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Gatto77

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  1. Fortunately I don't need the car for work....or for a few days in fact, thankfully! I had a couple of conversations with the bailiff today. I left a copy of the finance agreement on my doorstep as I had to go to work, and I told the bailiff this on my first phone call, I also informed them that the car belonged to the finance company and they could satisfy themselves of this by reading the documentation. Incidently they clamped the car just after 5 am and didnt knock on the door....I don't know if they are supposed to....or if they aren't allowed to knock before a certain hour? At approx 4pm they came back to the house and my brother observed them taking the paperwork and reading it in their car. They then put the paperwork back through the letterbox and drove off leaving the clamp in place. I telephoned them again and asked them where we now stood. They said that nothing had changed and that according to a clause in the paperwork I was liable for any fines due to be paid against the car. I pointed out that they were trying to bamboozle me as this did not mean that the finance company gave them the right to take a 30k car for a £500 fine it simply mean that I was liable to the finance company for fines etc. I also pointed out that they had undermined their own argument as clearly they were admitting knowledge that the car belonged to the finance company. I also pointed out that stat dec and OOT were being filed and would be faxed to them this afternoon which they were. They tried the usual wind ups and arguing about what was in the stat dec which is clearly nothing to do with them. I finished by insisting that as they had demonstrated that they knew the car was not mine they didn't have a valid seizure of the vehicle and that if they didn't remove it by tomorrow afternoon I would take further action. The end of the conversation was: ME: so are you going to remove the clamp? THEM: I might..... It was a pretty heated conversation I feel I am on strong ground but I don't know whether I have provoked them into removing the vehicle or frightened them into removing the clamp, so I will wake up worried tomorrow... Have I done the right thing? Thoughts and observations welcome
  2. My car was clamped at 5.30am this morning, together with paperwork put through the letterbox for an unpaid PCN. I telephoned the bailiffs company to tell them that I had filed a statutory declaration and and out of time declaration which I did only yesterday. I also informed them that the vehicle was owned by a finance company, and left a copy of the finance documents on the doorstep, and asked them to return and remove the clamp. They said "we will make our own enquiries". I am wondering firstly what their next tactic will be, and secondly, how long can they leave the vehicle clamped . In theory would it not be against their interests to return and have it proved to them that they cant take the vehicle? Therefore could they just leave it clamped in the hope that I pay in any case? Any advice gratefully received
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