Bailiffs clamp my partners car

[kiptower]

contact the court and tell them a bailiff from the company has visited you insisting/telling you that you should drop the complaint,

 

comments like this ,"he said if i dont pay in 5 days he will make arrangements for gaining entry" is a threat as they know there is a form 4 complaint before the Court

 

and that you feel this is harrasment and intimidation,

 

I did alert TOMTUBBY to this thread , she wil probably give you better wording in what to say to the Court

[seanamarts]

Yet again police doing the wrong thing by way of the bailiff actions when will they learn that its the bailiffs breaking the law not the debtor. Looks like though that you have the bailiff company running scared as they know they are in the wrong. keep at it dont let them win and as for your council I hope you complain to the highest level of their complaints proceedure and if that dosnt work get the council obmudsman involved. This is disgusting behavior by not only the bailiffs but the police as well.

The council are not oblidged to take back the debt but there is nothing stopping you from paying it to them, best do it online, keep copies or screen shots of your transaction.

[letsmakeamark]

The op needs to video everything that is being said.

[rainymaggot]

I tried speaking to ombudsman but they said i have to make a complaint to the council first which will take about 3 months. So i have started doing this. I phoned the bailiff today and asked why the levy is still on my partners car if they are demanding money he said its because they wont remove the levy until satisfied. He said he knows it is an unconveience to my partner so wont release the levy on his car!! I phoned the court who told me to phone community legal advice which i have done and waiting for urgent call back.

When i phoned the bailiff he told me if he sees my partners car he will clamp and remove it then he will check who the owner is. I think they already know full well the car is solely my partners i think its just a threat but my partners worried they will clamp it again so yet again car is in hiding.

The bailiff said he wants £100 a month or he will gain entry into my house by other means and will involve the police. This has got us really worried now.

I just dont know what to do anymore. I am willing to pay the council £60 a month for this bill and with another bill that would be £100 a month. I dont want to pay it to the bailiff as i think they are going to take their fees and pass it back to the council.

 

What do i do????

 

Please help ill do anything it takes.

[seanamarts]

OK the first thing you need to do is write to your council out lining everything that has been done so far, its best to email them at this stage then follow up with a written letter headed in big writing COMPLAINTS. Look on your councils website on who best to complain to it may even be worth writing a letter to your councillor their email should also be on their website.

Write/email a letter of complaint to the bailiff company also out lining every thing that has happened so far. Also ask for a break down of their charges.

Unless the bailiff has previously gained a PEACEFUL entry to your home then there is no way in hell that he can force his way in to your home, not even with a lock smith, but keep all doors locked as they can walk in through an open door or window. As for taking your partners car.. HE CANNOT DO THIS!!!!!! He is fully aware who this debt belongs to and who the car belongs to so he cannot take his car and he cannot clamp it either especially if he already knows this. Make sure you find out if he is certified and if he is just let the bailiff company know that you are preparing a form 4 complaint with regards to their bailiffs behaviour and are fully prepared to go ahead with this complaint if their investigations are unsatisfactory.

so get writing and make sure you tell the council every thing that has happened so far, send copies of both letters/emails to both parties so both know that you are incontact with them. Thats all I can advice at this time.. it is a wait sometimes but in the meantime keep doors locked and dont let them in.

[rainymaggot]

Right here is what i have done so far....

 

I have now written a letter of complaint to the complaints department at the council.

I have written to both the council and bailiffs saying i will pay the council direct.

I did write to local councillor who fobbed me off saying i should hand back the car!!! ITS NOT MY CAR to hand BACK!!!! God these people dont listen.

I copied the letter from page one on my thread to send to both council and bailiff but what i need to know is, he is due back tomorrow for his £100 a month ha ha so what can he do knowing full well i have sent the letter? I know to keep all doors and windows shut but in the letter it says if he comes round i will phone the police but i dont think they will do anything will they???

I also contacted the court who said they didnt know if he could come round demanding money while there is a court case going on. So i think ill phone again and say hes harrassing me because purely he is.

So when he turns up he will know about the letter but what do i do? Do i call the police?

[seanamarts]

he may not turn up at this stage.. if he does you dont have to answer him at this stage. as for your councillor personally i would print off every thing about bailiff law and send it to him out lining everything that the bailiff has done wrong so far....

i did this and sent copies to the council, bailiff office and police.

they do go a little red faced a bit but i found they actually take a little more notice of you.

[Mrs E Blackadder]

Hi Rainymaggot. The bailiffs cannot take the car if it is not yours and the debt is in your name. If you have proof that the car is not yours then when you show it to them then they must take heed. If they remove it when they know that it belongs to someone else then they are in the wrong and you could probably do them for theft. Magistrates courts bailiffs are bully boys and as they stand to profit from your misery they will do anything to get their money. (They are employed on behalf of the magistrates court but not actually by them. County Court bailiffs are actually employed by the court and tend to be a little kinder in their outlook! Not always, but sometimes) Tell the bailiffs that you have contacted the police and that you will not hesitate to call them again if the bailiff continues to insist he can take the car. As a note though, they can take goods that do not belong to you if it isn't clear that they are not yours, and you then have to provide proof to get them back. If however you have provided the necessary proof ( I should think that there are car registration documents in your other halfs name) then they are on very dodgy ground. Good luck.

[domtheman7]

How are you getting on?

 

It sounds like a case for an injunction from where I am sitting. Also sounds like a case for compensation against the police, by your boyfriend (the law reports are full of cases like this where the police act completely wrongly by mis-understanding civil law).

 

BUT it does need to be clear. When you say it's your boyfriends car, and your debt, but connected to him, it would help to be 110% clear about some facts.

 

1) Is there ANYTHING linking this car to you? Is there any evidence which they could show to a judge and say "look sir, we honestly thought it was jointly owned because XYZ".

 

2) Do you drive?

 

3) Do you have the original order from the Magistrates? Was it a "liability order" or some other form of order? What did it say on it?

[rainymaggot]

Hi

 

just to let everyone know i am in court this week its my form 4 complaint against the bailiff.

to the last post i would like to say there is no evidence linking me to my partners car. Its in his name he purchased it solely in his name he is the only one named on the insurance and no i dont drive i only hold a provisional licence.

The liability order is only in my name as we had to have lived together for a year before he could go onto my tenancy, and its only now that we have lived together a year.

So wish me luck and i will post again once i have been to court with an outcome.

Thank you for all your help and suggestions.

[hallowitch]

good luck and I'm sure i can say that from all in the bailiffs forum

[nish40]

Only just read this thread so good luck.

[rainymaggot]

Well we have been to court and the judge made his decision and said they cannot take my partners car. Unfortunately he did not lose his certificate or get a suspension and him and his boss fought to the bitter end even trying to dictate the law to the judge. My partner got compensation but its such a small amount im embarrassed to put how much on here!

Next im going for the council and the police.

[seanamarts]

it dosnt matter how much you got or the fact whether the bailiff has kept his job .. you stood your ground because you knew you was right and the judge sided with you on that. good luck with the council and the police.. and well done

[hallowitch]

it dosnt matter how much you got or the fact whether the bailiff has kept his job .. you stood your ground because you knew you was right and the judge sided with you on that. good luck with the council and the police.. and well done

 

 

I totaly agree you should be proud of yourslf

[rainymaggot]

Thank you we are proud of ourselves because we showed we would not be bullied by these people. The car doesnt belong to me and the Judge made his decision based on fact. Im glad its over with now. Thank you to everyone for your help. I will keep you posted on my quest against the council.