Bailiff clamped your hire-purchase car.
Enforcement agents (bailiffs) are prohibited from taking control goods under lease or on hire purchase.
Ownership does not transfer to the debtor until the vehicle purchase option is exercised.Enforcement agencies may argue that debtors hold a "beneficial interest" in hire purchase vehicles. However, this argument was dismissed in court during a case involving Newlyn Plc (represented by Peter Felton Gerber) and Marston (Holdings) Ltd "marston recovery". The solicitor attempted to deceive a judge with this flawed legal assertion but were unsuccessful.
Some bailiffs may claim that the hirer is responsible for fines incurred "on the vehicle." However, warrants for traffic debts are directed at the driver, identified as "The Respondent," rather than the vehicle itself.
Enforcement agents know they cannot clamp hire-purchase vehicles. Moreover, they are aware of the significant risk of facing costly legal claims. Therefore, they proactively remove the clamp when they anticipate an impending injunction application.
You have the option to seek a court injunction against both the bailiff and the council, demanding the release of the vehicle, and you may claim damages, such as loss of earnings, and the expenses incurred in initiating legal proceedings.
Upon serving the injunction and removing the clamp, the likelihood of recovering traffic contravention debts and bailiff fees diminishes significantly for the bailiff.
Nevertheless, this does not absolve you of the debt and associated enforcement fees. Yet, continuing enforcement actions become financially burdensome for the bailiff due to bearing the legal expenses of the injunction.
Consequently, clamping hire-purchase goods presents a high-risk scenario for bailiffs.
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 vehicle, the bailiff breaches 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, in accordance with the law, a purchaser does not acquire legitimate ownership.
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 commence the injunction against the creditor (or council) represented by the bailiff company, in accordance with provision 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007, which stipulates:
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—
Template: Inform the bailiff company and the bailiff through email and text message about the Hire Purchase status of the vehicle. Ensure to save screenshots of the sent messages displaying the time of delivery (notification).
This step invalidates any prospective sale and satisfies the pre-action protocol for pursuing an injunction if the hire purchase vehicle remains unreleased by the designated deadline.Should the deadline elapse, you have the option to seek an injunction compelling the bailiff to either remove the wheel clamp from your vehicle or release the car.
Gather the following items:
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A photograph of the vehicle displaying the number plate and the wheel clamp.
A copy of the hire-purchase agreement or leasing contract, highlighting the section stating that the goods remain the property of the lender until the final payment has been completed.
If under hire purchase, evidence of outstanding finance, which can be obtained through an online screenshot of the balance.
Capture a clear image of the document attached to the vehicle, identifying the bailiff responsible for clamping the car.
In the event that the bailiff company maintains the clamp on the car despite receiving notice, you may proceed to apply for an injunction and claim damages and costs.