Bailiff clamp on car

[joe89]

There is a clamp on the car on my drive.

The note on the windscreen says it is for non- payment of council tax.

I have a liability order for some of last years tax.

I have made a part payment to the council towards this liability order along with an offer of an affordable monthly payment. Don't want to include amounts on this site, suffice to say it will take a couple of years to repay the amount owing.

Is there any way to legally get the bailiff to remove the clamp before two years?

I had picked up some information with regards to filing a complaint at the court which issued the liability order to the effect that the debtor must have lawful use of goods levied and the clamp prevents this.

Can anyone comment?

[ims21]

Thread moved to Bailiff forum.

 

The guys will be happy to help as soon as they are available.

[dx100uk]

There is a clamp on the car on my drive.

The note on the windscreen says it is for non- payment of council tax.

I have a liability order for some of last years tax.

I have made a part payment to the council towards this liability order along with an offer of an affordable monthly payment. Don't want to include amounts on this site, suffice to say it will take a couple of years to repay the amount owing.

Is there any way to legally get the bailiff to remove the clamp before two years?

I had picked up some information with regards to filing a complaint at the court which issued the liability order to the effect that the debtor must have lawful use of goods levied and the clamp prevents this.

Can anyone comment?

 

as far as i know, they cant clamp cars for CTAX debts.

 

dx

[sgtbush]

its an liability order coz you failed to pay council tax, bailiffs instructed to enforce such order, your car is an asset, they have siezed it, is their a form 7 thru your door?

they can immobilise it, if they have the form 7 filled out, and your signiture is not required on it if you were not their then the car no longer belongs to you anyways, it belongs to the crown

i suggest you contact the bailiff quickly to see what repayments you can make on your outstanding debt

[sgtbush]

ps, the council or bailiff do not have to accept a payment plan you offer, they may insist on all outstanding money owed all in one go, read your litriture that comes with your council tax bill

[joe89]

Thanks sgtbush. What is a form 7?

[sgtbush]

a form 7 is a walking possesion order

also known as a levy or a notice of distress

Edited August 27, 2012 by sgtbush

[sgtbush]

Can a Bailiff take my car?

Yes they can…and in particular, it is the easiest item to remove as in most cases, the car is either parked on your driveway or within a few metres of your home. In fact one bailiff company’s website states that: “We regard the presence of a vehicle that can be seized….. as a bonus!!

Until recently, it was very rare for a bailiff to clamp a car when he was enforcing a Liability Order for outstanding Council Tax. Sadly we are hearing of more and more bailiffs's clamping a vehicle in order to force you to pay the outstanding amount immediately.

Also, from an emotional point of view, the threat of having the family car taken is normally enough to force most people to go to extreme lengths to find the money to pay the debt, normally by borrowing money or using funds that are vital for utility and food bills etc.

If there is a danger that a bailiff could seize your car, our advice would be to write immediately to both the bailiff company to inform them if any of the following is applicable to you:

 

• The car does not belong to you.

• You are self employed and the car is necessary for "your use only" in the course of your employment or business)

• The car is subject to a Finance Agreement.

• The car is subject to a Hire Purchase Agreement.

**NOTE**

With the credit crunch causing severe financial difficulties to families, it is worth noting that before a bailiff has levied on goods, you may sell, transfer, hide or even give away any item. This includes a vehicle.

You will see that we have provided a letter that can be adapted to suit your own particular circumstances in the Letters Section of the Download area of our site.

If the bailiff believes that that you own the car…he can take it. There is Case Law that shows that the onus of proof is on you, not the bailiff to prove ownership of the vehicle, and that it is “not reasonable to expect the bailiff to make enquiries as to ownership”.

Please refer to the Legal Cases section of our Downloads area for a copy of this particular legal case.

What happens if you do not own the vehicle.

The bailiff can only take a vehicle that is owned by you. If the car is not yours….our advice would be to write to the bailiff company immediately, and remember…. it is up to you to provide proof…. not the bailiff. By visiting the Letters section in our Downloads area you can access a copy of a Template letter that can be adapted to suit your own circumstances

[joe89]

There is a paper saying 'bailiff removal' and quoting the case ref. Nothing to identify it as a form 7...though it could be.

I cannot say the car is insured for my use only for business.

Just to be clear, I did not choose not to pay, but have been hit by downturn along with other self-employed people.

I did not want to get into excuses though, just looking for solutions.

I guess from what you are sayng, the bailiff will not release the car on the basis of a two year repayment plan!

[brassnecked]

What council and bailiffs is this please? Also is anyone in your family ill or disabled?

[joe89]

North Kesteven (lincolnshire) and rossendales. No nobody ill or disabled

[i hate bailiffs]

so this is a liability order for a old tax year therefore a non priority debt

 

how many visits have tossingdales made

 

you have a arrangement with the council

 

how much is outstanding on the debt?? what is the car worth??

 

do you need the car for work?

[joe89]

yes, an old tax year.

I understand this was the second visit, but my wife and I really do have no recollection or any paper showing a previous visit.

I have proposed an arrangement with the council and made a first payment, have not had a reply yet.

Liability order is for 500, car would be worth 2k if sold privately, may be 400 at auction.

Bailiff asking for 1k.

I do not use the car for work, though my wife often lifts me places as I have to travel.

[brassnecked]

Not sure whether clamping is legal for council tax, but sgtbush seems to think it is in order, others may have other opinions, as to the legalities of clamping for council tax. Does your repayment plan take into account paying this years off on time? I asked about illness to see if there were any factoes that may render the family vulnerable.

[hallowitch]

dose the form you were left look like any of these

 

form 7 looks like this

 

http://www.legislation.gov.uk/uksi/1988/2050/schedule/2/crossheading/7/made

 

form 9 removal notice will look something like this

http://www.legislation.gov.uk/uksi/1988/2050/schedule/2/crossheading/9/made

 

what is the approx value of your car if sold at auction (remember if the bailiff hasn't put the v5 or keys on the form they cant take them) without keys log book ect

[joe89]

Brassnecked ...i have offered payment as separate to ongoing payments for this years tax

hallowitch....no, the forn does not look like either of these youshow...no mention of keys or V5

Dont think auction would cover tax and fees as shown.

[i hate bailiffs]

i`m thinking if there was arrangements being made with the council something not right

 

it is a old tax bill non priority end off

 

first thing get on to your local MP they should help you out

you can legally remove the clamp providing you cause no damage to the clamp then hide the car from bailiffs!!

[joe89]

Sorry, i hate, to be clear, I did have a repayment plan which fell over, so I have offered a new one only since arrival of clamp. The council will be unlikely to reply before september, on past experience.

[lookinforinfo]

You said in one of your posts that the bailiffs had only called once. Yet in your last post you said that you had a repayment plan that fell over. Was this made with the bailiffs or with

the Council? it does help with the advice we give you if you tell us the whole story rather than it coming out in bits and pieces over many posts. However we are where we are. If you made

the repayment plan with the bailiff, had he been in your house? You are now talking about paying the tax back over two years which is surely a lot longer period than the first repayment

plan that you had.

Bailiffs always try and make arrangements that they know you cannot keep to as they can then come back and increase their fees.

When they clamped your car, did they put through your door a statement of how much their fees were for clamping the car and how much else they had charged along with the amount

owed to the Council?

[brassnecked]

If they did have a levy, was it on your car for the original plan, as that would explain the clamp, they are anxious that the car doesn't get hidden, all rossers are interested in is fees.

[lamma]

"if you were not their then the car no longer belongs to you anyways, it belongs to the crown" It belongs to the crown ? ? - explain how attaching a clamp transfers ownership and how it is to the crown.

[brassnecked]

"if you were not their then the car no longer belongs to you anyways, it belongs to the crown" It belongs to the crown ? ? - explain how attaching a clamp transfers ownership and how it is to the crown.

 

I think he is referring to the Crown as the Government, as in the constitutional monarchy, where the crowns interests are the governents. In the same way we the people never own land absolutely as per real estate in the USA, rather we merely hold a title in it in a series of leases of varying rights, top (from the crown) down in a feudal type tenure.

 

He means that as he has clamped and seized it, it is now the property of the bailiff, and therefore by proxy the council, so government.

 

Why not say bailiff owns it to avoid confusion now where is that barbie Bruce?

[outlawla]

...Why not say bailiff owns it to avoid confusion now where is that barbie Bruce?

 

You'll have to stop being so cryptic.

 

Just spent the last couple of hours thinking what the link was.

 

Thinking along the lines of "Nice to see you, to see you...." and some connection with the catch phase owner's barbie like wives.

[National Debtline]

as far as i know, they cant clamp cars for CTAX debts.

 

dx

 

This is our understanding also, with the key reason being that there is no provision in law to allow a bailiff to do so; unlike, for example, magistrates' court fines and rent arears. If anyone has anything to demonstrate the contrary we would be very keen to learn about it. We appreciate that a car could be levied upon and removed, it's just the clamping in situ that seems not to be possible. It would be great to hear other peoples' opinions.

 

NDL.

[lamma]

The Bailiff does NOT get ownership by fitting a clamp.