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  • FIRST POST
    • ratty76
    • By ratty76 9th Jun 17, 1:29 AM
    • 2Posts
    • 8Thanks
    ratty76
    Rossendales Bailiffs poor conduct is this legal
    • #1
    • 9th Jun 17, 1:29 AM
    Rossendales Bailiffs poor conduct is this legal 9th Jun 17 at 1:29 AM
    Hi I wondering if what happened to me this morning is legal. I will be writing letters of complaint to my local council and the bailiffs in question regardless, also wondered if they had broken any data protection laws. I went out to my car at 8.30am which was parked on the street I live on and I had been clamped. This caused absolute panic as my daughter had her maths GCSE exam at 9am.
    Quickly scanned the notice and it said it was for council tax arrears, which I knew we weren't in. Managed to arrange for daughter to get to school, thankfully on time for exam. Read the notice properly and it was the name and address of someone who lives around the corner. Phoned the bailiff said you have clamped my car you have got the wrong car get the clamp off now. She said I know at your car now, come to the car I will unclamp it. Went out ranted at her my daughter has nearly missed her gcse exam because of you. She replied what time did your daughter get up this morning?? What the hell it got to do with her. Asked why shes mixed my car up with someone elses when not even parked on the same road in question. Her reply was hpi checks don't tell you who owns the car?? Which didn't explain why she picked my car. I said was going to complain about her and get in touch with the local paper. she said all I can to is apoligise but its only 5 to 9 now. So I would love to know is this legal can they just clamp random cars and I have the notice with this persons debt details on. If the shoe was on the other foot I would be mortified that someone had been given them details about me.
Page 1
    • MEM62
    • By MEM62 9th Jun 17, 9:19 AM
    • 1,221 Posts
    • 869 Thanks
    MEM62
    • #2
    • 9th Jun 17, 9:19 AM
    • #2
    • 9th Jun 17, 9:19 AM
    I appreciate that it is a frustrating situation. What outcome are you looking for from your complaint?
  • National Debtline
    • #3
    • 9th Jun 17, 12:04 PM
    • #3
    • 9th Jun 17, 12:04 PM
    Hi Ratty76,


    I can understand your frustration in a situation like this and I think you could complain and argue the bailiff had not done sufficient research into who owns the vehicle they immobilised and that is completely inappropriate. You can ask why they believed your vehicle belonged to the person they were chasing and ask for an apology and/or compensation if you wish to. You can also raise the issue of the bailiffs conduct, professionalism etc.


    I will make you aware that bailiffs are allowed to clamped vehicles on a public road and can visit between 6am - 9pm. However, they should only be doing this to items owned by the liable person. They may argue that they had reason to believe your car belonged to the debtor (same make/ model/ year etc). but of course, you could argue they should've checked the registration details before taking action. It is very common, and advisable, for people to hide their cars away from their home when they have bailiffs, so the fact that it was on a different road is not unusual. They do appear to have removed in a timely manner, but I can absolutely understand that this is an inconvenience you should never have had to deal with.


    A complaint may result in an apology and potentially nothing more, but if you feel strongly about it you should raise it. Hopefully you won't have to deal with this again.

    Laura
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • CIS
    • By CIS 9th Jun 17, 12:21 PM
    • 9,815 Posts
    • 5,614 Thanks
    CIS
    • #4
    • 9th Jun 17, 12:21 PM
    • #4
    • 9th Jun 17, 12:21 PM
    I'd echo above - a complaint is the best action but apart from an apology there's not a lot else that can really be done. If you do complain then do so to the council and the enforcement agent.

    Craig
    I no longer work in Council Tax Recovery as I'm now a self employed Council Tax advisor and consultant with my own Council Tax consultancy business. My views are my own reading of the law and you should always check with the local authority in question.
    • poppasmurf_bewdley
    • By poppasmurf_bewdley 10th Jun 17, 6:58 PM
    • 4,942 Posts
    • 5,090 Thanks
    poppasmurf_bewdley
    • #5
    • 10th Jun 17, 6:58 PM
    • #5
    • 10th Jun 17, 6:58 PM
    What were your losses, if any, that you can claim compensation for?
    There are not enough superlatives in the English language to describe a 'Princess Coronation' locomotive in full cry. We shall never see their like again". O.S. Nock
    • Herbie21
    • By Herbie21 13th Jun 17, 9:53 AM
    • 746 Posts
    • 941 Thanks
    Herbie21
    • #6
    • 13th Jun 17, 9:53 AM
    • #6
    • 13th Jun 17, 9:53 AM
    You should aim for an apology. A claim for compensation would fail given that you would have to prove what losses you may have encountered as a result of your car being wrongly clamped for a short period of time.

    If for instance your family were going on holiday and had missed the flight, then a claim for compensation would likely succeed.
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