bailiff climbs gates to fix clamp - help

[Sam0786]

Hi All - Im new to this and only just registered.

 

I have been having financial problems and have been seriously behind on my Council Tax.

 

Yesterday a Ceritfied Bailiff from Jacobs just climbed over my big gates and clamped my car. Says he has immobilised the car and will not release it until payment is made in full. I simply cannot afford to pay in full and offered to pay over 4 months, which he refused and just walked away.

 

My car has finance on it and I also rang the Police who stated that any car having Finance on cannot be clamped or removed. Never the less they said its a civil matter and they cannot get involved.

 

What I want to know is if i removed the clamp without damage, would I get into trouble? As the debt is around £2k, i cant afford it and i really need to use my car. I have a friend who has a garage and he said he would remove the entire wheel with the clamp and just put the spare wheel on! So effectively I have not removed the clamp from the wheel, I just removed the wheel from the car.

 

Can anybody help and tell me if I would be breaking the law or would i get into any trouble?

[dx100uk]

own threads created.....

 

what is the debt please who to/for

 

dx

[Sam0786]

Hi,

 

The debt is for unpaid Council Tax

[dx100uk]

what paperwork prior to this did you get from them?

 

dx

[Sam0786]

Prior to this he never knocked on our door or pressed the buzzer at the gate. He just left a hand delivered "Removal Proceedings" notice....

[ploddertom]

Not trying to defend anyone but the Bailiff would not have been aware your vehicle was on finance. You must ASAP send them copies of the agreement and insist they reattend to remove the clamp and remove any levy fee and all associated charges. If they refuse you can contact the finance company and tell them their vehicle has been clamped and let them deal with it or you can contact the Council and advise them that if the clamp is not removed immediately you will file a complaint against them in the Magistrates Court - the Council are responsible for the actions of the Bailiff.

 

When he climbed your gates did he do any damage - even a slight scratch - if so he is responsible for any repair to bring it back to how it was previous to him attending.

 

When he comes back to take the clamp off or retrieve it if it has been removed without causing any damage, you are under no obligation to let him in your home. There is no law that says you have to deal with or speak to a Bailiff. On his Notice of Seizure has he advised what charges have been applied. Have you also checked to see that he is currently Certificated.

 

PT

[Sam0786]

when he attended, i refused to open my main gate, so he climed over and just started to put a big clamp on our car. With it being a Mercedes, he has definately scratched the Alloy rim. Because I was very angry, he rang the Police and got them here striaght away and I even told the Police and the Bailliff that the car is on finance but the Police say we cant get involved as its a civil matter. He then clamped the car and went away.

 

My friend has managed to remove the clamp with the wheel attached, put the spare wheel on and I have asked him to leave the car at his garage until this is sorted.

 

My only concern is could I be arrested for removing the wheel from the car? The clamp is still attached how it was when he left it, all i have done is remove the wheel and take the car away. Another concern is the finance is a Fixed Loan Sum and when I spoke to them, although it shows on a HPi check that the car is on finance, the finance company state that the loan is like a personal loan and they have no interest in the car yet when I Hpi checked it today, it shows it has Finance. So does the car have to be on HP for them not to clamp or remove?

 

And I know this may get messy because when he comes today to see the car, he will only find his clamp on a wheel and the car gone! Could he clamp my sons car?

[gstanny]

he should not clamp your sons car. he can only levy on property belonging to you.

but they seem to do as they want , and get away with it

[watchinginvestigation2011]

Trouble is if you remove the wheel attached to clamp, the bailiff could argue the scratch was done then, better to have let the bailiff remove it.

 

At least the car is safe till sorted xx

[hallowitch]

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

[caledfwlch]

Can a Bailiff legally smash open locked gates into the property to effect the removal of a car?

 

And to the OP, you know what chavs are like, especially the younger, its amazing how they steal clamps that are never seen again

 

You could of course wrap it up, take it to the post office, and send it back to the bailiff company as "postage to be payed by recipient"

[ashmk]

The guy just wants to know if he will get into trouble for removing the clamp.

 

No you won't.

You can either give it back undamaged. Take some pictures to prove condition or dispose of the clamp altogether leaving no evidence and say 'I know nothing about a clamp'.

Personally I would throw it and blame it on metal theives working the area. Make sure they can never find it.

 

Remember this will really p*ss the oaf off and next time he may not bother with clamping and just seize whatever he can.

[Voxter]

deleted....read post wrong

[brassnecked]

Can a Bailiff legally smash open locked gates into the property to effect the removal of a car?

 

And to the OP, you know what chavs are like, especially the younger, its amazing how they steal clamps that are never seen again

 

You could of course wrap it up, take it to the post office, and send it back to the bailiff company as "postage to be payed by recipient"

 

Prynhawn da caledfwlch

 

If the naughty bailiff did smash the gate to get at a motor, it would surely be criminal damage. What i would do is use the clamp with a poundshop lock wearing a balaclava and a hi-viz coat, to clamp the bailiffs own motor and get someone to film it

[seanamarts]

I suggest you leave the clamp where it is! inform the council and the bailiff company that the car that has been seized does not belong to the debtor plus the fact the car is also on finance.

The police are correct in saying it is a civil matter, but you remove the clamp and damage it in some way then it becomes a criminal matter and you may well be charged for it.

If you can start paying the council asap by using their online payment facilities and inform them that you are doing this.

Write to the bailiff company and request how much is owed and a break down of their fees.

A visit fee where no levy has been made is £24.00 1st visit and £18.50 for 2nd visit. They can only charge for two visits. As this is for an invalid levy then they cannot charge for this.

[Sam0786]

thanks guys...

 

this matter has taken a completely different twist...

 

Bailiff came out on Friday to pay another visit... He thought the car was in the drive with the clamp and when he noticed car was gone and just the wheel and clamp left, he panicked... He was saying this cannot be done! You cannot remove a car that is seized etc blah blah blah and then when I showed him the damage he caused to the Rim of the car he just flipped...

 

When the garage guys came to remove the wheel, they immediately noticed that when the clamp was attached to the rim, it had damaged the Alloy. So i took pictures and also got a report from the Mercedes Benz specialist who wrote that the alloy wheel has been damaged by the metal chain and clamp caused by its attachment. Anyways now the Bailiff refused to remove the clamp as he said it would now damage the wheel even more. He asked me to remove the clamp for him. Now he wants me to get the Mercedes guys back out on Monday, call him back, so the Merc guys will remove the clamp. I also called the Police that day and he was like "dont call the Police" blah blah blah...

 

He has been so paranoid saying that he will file a complaint saying I have deliberately damaged my own wheel.

 

Can i now get damages out of this baillif? What procedure should i follow?

[brassnecked]

Looks like his chickens are coming home to roost if he doesn't want the police involved

[Vicki202]

Hi after having my car clamped a long time ago now i removed my wheel with the camp attached to no you can not get into trouble you have not touched the clamp follow all you can from here and you will be fine pay what you can off the council tax through your council not the bailiffs and if you can which i think you can claim for damages to

[Sam0786]

thank you guys.

 

how do i go about claiming for damages?

[gstanny]

take the bailiffs to the small claims court naming the council as co defendants. as the council are liable for the actions of the bailiffs

[caledfwlch]

thank you guys.

 

how do i go about claiming for damages?

 

You should also be contacting the Police ASAP and reporting the criminal damage to your Wheel. Let them take it and the clamp in as evidence - I would love to see the Bailif's face when you tell him! And don't take any "its a civil matter" rubbish from the Police either.

 

You seem to have a perfect storm of events, given that a professional mechanic/garage has verified how the damage to your wheel has been caused! Time to milk this bailiff for everything you can.

[RaeUK]

How curious. Why would the bailiff be so worried about police involvement? Has he anything to hide? ...

Rae.

[J999neu]

Hi just wondered if anyone knows if a bailiff can take a car that's not on finance and in my name?

[Jamberson]

If you are the debtor, and the car is your property, then yes.

[brassnecked]

That would be manna from heaven for the bailiff, unless it wasn't worth much, however even if it was on axlestands and in the same condition as Onslow's Avenger he would probably levy it

 

If you could post your exact problem maybe someone on CAG could help further, it would be better to start your own thread rather than revive one from last year, you can use the one I have started for you here if you like.

 

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=168