is this true?
I have more than 1 council to file against. Can I do that in one application? Do I only need o complete the N16 A form?
Any advice how to make this application will be greatly appreciated.
Thank you
N16A injunction against bailiff
Re: N16A injunction against bailiff
An injunction is not as straightforward as filing an N16a. Please don't attempt it.
As the creditor to who the bailiff is acting pays your legal costs, you may as well have a solicitor represent you.
I refer all hire-purchase injunction applications to solicitors. They bring the application, then deal with the claim for damages, and after that, a hearing to deal with the costs.
The council who instructed the bailiff usually ends up with a five-figure bill.
The bill gets thrown at the bailiff.
There is another way but helping you prepare it is well beyond the technical scope of an internet forum and free advice websites.
Make a money claim against the creditor.
Take the number of days they clamped your hire purchase car, calculate your general damages and your special damages, then make a money claim online against the council.
General damages are £100 for the first day they clamped the car, then £35 a day until they remove the clamp.
Special Damages must always be supported by evidence.
They include your loss of earnings if the car is used in your work or business. You calculate this by dividing your previous 90 days' earnings or pay slips by the number of days ther car was clamped.
Your wasted hire purchase payments on the car, insurance, car tax, hackney plates, parking permits and other fixed expenses. We divide those by the term, then multiply by the number of days the car was clamped. This gives you the "wasted vehicle expenses".
You can recover £35 for cleaning the sticker the bailiff applied to your car using non-removable glue.
Your taxi receipts, all transport costs and the cost of getting an HPI check on your car. All receipts are recoverable at the cash value. The court cannot discount them when assessing your claim.
If they tow away your car, you claim mileage at 45p a mile each for 2 people going to the vehicle pound and back plus the waiting time at the pound, and time at £19 an hour per person. There is a formula to calculate the cost of recovering a car from a pound.
Alternatively, you can hire a vehicle transport service. They will attend the vehicle pound with a transporter, show your court order and authority to act, or show the vehicle release note. They will make a vehicle condition and inspection report at the pound before loading the car, then transport the car back you to. Their invoice is recoverable as cash.
If the vehicle condition report shows damage to your car that is not on the bailiff's bodyworn video, there is a separate procedure to recover the cost of the repairs and for the number of days, the car is out of service.
As the creditor to who the bailiff is acting pays your legal costs, you may as well have a solicitor represent you.
I refer all hire-purchase injunction applications to solicitors. They bring the application, then deal with the claim for damages, and after that, a hearing to deal with the costs.
The council who instructed the bailiff usually ends up with a five-figure bill.
The bill gets thrown at the bailiff.
There is another way but helping you prepare it is well beyond the technical scope of an internet forum and free advice websites.
Make a money claim against the creditor.
Take the number of days they clamped your hire purchase car, calculate your general damages and your special damages, then make a money claim online against the council.
General damages are £100 for the first day they clamped the car, then £35 a day until they remove the clamp.
Special Damages must always be supported by evidence.
They include your loss of earnings if the car is used in your work or business. You calculate this by dividing your previous 90 days' earnings or pay slips by the number of days ther car was clamped.
Your wasted hire purchase payments on the car, insurance, car tax, hackney plates, parking permits and other fixed expenses. We divide those by the term, then multiply by the number of days the car was clamped. This gives you the "wasted vehicle expenses".
You can recover £35 for cleaning the sticker the bailiff applied to your car using non-removable glue.
Your taxi receipts, all transport costs and the cost of getting an HPI check on your car. All receipts are recoverable at the cash value. The court cannot discount them when assessing your claim.
If they tow away your car, you claim mileage at 45p a mile each for 2 people going to the vehicle pound and back plus the waiting time at the pound, and time at £19 an hour per person. There is a formula to calculate the cost of recovering a car from a pound.
Alternatively, you can hire a vehicle transport service. They will attend the vehicle pound with a transporter, show your court order and authority to act, or show the vehicle release note. They will make a vehicle condition and inspection report at the pound before loading the car, then transport the car back you to. Their invoice is recoverable as cash.
If the vehicle condition report shows damage to your car that is not on the bailiff's bodyworn video, there is a separate procedure to recover the cost of the repairs and for the number of days, the car is out of service.
Re: N16A injunction against bailiff
Thank you for this information.
Can I make a money claim and still persure with an injunction after?
Thanks
Can I make a money claim and still persure with an injunction after?
Thanks
Re: N16A injunction against bailiff
I've never done it in that order before.
Looking at the CPR's I don't see why not.
Looking at the CPR's I don't see why not.
Re: N16A injunction against bailiff
I am hoping to do it in that order as I do not have the funds to begin the injunction service and would use proceeds from the money claim to do so.
I am not eligible for any special fees or reduced fees.
Solicitors I have spoken to request some funds upfront to start off the injunction. They are aware that they can try and recoup the fees after.
If you have any advice on how to get a solicitor to take an injunction to court without any fees upfron please let me know?
Thanks
I am not eligible for any special fees or reduced fees.
Solicitors I have spoken to request some funds upfront to start off the injunction. They are aware that they can try and recoup the fees after.
If you have any advice on how to get a solicitor to take an injunction to court without any fees upfron please let me know?
Thanks
Re: N16A injunction against bailiff
No win no fee. But the claim must be made with the injunction at the same time.
You will have to pay a % of the claim value recovered. You only need to front the £275 application fee and the claim fee for filing at court.
You will have to pay a % of the claim value recovered. You only need to front the £275 application fee and the claim fee for filing at court.
Re: N16A injunction against bailiff
Unfortunately I cant get the upfront fee now so I will have to just make the money claim online.
I will use this money claim to fund my future injunctions (beleive me, i have quite a few stretching back 3 - 4 years). Is there a statute of limitation regarding the ability to money claim or file for an injunction?
Many thanks
I will use this money claim to fund my future injunctions (beleive me, i have quite a few stretching back 3 - 4 years). Is there a statute of limitation regarding the ability to money claim or file for an injunction?
Many thanks
Re: N16A injunction against bailiff
There is a six-year limit for making a claim.
There is no limit for filing an injunction provided the clamp is still on the car.
If there is an extended period from the date the car was clamped to the date the injunction was filed, include in your witness statement an explanation for the delay in bringing the claim.
There is no limit for filing an injunction provided the clamp is still on the car.
If there is an extended period from the date the car was clamped to the date the injunction was filed, include in your witness statement an explanation for the delay in bringing the claim.
Re: N16A injunction against bailiff
Hi,
Im am going to file injunctions on past matters. So I will include the witness statements like you have suggested and explain that I did not know that filing an injunction was even possible and although the bailiffs have been given documents on several occations stating ownership from the finance company, they still continue to clamp the vehicle.
On a side note. Is there a maximum/legal amount of time that a bailiff can leave the clamp on the vehicle after the order to remove the clamp has been put on their system?
I once paid on a Saturday, was told by the bailiff that he was sending someone to take it off on that day, then he did not take it off till the Monday. Can I claim more than the suggested £35 (after the initial £100 for the first day) a day in that circumstance?
Thank you for all your help!
Im am going to file injunctions on past matters. So I will include the witness statements like you have suggested and explain that I did not know that filing an injunction was even possible and although the bailiffs have been given documents on several occations stating ownership from the finance company, they still continue to clamp the vehicle.
On a side note. Is there a maximum/legal amount of time that a bailiff can leave the clamp on the vehicle after the order to remove the clamp has been put on their system?
I once paid on a Saturday, was told by the bailiff that he was sending someone to take it off on that day, then he did not take it off till the Monday. Can I claim more than the suggested £35 (after the initial £100 for the first day) a day in that circumstance?
Thank you for all your help!
Re: N16A injunction against bailiff
You can only injunct against a current clamping event.
You cannot injunct after the clamp has been removed from the car.
You need to make a list of clamping events and identify the council that instructed the bailiff for each event.
Then make a money claim for each clamping event against the instructing council.
Do noty make a claim against a bailiff, or a bailiff company. They will mess you about.
The council pays your claim, and they sort it our with the bailiff company later.
For each clamping event, you measure the number of days the car was clamped and your damages are based on the number of days.
Each clamping event can attract a claim for general damages at £100 for the first day, then £35 a day for each day until the clamp was removed.
The £35 a day depends on the value of the clamped car.
Only this week, a hire purchase Tesla Model 3 landed a council £75 a day for the week it was clamped.
The council wasn't concerned about paying. They have an insurance policy from the bailiff comp[any they can draw their damages from.
You can bump up your claim by claiming Special Damages. Those cannot be discounted by the court, whereas general damages are at court discretion.
You cannot injunct after the clamp has been removed from the car.
You need to make a list of clamping events and identify the council that instructed the bailiff for each event.
Then make a money claim for each clamping event against the instructing council.
Do noty make a claim against a bailiff, or a bailiff company. They will mess you about.
The council pays your claim, and they sort it our with the bailiff company later.
For each clamping event, you measure the number of days the car was clamped and your damages are based on the number of days.
Each clamping event can attract a claim for general damages at £100 for the first day, then £35 a day for each day until the clamp was removed.
The £35 a day depends on the value of the clamped car.
Only this week, a hire purchase Tesla Model 3 landed a council £75 a day for the week it was clamped.
The council wasn't concerned about paying. They have an insurance policy from the bailiff comp[any they can draw their damages from.
You can bump up your claim by claiming Special Damages. Those cannot be discounted by the court, whereas general damages are at court discretion.
Re: N16A injunction against bailiff
I see. I will not move for an injunction then. I will simply use this first money claim to finance all my others. Fingers crossed the claims are not contested and go into a dragged out proceure.
I previously made a FOI request with several bailiff companies. This is how I will find out what councils were responsible for the clamping events of the past.
I think I will raise the daily fee because if £35 is the base and a Tesla received £75, I am confident my vehicle can pass for at least £50 - £60.
What are these 'special damages' you are refereing to please?
Is there any way to do something pre-emptive to stop bailiffs from clamiping hire purchase vehicles?
Because none of these companies have even replied when I have given them a letter from the finance company stating claim and instructing the bailff never to clamp the vehicle again. There must be some sort of court procedure? - I can start a new thread for this question if makes things easier to follow for my fellow readers?
Thanks
I previously made a FOI request with several bailiff companies. This is how I will find out what councils were responsible for the clamping events of the past.
I think I will raise the daily fee because if £35 is the base and a Tesla received £75, I am confident my vehicle can pass for at least £50 - £60.
What are these 'special damages' you are refereing to please?
Is there any way to do something pre-emptive to stop bailiffs from clamiping hire purchase vehicles?
Because none of these companies have even replied when I have given them a letter from the finance company stating claim and instructing the bailff never to clamp the vehicle again. There must be some sort of court procedure? - I can start a new thread for this question if makes things easier to follow for my fellow readers?
Thanks
Re: N16A injunction against bailiff
Please don't go bananas with the general damages.
I've seen claimants claim too much and end up with nothing.
The Tesla 3 claim went £75 a day because it was almost new at £77,000. It was a small part of the overall claim.
The bailiff didn't know a Model 3 can video itself. The bailiff company used a forklift to move the car around the vehicle compound by lifting it by its underbody. It damaged £12,000 worth of underfloor battery.
The bailiff denied everything, but onboard video streamed online in real-time, royally cooked their defence. The court awarded exemplary costs.
Special damages are specific to the client's nature of claim.
You cannot make a pre-emptive action against enforcement impropriety.
The only procedure I know works is to give the pre-action communications before applying at court.
Depending on the solicitor in charge, I have seen some minor variations to the procedure specific to the client’s needs.
I've never seen a DIY injunction applicant succeed. You would be the first.
I've seen claimants claim too much and end up with nothing.
The Tesla 3 claim went £75 a day because it was almost new at £77,000. It was a small part of the overall claim.
The bailiff didn't know a Model 3 can video itself. The bailiff company used a forklift to move the car around the vehicle compound by lifting it by its underbody. It damaged £12,000 worth of underfloor battery.
The bailiff denied everything, but onboard video streamed online in real-time, royally cooked their defence. The court awarded exemplary costs.
Special damages are specific to the client's nature of claim.
You cannot make a pre-emptive action against enforcement impropriety.
The only procedure I know works is to give the pre-action communications before applying at court.
Depending on the solicitor in charge, I have seen some minor variations to the procedure specific to the client’s needs.
I've never seen a DIY injunction applicant succeed. You would be the first.