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Debtor found guilty of criminal damage for using angle grinder to cut off a wheel clamp.


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Last week yet another debtor appeared in court for cutting off a wheel clamp.

 

In this case, a bailiff from JBW Group applied a wheel clamp to the debtors car in relation to a debt for council tax. The debtor 'claimed' that he thought that the clamp had been left on his car by a friend as a joke and accordingly, he used an angle grinder to remove the clamp.

 

Clearly the court did not believe his story and after admitting causing criminal damage the court ordered him to pay £435 which was made up of a fine of £250, costs of £85, compensation of £75 and victims surcharge of £25.

 

http://www.plymouthherald.co.uk/Man-used-angle-grinder-cut-wheel-clamp-car/story-26547903-detail/story.html

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That was his first hearing and he was bailed until June 18th but the hearing for sentencing was brought forward.

 

The problem that faces debtors who get prosecuted for cutting off a wheel clamp is that they not only end up paying a lot of money (in this case £435 ) but they have to endure two court hearings and a criminal record that could hamper their future employment.

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That was his first hearing and he was bailed until June 18th but the hearing for sentencing was brought forward.

 

The problem that faces debtors who get prosecuted for cutting off a wheel clamp is that they not only end up paying a lot of money (in this case £435 )but they have to endure two court hearings and a criminal record that could hamper their future employment.

Just as bad if the vehicle clamped is NOT the debtors, and the lawful owner cuts off the clamp.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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That particular case was due to be heard a couple of days ago and I would think that news about the outcome will start to surface in the next few days. I do know that the appalling 'Prosecution' and 'Defence' 'statements' have been seen by many people in the past few months and I was even sent copies myself a number of times !!!

 

 

NB: The above reference to 'statements' is the reference to the document posted on the internet (post number two here:)

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?440949-Debtor-charged-under-section-68(1)-of-TCEA-2007-with-quot-intentionally-obstructing-a-bailiff-quot-......UPDATE&p=4688873&viewfull=1#post4688873

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That particular case was due to be heard a couple of days ago and I would think that news about the outcome will start to surface in the next few days. I do know that the appalling 'Prosecution' and 'Defence' 'statements' have been seen by many people in the past few months and I was even sent copies myself a number of times !!!

 

 

NB: The above reference to 'statements' is the reference to the document posted on the internet (post number two here:)

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?440949-Debtor-charged-under-section-68(1)-of-TCEA-2007-with-quot-intentionally-obstructing-a-bailiff-quot-......UPDATE&p=4688873&viewfull=1#post4688873

 

Are the 'statements' in question those discussed here previously (around February I think) that relate to the poster CAM ?

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Just as bad if the vehicle clamped is NOT the debtors, and the lawful owner cuts off the clamp.

 

Can someone explain this ? This scenario.

 

Clamped Vehicle is not the debtors i.e. mine ? Can I not lawfully remove something added to it to prevent my use ? What if there is no contact details of the clamp owner ?

 

EA could contact the police on the registered owner of the vehicle and claim CD, but the registered owner could

i) deny knowing about a clamp

ii) counter claim for damamge

 

Surely any costs from NOT having access to the vehicle are due to me ?

 

Can understand in BA's post why this happened as the goofs were seized correctly in this case..

 

N

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That particular case was due to be heard a couple of days ago and I would think that news about the outcome will start to surface in the next few days. I do know that the appalling 'Prosecution' and 'Defence' 'statements' have been seen by many people in the past few months and I was even sent copies myself a number of times !!!

 

 

NB: The above reference to 'statements' is the reference to the document posted on the internet (post number two here:)

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?440949-Debtor-charged-under-section-68(1)-of-TCEA-2007-with-quot-intentionally-obstructing-a-bailiff-quot-......UPDATE&p=4688873&viewfull=1#post4688873

 

Having now read these 'statements' again last night I notice that mentioned is made that the bailiff had 'apparently' not been certificated on the date (17th September 2014) that he visited the debtor (CAM). This is actually not true and a simple check with the MOJ bailiff register will confirm that the bailiff was granted his certificate on 12th April 2014 !!!

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Like a canal?

No canals by me, so on the back of the scrapman's truck probably.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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