Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)
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  1. #1
    Basic Account Holder Gatto77 Novitiate

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    Angry How long can bailiffs leave my car clamped?

    My car was clamped at 5.30am this morning, together with paperwork put through the letterbox for an unpaid pcnicon. 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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  2. #2
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    Default Re: How long can bailiffs leave my car clamped?

    Hi Gatto,
    Any news, it is 18.00hrs has the clamp been removed, do you need to use your car urgently if so you could consider clicking on the red triangle, this will open a pop up window, you can leave a message for the site team I am sure they can direct a forum member with expertise to your post.

    Andy

    Advice is based on my personal opinion, and what I have learnt from this forum.
    If you need legal advice please consider consulting a lawyer.

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  3. #3
    Basic Account Holder Gatto77 Novitiate

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    Default Re: How long can bailiffs leave my car clamped?

    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 callicon, 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.....<sound of phone being hung up>

    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


  4. #4
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    Default Re: How long can bailiffs leave my car clamped?

    I am pretty sure there is a difference between clamping and seizing goods. They have not seized the car with the intention of selling it to pay the debt but immobilised it until you pay the fine, therefore ownership is not relevant since your agreement says you are liable. Having said that once the TEC has received the Stat Dec all enforcement of the fine should cease.


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    Default Re: How long can bailiffs leave my car clamped?

    I am surprised that the bailiff has not removed the clamp....most that we deal with would normally return to tremove the clamp within a few hours of receiving confirmation from the local authority that the Out of Time had been filed.

    The Out of Time is of course a "feezing action" and clause 8.1 of part 75 of the CPR rules specifically state that the local authority must cease all enforcement when an application has been filed. This would mean that the vehicle cannot be put of a tow truck and removed.

    Did the bailiff leave a Notice of Seizure of goods & Inventory and a copy of the warrant of execution ? He MUST by law do this.

    If you send me a PM with the name of the bailiff and the firm he works for, I will check our database to ensure that he is certificated.



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