Whyte & Co Bailiff clamped car not belonging to me anymore

[NewhamBoy]

Hi guys,

 

I just want to say i'm real newbie! Havent been driving long but got clamped a few days ago by a whyte and co bailiff for a parking ticket going back to November 2008. Never recieved any letters from the court or bailiff just woke up to find "my car" clamped. The problem is i no longer own the car as the Hire Purchase company cancelled my contract and requested i return the car to them asap. I told the bailiff and he has yet to remove the clamp on the car even though i have sent his office proof that the car no longer belongs to me. My aim was to negotiate with my hire purchase company as i have started a new job and in a month can pay off the outstanding fee.

 

The bailiff is requesting £289.01. Where do i go from here? Is there a appeals process? Do they have any right to clamp a car that no longer belongs to the original "debter". I no longer drive it as my insurance ran out but I can't even send it back to hire purchase comapny as its clamped and im worried if negotians fail with them later today they will leavy more charges on me if i can not return the car to them.

 

ANyone with any help would greatly be appreciated! Thankyou guys!

[the_freedom_trail]

Hi guys,

 

I just want to say i'm real newbie! Havent been driving long but got clamped a few days ago by a whyte and co bailiff for a parking ticket going back to November 2008. Never recieved any letters from the court or bailiff just woke up to find "my car" clamped. The problem is i no longer own the car as the Hire Purchase company cancelled my contract and requested i return the car to them asap. I told the bailiff and he has yet to remove the clamp on the car even though i have sent his office proof that the car no longer belongs to me. My aim was to negotiate with my hire purchase company as i have started a new job and in a month can pay off the outstanding fee.

 

The bailiff is requesting £289.01. Where do i go from here? Is there a appeals process? Do they have any right to clamp a car that no longer belongs to the original "debter". I no longer drive it as my insurance ran out but I can't even send it back to hire purchase comapny as its clamped and im worried if negotians fail with them later today they will leavy more charges on me if i can not return the car to them.

 

ANyone with any help would greatly be appreciated! Thankyou guys!

 

 

Have you defaulted on the HP agreement?

 

TFT

[NewhamBoy]

Hi TFT,

 

Yes i received a letter stating they have cancelled my contract and i no longer own the vehicle. Havent got the cancellation letter in front of me but it words to that effect. I faxed the letter to Whyte and Co.

[Al27]

Can you show us the exact letter?

[pin1onu]

Bailiff's can't clamp vehicles not wholly owned by the debtor. End of story. If you have a finance agreement then all you have to do is inform the bailiff and that should be the end of the matter. They can only distress goods that the debtor has clear title to.

 

Make him aware of the HP agreement and ask to remove the clamp immediately. The finance company may do this on your behalf as they want their property back.

 

With regard to the debt. You will need to make a Statutory Declaration that you didn't receive any paperwork and that should put things back to the notice to owner stage. Once there you have the option of appealing or paying up. See here: Info about - County Court Bulk Centre - Traffic Enforcement Centre

[the_freedom_trail]

Hi TFT,

 

Yes i received a letter stating they have cancelled my contract and i no longer own the vehicle. Havent got the cancellation letter in front of me but it words to that effect. I faxed the letter to Whyte and Co.

 

Local Authority PCN's are not really my area; however, if you have an HP agreement that you have defaulted on then it is likely that you have received charges from the HP company e.g. late payment charges, etc. You could claim these back - I managed to get mine back from Peugeot Finance (although my signature needs updating) and a 75% refund from Santander Consumer. Certainly worth looking at and might be a few quid you could get back. Naturally, this is a very seperate issue to the one you originally posted about; however, I thought I would let you know.

 

Regards,

 

TFT

[NewhamBoy]

Al27 - I will upload as soon as i get home as the letter is on my bedroom desk

 

pin1onu - I have made the bailiff aware on more than 5 occasions its a HP car and the contract has now been cancelled. He just won't listen. I have never made a Statutory Declaration. What forms do i need and route do i go down? I really want this over asap! Even if it means me loosing my car back to the HP company.

 

How long does a Statutory Declaration take, please forgive my ignorance o the issue i will try and also read the ther threads with a similar issue.

 

Thankyou so very much to all who have responded thus far!

[NewhamBoy]

Local Authority PCN's are not really my area; however, if you have an HP agreement that you have defaulted on then it is likely that you have received charges from the HP company e.g. late payment charges, etc. You could claim these back - I managed to get mine back from Peugeot Finance (although my signature needs updating) and a 75% refund from Santander Consumer. Certainly worth looking at and might be a few quid you could get back. Naturally, this is a very seperate issue to the one you originally posted about; however, I thought I would let you know.

 

Regards,

 

TFT

 

I would love to hear more!! Could you please give me more details of what happened in your case recovering these costs?

[the_freedom_trail]

I would love to hear more!! Could you please give me more details of what happened in your case recovering these costs?

 

Well, you recover these charges in much the same way as you would do bank charges; however, you make want to start a seperate thread so that advice you receive on the clamping does not become confused. I will see if I can find an appropriate area of the forum.

 

Regards,

 

TFT

[NewhamBoy]

Well, you recover these charges in much the same way as you would do bank charges; however, you make want to start a seperate thread so that advice you receive on the clamping does not become confused. I will see if I can find an appropriate area of the forum.

 

Regards,

 

TFT

 

Thanks would hugely appreciate it! Im slightly lost now on what direction to go with the car, HP and bailiff. He just said he wanted £289.01 or he'll be at my house in the morning to remove goods! He's just trying to scare me becuase i know he can only remove goods if i give him access which will never ever happen.

 

But this really is a scary situation for me, anyone know of what i should do now?

[hallowitch]

have a read of this

this was posted by tomtubby and what she doesn't know about bailiffs and parking tickets you could write on a stamp

 

Contact the Traffic Enforcement Centre on 08457 045 007. He will need to have his PCN number when he makes a call. If he does not have this number to hand he will need to ring the relevant local authority and asked to be put through to the parking office. He could then provided he is a vehicle registration number (VRM) and they will provide the details to him over the phone.

He need to ask the The Traffic Enforcement Centre to confirm over the telephone what addresses is on the Warrants of Execution. They were then will e-mail him copies of Out of Times declarations.

 

On the form (TE9) he will need to tick the box to confirm that he did not receive the Notice to Owner.

 

On the TE7 and he will need to put something along the following lines:

 

"I was unaware of this PCN until I received a visit from a firm of bailiffs.

 

From enquiries made with the Traffic Enforcement Centre it would appear that all statutory notices relating to the above PCN had been sent to my previous address at (provide old address details). I moved from that address in approximately (provide details).

 

The new forms do not require being witnessed by a solicitor and your father merely has to sign both forms.

 

As soon as The Traffic Enforcement Centre receive the completed forms back (by e-mail) they will provide copies to the local authority and they are then duty bound to contatc their relevant bailiff company to instruct them to cease all enforcement.

 

The local authority have 19 business days (one month) to consider this application and with the delay is apparently being experienced at TEC it is unlikely that you will have a response to this application before Christmas

[the_freedom_trail]

Hello Newham Boy

 

I would suggest starting a new post called How can I get vehicle penalty charges refunded? in this area of the forum Vehicle retailers and manufacturers - The Consumer Forums

 

We will be able to advise of how you can go about doing this and hopefully get some money back for you - I have had quite a bit of experience and have taken it as far as County Court so I know the procedure quite well. Also, any claim you make, although similar to bank charges, wont be affected by the FSA Waiver.

 

Anyway, in the mean time I suggest concentrating on your immediate issue with the bailliffs.

 

Best Regards,

 

TFT

[NewhamBoy]

Bailiff's can't clamp vehicles not wholly owned by the debtor. End of story. If you have a finance agreement then all you have to do is inform the bailiff and that should be the end of the matter. They can only distress goods that the debtor has clear title to.

 

Make him aware of the HP agreement and ask to remove the clamp immediately. The finance company may do this on your behalf as they want their property back.

 

With regard to the debt. You will need to make a Statutory Declaration that you didn't receive any paperwork and that should put things back to the notice to owner stage. Once there you have the option of appealing or paying up. See here: Info about - County Court Bulk Centre - Traffic Enforcement Centre

 

What do i do if I have made the bailiff aware on more than 5 occasions its HP car AND have sent proof of this?

[hallowitch]

send an official complaint to the council that issued the parking ticket they are fully responsible for the actions of there bailiff

[NewhamBoy]

ok i will do that, i have also just been to the council website and i can actually pay off the parking fine on there now? The PCN number stil works and i can pay it off online! Should i do this? What would happen if i just did this now? Could that call off all bailiff action?

[crem]

I doubt paying the original PCN at this late stage will have any effect on the bailiff situation you are in.

 

I think until you have the TEC/council reset the PCN to it's original value you are better off just following TFT's advise on submitting the TE7 and TE9 docs.

[tomtubby]

The bailiff is very well aware that he cannot clamp a car that is subject to hire purchase. He can only clamp a car that is OWNED by the person who is liable to pay the PCN.

[NewhamBoy]

The bailiff is very well aware that he cannot clamp a car that is subject to hire purchase. He can only clamp a car that is OWNED by the person who is liable to pay the PCN.

 

The Car is still clamped, Bailiff won't budge and they are still illegaly holding the car for ransom meanwhile i have the HP company requesting i send the car back! I asked the HP to call the bailiff company and ask if they can remove the clamp they said they will not do that...?? Why? I have no idea!!!

 

This situation even gets worse! I attempted to pay off the debt via the company's website. It had a glitch and although money was debited from my Bank account the bailiff company stated they had received nothing due to a malfunction on their system!!! So now after PAYING!!!! i'm still STUCK! They said they will not remove clamp untill i pay again. I have to wait for the failed transcation to return to my account which could take 10 days!

 

There must be something that can be done! This is soo wrong! Thanx Tomtubby, what do you suggest I should do now?

[lamma]

Tell the HP company that you will have to get the car lifted and carried to them - at their expense as they refuse to step in and look after their own property. But does the HP agreement say that you have to physically return it yourself ?

[NewhamBoy]

Tell the HP company that you will have to get the car lifted and carried to them - at their expense as they refuse to step in and look after their own property. But does the HP agreement say that you have to physically return it yourself ?

 

I will try and upload the letter they sent me. Been working all day Because i havent paid upto 2/3 of the price they "have the right" to charge me for non delivery of goods at the termination of my contract. It's apparently what i signed up for when i first took the car out.

 

Called the council... what a shambles. They were useless and still the HP company will still not step in. I think i will have to do that lamma! That's looking like my only option right now... Thanx for the help!

[lamma]

get a local towing company to take it to the HP people as is ?

[NewhamBoy]

My letter from the HP said 29th was my so called deadline. Wondering how i'd claim back the money from the HP company for towing the car to them.

[lamma]

depends on the exact terms of the agreement and what has been said between you since this started. provably said as in writing. only you now that.