Bailiff clamped my car - help please me

[Stressedmrsm]

Hi all, we had a bailiff turn up a few months ago over a parking fine which hadn't been paid. The correspondence didn't come to the new house even with re- direction in place.

Anyway, we set up a payment plan and have missed a payment last month (husband was let go of at work)
New job straight away and gets paid Friday.

Bailiff turns up today, tells me I need to pay right now or he is coming in and taking goods or clamping the car.
And adding £150

I call my husband who comes home early

He's rude to both of us and no amount of talking to him is working.
I said I would pay in full on Friday. Even if I pay it myself, it will be resolved.
He gets out the clamp, I plead with him, I have 5 children and I'm in a very rural location, so a car is vital.
I tell him the car is in fact on finance and I didn't think it was allowed, he said he will do what he wants.
Calls his office on loudspeaker, then mentions the finance and as they respond he turns it off loudspeaker
He turns his camera off

He puts the clamp on, won't take it off, and has left us with it.

Said we provided no proof that the car was on finance and he can do what he wants, we tried to show him the proof. He wouldn't look up.

I've emailed the office where he was from and sent everything over to show and explained that I will pay Friday. Nothing.

Can they do this? Is it allowed?

Thank you

[Stressedmrsm]

Hi all, we had a bailiff turn up a few months ago over a parking fine which hadn't been paid. The correspondence didn't come to the new house even with re- direction in place.

Anyway, we set up a payment plan and have missed a payment last month (husband was let go of at work)
New job straight away and gets paid Friday.

Bailiff turns up today, tells me I need to pay right now or he is coming in and taking goods or clamping the car.
And adding £150

I call my husband who comes home early

He's rude to both of us and no amount of talking to him is working.
I said I would pay in full on Friday. Even if I pay it myself, it will be resolved.
He gets out the clamp, I plead with him, I have 5 children and I'm in a very rural location, so a car is vital.
I tell him the car is in fact on finance and I didn't think it was allowed, he said he will do what he wants.
Calls his office on loudspeaker, then mentions the finance and as they respond he turns it off loudspeaker
He turns his camera off

He puts the clamp on, won't take it off, and has left us with it.

Said we provided no proof that the car was on finance and he can do what he wants, we tried to show him the proof. He wouldn't look up.

I've emailed the office where he was from and sent everything over to show and explained that I will pay Friday. Nothing.

Can they do this? Is it allowed?

Thank you

[russelldurose]

They cannot clamp or do a Warrant of Control on any car on Finance. Call the creditor, the Council with a Complaint, email for the Complaint Process Stage 1, then demand that the Council order the bailiff to unclamp the vehicle in view that legally the car does not belong to you but the finance company.

[russelldurose]

Or do a out of time Stat Dec saying you received no correspondence regarding the original fine, sworn in front of the local solicitor, this kills the enforcement dead if you send it to the TEC. You must pay £5 for this. Send via recorded delivery. This will kill off the enforcement.

[Stressedmrsm]

Thanks lovely.

I didn't think he had grounds to do this. I'm stuck at home now with my children in the holidays, what if he won't come back. Thank you for replying

[russelldurose]

He will come back to tow the vehicle away if pushed...you must stop this

[zeke]

The car is on finance, and you can get an injunction to order the bailiff to return control of the car.

It's done in three stages.



The first stage is an informal stage, but necessary under the Pre-action protocol.

Send a text message to the bailiff and an email to the bailiff company telling them the car is on finance and ask them to return control of it ASAP.

You must attach to the email to the bailiff company, evidence of the car finance agreement and a screenshot of the finance balance owing on the car.

Take a photograph of the clamped car showing the wheel clamp and the number plate in the same picture and a photograph of any document given by the bailiff relating to the clamping of the car. You may need to show them to court.

Gather the payments on the finance and work out how much the finance is for each day they clamp the car.

Gather the car's insurance premiums and car tax and work out their daily cost.

These are called your wasted vehicle expenses.

Collate all your expenses for meeting alternative transport arrangements, taxi's car rental and other disbursements. They call these special damages.




The second stage, the Injunction application at court.

If the car is still clamped 24 hours later, or the bailiff acknowledges your text message, whichever is sooner, you instruct a solicitor to apply for an injunction.

The court will put a temporary stop on the enforcement and order control of the car to you. The solicitor will send a copy of the order to the bailiff and the bailiff company.

The court will list a date for your special damages and wasted vehicle expenses to be decided together with your legal fees.




The third stage, your costs and damages claim.

At the hearing which they invite bailiff and the bailiff company to attend. They send a solicitor. A solicitor represents you so you need not attend. The bailiff company's solicitor can't try to haggle you to drop your claim.

The court will decide your costs and give the bailiff company 14 days you pay.

They pay the money to your solicitor, who pays you your wasted vehicle expenses and special damages.


A plus side, the debt being enforced is usually a commercial write off because it is no longer financially viable to continue enforcement.

[Stressedmrsm]

The car is on finance, and you can get an injunction to order the bailiff to return control of the car.

It's done in three stages.



The first stage is an informal stage, but necessary under the Pre-action protocol.

Send a text message to the bailiff and an email to the bailiff company telling them the car is on finance and ask them to return control of it ASAP.

You must attach to the email to the bailiff company, evidence of the car finance agreement and a screenshot of the finance balance owing on the car.

Take a photograph of the clamped car showing the wheel clamp and the number plate in the same picture and a photograph of any document given by the bailiff relating to the clamping of the car. You may need to show them to court.

Gather the payments on the finance and work out how much the finance is for each day they clamp the car.

Gather the car's insurance premiums and car tax and work out their daily cost.

These are called your wasted vehicle expenses.

Collate all your expenses for meeting alternative transport arrangements, taxi's car rental and other disbursements. They call these special damages.




The second stage, the Injunction application at court.

If the car is still clamped 24 hours later, or the bailiff acknowledges your text message, whichever is sooner, you instruct a solicitor to apply for an injunction.

The court will put a temporary stop on the enforcement and order control of the car to you. The solicitor will send a copy of the order to the bailiff and the bailiff company.

The court will list a date for your special damages and wasted vehicle expenses to be decided together with your legal fees.




The third stage, your costs and damages claim.

At the hearing which they invite bailiff and the bailiff company to attend. They send a solicitor. A solicitor represents you so you need not attend. The bailiff company's solicitor can't try to haggle you to drop your claim.

The court will decide your costs and give the bailiff company 14 days you pay.

They pay the money to your solicitor, who pays you your wasted vehicle expenses and special damages.


A plus side, the debt being enforced is usually a commercial write off because it is no longer financially viable to continue enforcement.

Hi, wow thank you for that detailed response.

I have emailed the council in question, sent a text message to the agent last night - no response

After he left last night I sent the office he came from all the documents we had regarding the finance, they replied it wasn't enough so we have sent everything we have.

It was a picture showing the company, husbands name, car, reg, full amount of the finance, the outstanding balance, how many payments had been made everything but wasn't enough apparently.

I'm going to call CAB shortly

I don't know what I can go to stop him towing the vehicle away I have massive farm gates either side of the farm but no way of securing them with a lock or anything, I can't even get out to get a lock now.

Do you suggest I call a solicitor today, regarding the injection? Thank you

[zeke]

Yes, start work and do the pre-action notice now.

Don't bother with the CAB. They will give you a list of local solicitors with no experience in the 1977 Torts Act.

Here is the procedure: https://www.nationalbailiffadvice.uk/In ... liffs.html

[Stressedmrsm]

Thanks. I did manage to talk to cab and they have mentioned a few things his done wrong like not getting me to sign a controlled goods agreement or something with an inventory?

Not looking at the finance agreement

Possibly adding the incorrect charge

They have said I should complain to the enforcement company and the council

I will look at the link now. Thank you.
Do I need to pay £35? As I have no money until Friday. Embarrassing

I also put this thread on another forum and everyone is telling me so seek advice from Bailiffadviceonline is that not the one that's mentioned on a few threads on here as having incorrect information? They said I need to speak to someone called Sheila? Thanks so much

[Stressedmrsm]

He's been back, taken the clamp off and left. Didn't knock. I was frightened and hid with the kids upstairs. How embarrassing

[zeke]

The bailiff didn't want to take the risk.

Marston Group Ltd got another costs order this morning for clamping another hire purchase car.

It's a regular thing for them to clamp and run.

Most are released at the pre-action stage.

[zonnard]

hey did what sid you send exactly to marston ? I have the same issue hp car clamped by them