Bailiff clamped your hire-purchase car.
Bailiffs cannot take control of goods that are leased or on hire purchase, because they do not belong to the debtor until the option to purchase the vehicle has been Exercised.
Bailiff companies say debtors have a "beneficial interest" in hire purchase vehicles, but this has been defeated at court in a claim brought against Newlyn Plc and Marston Group Ltd who in their defence, tried to mislead a judge with this flawed legal argument.
Some bailiffs might say the hirer is liable for tickets "on the vehicle", but warrants for traffic debts are addressed to the driver "The Respondent", and not the vehicle itself.
Bailiffs know they cannot clamp hire-purchase vehicles, and they also know they are taking a substantial risk of landing an expensive claim, so they remove the clamp when they think that an injunction application is imminent.
You can apply to the court for an injunction against the bailiff and the council, and order them to release the car and you may recover damages, including loss of earnings, and your costs of bringing the proceedings.
You cannot injunct a bailiff company (the enforcement agency). Only the creditor (the council or authority) "The Applicant". When they have paid your damages and your costs, the authority may reclaim them from the bailiff company, or through their liability insurer.
When the injunction is served and the clamp is removed, the traffic contravention debts and the bailiffs fees being recovered are usually become a lost cause for the bailiff.
That doesn't mean you are off the hook for debt and the enforcement fees and charges, but it is now financially toxic for the bailiff to continue with enforcement because he pays the legal costs of the injunction.
This makes clamping hire-purchase goods is a high-risk practice for bailiffs.
The law states that only the goods of the debtor become bound under the enforcement power.
The hirer does not acquire proprietary interest in the property until the option to exercise the purchase has been completed, therefore goods on Hire Purchase do not belong to the debtor and consequently the property is not bound goods.
The Law:
Paragraph 4 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states:
(1)For the purposes of any enforcement power, the property in all goods of the debtor, except goods that are exempt goods for the purposes of this Schedule or are protected under any other enactment, becomes bound in accordance with this paragraph.
(2)Where the power is conferred by a writ issued from the High Court the writ binds the property in the goods from the time when it is received by the person who is under a duty to endorse it.
(3)Where the power is conferred by a warrant to which section 99 of the County Courts Act 1984 (c. 28) or section 125ZA of the Magistrates' Courts Act 1980 (c. 43) applies, the warrant binds the property in the goods from the time when it is received by the person who is under a duty to endorse it under that section.
(4)Where sub-paragraphs (2) and (3) do not apply but notice is given to the debtor under paragraph 7(1), the notice binds the property in the goods from the time when the notice is given.
By taking control of the Hire Purchase or leased car, the bailiff is in breach of the following:
Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states:
The bailiff is unable to sell the vehicle because the law says a purchaser does not acquire good title.
Paragraph 51 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states:
(1)A purchaser of controlled goods acquires good title, with two exceptions.
(2)The exceptions apply only if the goods are not the debtor's at the time of sale.
(3)The first exception is where the purchaser, the creditor, the enforcement agent or a related party has notice that the goods are not the debtor's.
(4)The second exception is where a lawful claimant has already made an application to the court claiming an interest in the goods.
(5)A lawful claimant in relation to goods is a person who has an interest in them at the time of sale, other than an interest that was assigned or transferred to him while the property in the goods was bound for the purposes of the enforcement power.
(6)A related party is any person who acts in exercise of an enforcement power, other than the creditor or enforcement agent.
(7)"The court" has the same meaning as in paragraph 60.
You bring the action to injunct the bailiff company under Provision 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.
If you are the debtor, the action is brought under paragraph 66 of Schedule 12 of Tribunals Courts and Enforcement Act 2007, which states:
66(1)This paragraph applies where an enforcement agent—
(3)But the debtor may bring proceedings under this paragraph.
(4)Subject to rules of court, the proceedings may be brought—
(8)Sub-paragraph (5)(b) does not apply where the enforcement agent acted in the reasonable belief—
Give notice to the bailiff company and the bailiff by email and by text message the vehicle is on Hire Purchase, and keep screenshots of the sent messages showing the time they were given
This revokes any sale, and completes the pre-action protocol for applying for an injunction if the hire purchase vehicle is not released by the deadline.If the deadline passes, you can apply for an injunction ordering the bailiff to remove the wheel clamp from your car, or release the car.
Gather the following:
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Photograph of the car showing the number plate and the wheel clamp
Copy of the hire-purchase agreement, or leasing contract including the page where it says The goods remain the property of the lender until the final payment has been made
If on hire purchase, evidence of money owing on the finance You can get a screenshot of balance online
Make a clean photograph of the document attached to the vehicle, this identifies the bailiff that clamped the car
If the hire-purchase car is removed, any document given by the bailiff telling you he has removed it to a place of storage
If the bailiff company still keeps the car "on clamp" after giving notice, then you may apply for an injunction and ask for your damages and costs