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Can a HCEA - Agent - clamp a car on my private drive?

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Yes. Although on private land they have lawful authority - care to give any more detail?


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Hello.

 

What is lawful authority?

 

My car is on private land inside locked gates - off any highway/road etc

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thank you for that -

but can you or anyone simply answer my question...

 

my car is parked on my private land - a field.

 

can they - hcea clamp it on my field/private land?

 

i live on a private road/bridleway.

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yet another guess the reason thread.........we'll help you if you help us..


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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what s the reason for the hceo being involved

CCJ debt?

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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yeah

but it was a ltd co that no longer existed - sheriff office knew this - they had it in writing.

they came to private address for limited company...

 

i was still bleeding after an operation - sheriff 'agent' didnt give a dam..i called police - they were even more care less and they were two female officers - i was literally flooding my trousers and they just stood there.

 

they sided with the bailiff

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thank you for that -

but can you or anyone simply answer my question...

 

my car is parked on my private land - a field.

 

can they - hcea clamp it on my field/private land?

 

i live on a private road/bridleway.

 

answer please. thank you.

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Who does the car belong to?


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Hello.

 

What is lawful authority?

 

My car is on private land inside locked gates - off any highway/road etc

 

Yes, the enforcement officer can remove goods from the debtors premises. In your case, it would seem that the field is part of your property and therefore, it is not considered 'private land' and the enforcement agent is legally entitled to attend the property and 'take control of goods'.

 

I know from previous posts of yours a month or so back that you have very strong feelings indeed about bailiffs and refuse point blank to deal with them. But putting these feelings aside, it would be helpful if you could provide some background information.

 

You have not said what happened after the vehicle was clamped:

 

Did the enforcement agent make a Controlled Goods Agreement?

 

Was the vehicle taken away?

 

Was the vehicle owned by the debtor?

 

Was the vehicle subject to finance?

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They can clamp your motor on your land but not on your neighbours land. If you answer BA's questions above nore targeted advice can be given.


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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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If the car belongs to the OP and has nothing to do with the Ltd company debt being chased, then what is the process they need to follow ? Do they have to make an application to the court or does the HCEO have to remove the clamp, as the car is not something that can be seized, if is shown to be private goods and nothing to do with the Ltd company ?


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Wonder if some EAs are deliberately seizing personal goods for Ltd Co debts, and hoping the person doesn't know that the EA shouldn't do that?

 

A sort of Sherfarce type tactic.


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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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Who is the writ addressed to ?


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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If the car belongs to the OP and has nothing to do with the Ltd company debt being chased, then what is the process they need to follow ? Do they have to make an application to the court or does the HCEO have to remove the clamp, as the car is not something that can be seized, if is shown to be private goods and nothing to do with the Ltd company ?

 

In cases of any 'dispute' it really is a simple matter of making a 'Part 85' Claim. This is done by letter only and does not involve a court (or a court application). In the vast majority of cases, if the application is properly made and evidence provided, the vehicle will be released. Only in very rare cases will the dispute need to be resolved in court. There have been only a handful of such cases.

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If this should turn out to be nothing to do with the ltd company so shouldn't be clamped, keep in mind that any out of pocket expenses such as bus or taxi fare while the car is clamped should be billed to the bailiff company. So make sure you ask for and keep all receipts.

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Bailiff Advice

 

Quote Originally Posted by BUTTERCUP7 View Post

bit confused about the above...

 

Dodgeball

 

please answer my direct questions/points - this will no doubt, answer alot for others.

 

if you cant please can someone else please.

If Dodgeball had stated that it is against the law to engage with a bailiff (or whichever terms of words were used) then he has made an error.

 

However, that error will will not affect you in any way at all given that you have already stated that you will always refuse to engage with or pay a bailiff.

 

The correct position, is as outlined in the following post that I made last evening.

 

http://www.consumeractiongroup.co.uk...=1#post4867654

 

Hopefully, your query has now been resolved.

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thank you for that -

but can you or anyone simply answer my question...

 

my car is parked on my private land - a field.

 

can they - hcea clamp it on my field/private land?

 

i live on a private road/bridleway.

answer please. thank you.

 

 

yeah

but it was a ltd co that no longer existed - sheriff office knew this - they had it in writing.

they came to private address for limited company...

 

i was still bleeding after an operation - sheriff 'agent' didnt give a dam..i called police - they were even more care less and they were two female officers - i was literally flooding my trousers and they just stood there.

 

they sided with the bailiff

 

A good while after my original questions - no one of you said anything about my health and literally bleeding whilst all this was going on. ?

I was in the right and I proved it - the so called high court ea got owned by me!!!

 

i went to court - and won!

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Thank you for your support - Conniff. I am still fighting on. I won my court battle!

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hello fellow womble!!

 

the car actually has a loan on it so they cannot touch it - which is brilliant.

my advice to anyone that 'owns a car' is to get a small loan against it - so if you do hits the skids in life - they cant touch it!!

 

the facts of my case are that the old ltd co we had had long dissolved with no debts -a chancer builder came against us for his debts! blah blah - the hceos chased us - as per my previous posts - nearly killed me! i beat him though!!!!!

 

do you know what....i i ever get clamped i will just ring my massive family and get one of them to cut the clamp off

= and i will take the so called consequences! i dont give a !

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Just a point or two.

 

If you ar referring to bill of sale, you are correct in that the bailiff will generally not seize the car as it belongs to the bailee, however under the bill of sale act 1889 this dealer canr if it is under an enforcement action, so I would be careful about advertising the fact.

 

So you had a company that was dissolved with no debts, but a "chancer" builder obviously thought otherwise, imagine the cheek, wanting money owed to him to be paid, some people !

 

Cutting off a clamp is a criminal offence, as is theft of a vehicle under control.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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hello fellow womble!!

 

the car actually has a loan on it so they cannot touch it - which is brilliant. my advice to anyone that 'owns a car' is to get a small loan against it.

 

Unfortunately, if a vehicle is subject to a loan, finance agreement or hire purchase, then the fact remains that the vehicle can indeed be taken and it is just wrong to consider otherwise.

 

Unlike the position in previous regulations, the Taking Control of Goods Regulations 2013 specifically state that goods can be taken if there is a 'beneficial' interest. Put simply, if there is a vehicle worth £5,000 and it is subject to a loan of £1,500 then it can be argued that the vehicle has a 'beneficial interest' of £3,500.

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Cutting off a clamp is a criminal offence, as is theft of a vehicle under control.

 

so sue me!!!

i will still cut if off and take the

i couldnt give anything about any of that!

Edited by dx100uk
behave - dx

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you are talking rubbish

 

They might be talking rubbish.

 

However, when it comes to me deciding who is talking rubbish I can only go on what has been posted.

Do I go with the answer that gives context and reasoned argument?

Do I go with the answer that doesn't give context and information in support, only contradiction ("you are wrong" or "rubbish").

 

I'd go with the latter only if I already knew why it was right, otherwise, I'm sticking with the former.

 

I may well factor in any other relevant posts.

Cutting off a clamp is a criminal offence, as is theft of a vehicle under control.

 

 

so sue me!!!

i will still cut if off and take the

i couldnt give anything about any of that!

 

I suggest you won't be persuading many people.

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 1565 days.

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