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Jeffrey15

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  1. Hi Conniff yes its on hire purchase. The amount is for £412.00 i did offer her £200.00 as this is all i can get. She declined it and said she can only bring it down to £312.00. I know the debt needs to be paid but unfortunately i don't have that extra £112.00. Just looking at other options at the moment. I did find this article on the internet. Bailiffs and police officers try to tell you that you commit an offence under Section 1 of the Criminal Damage Act 1971. This is NOT true. The law actually says - "A person who without LAWFUL EXCUSE - destroys or damages any property belonging to another". That means if the clamping of your vehicle is unlawful then you have lawful excuse to cut off the wheel clamp. Its as simple as that! The clamping of your vehicle is ILLEGAL if it is: 1. Not yours, leased, or on finance and the final payment is not made. Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says "an enforcement agent may take control of goods only if they are goods of the debtor." 2. Used in your employment work or education, or other exemption under Regulation 4 of the Taking Control of Goods Regulations 2013. Regulations don't require you to have "business insurance" on your vehicle. That is a myth originating from bailiff companies. The law only requires "third party" security. Section 143 of the Road Traffic Act 1988. 3. Used for carrying a disabled person having a disabled badge. Regulation 4(1)(d) of the Taking Control of Goods Regulations 2013. The badge does not have to be in the car when it was clamped. (See below). 4. Being used by someone when it was clamped. The law says (Regulation 10) "Circumstances in which the enforcement agent may not take control of goods" - Regulation 10(2) of the Taking Control of Goods Regulations 2013 says "Where an item which belongs to the debtor is in use by any person at the time at which the enforcement agent seeks to take control of it". 5. Clamped before 6am or after 9pm. Regulation 13 of the Taking Control of Goods Regulations 2013 6. You have not received the statutory Notice of Enforcement, Regulations 6 & 7 of the Taking Control of Goods Regulations 2013 and Paragraph 7(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. 7. There is no principle debt, for example, the debt has been paid, or quashed, or the bailiff is using a wheel clamp as a leverage to obtain a fee. The law says "where the debtor pays the amount outstanding in full" - "No further step may be taken under the enforcement power concerned" - Paragraph 58(3) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. and "Fees and disbursements not recoverable where enforcement process ceases" - Regulation 17.1 of the Taking Control of Goods (Fees) Regulations 2014 . "Enforcement agents must not seek to enforce the recovery of fees where an enforcement power has ceased to be exercisable" - Guideline 31 of the Taking Control of Goods: National Standards 2014. 8. You did not know about the original debt until you received a bailiff. Law is depending on the type of debt involved. Magistrates' court fine: Section 14 of the Magistrates Courts Act 1980 Council tax: Regulation 23 or Regulation 33 of the Council Tax (Administration and Enforcement) Regulations 1992 Civil Traffic debt: Part 75.7 of the Civil Procedure Rules High Court Enforcement Debts: Run this checklist and apply to set aside the writ. 9. The bailiff does not have a certificate. He commits a further offence under Section 63(6) of the Tribunals Courts and Enforcement Act 2007. Check here to see if he has a certificate. 10. Clamping on private land commits an offence under Section 54 of the Protection of Freedoms Act 2012. See also Paragraph 211 of the explanatory notes, and this Parliamentary confirmation document. It can be reported in writing to the police. You can also make a civil claim against the creditor under the Torts (Interference with Goods) Act 1977. Private land includes private roads not adopted by the council and shopping centres. And thanks again for all your support.
  2. Hi Bazza Yes i do not own the car. And thanks about for the advice on the access to entry.
  3. Hi All I am a first time poster. I had a charge for not paying my fine for the congestion charge, and tbh have let the thing snowball to the point that Task enforcement arrived this morning and clamped my car on private property (driveway) and sneakily slipped a bit of paper and drove off. I did ring them and offered to pay half the fine as this is all i have. But heh hoo they denied it. Points. The car is on finance I did and always have a removal of implied access of entry. She acknowledged this when i told her. Thank you for time.
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