Car clamped by Newlyn Bailiffs

looktothefuture

so Nimas... did you speak to Herbie21 today? Let us know how you're getting on!

BeautyandtheBeast_3

Can they camp your car?? surely there must be a law about that.

RobertoMoir

BeautyandtheBeast wrote: »

Can they camp your car?? surely there must be a law about that.

There IS a law about that. It says that bailiffs can seize a debtor's car under certain circumstances.

GotToChange

But ARE these the appropriate circumstances?
I thought that a Bailiff could only call after a CCJ had been issued and "ignored"; they also shouldn't clamp (has it literally been clamped?) the car without a warning first - known as seizing....

You should first have been given the chance to pay or arrange terms and nevertheless, this should have been done on the back of a CCJ - which would have given you the opportunity to get them to back off.

Please check the Courts website*, there is a form - I think it's N35 but not 100% sure - which you can complete and for a cost of £35, the Bailiffs are called off and you are given the chnace to set up a payment plan or dispute the case altogether, which is what it sounds like you should be doing.

Meantime, also (if you have it) collate all paperwork re. this "debt" and see if the original amount has increased (sounds as though it has) as no additional charges should be added at this point either.

*others may correct me on this - I have looked myself and can't find it. have to go out now but will have a search through my records and post again.

BeautyandtheBeast_3

OMG!!!
OP - i really hope you get it back ASAP
big hugs

kaya

the bailiffs have anpr equipped cars? i thought this system was only in use by the plod?

looktothefuture

Herbie21 wrote: »

The car is not back yet !!

It's been a very busy day !!......it turned out that the PCN and all following documents had not been received because the address......and the postcode.....on the warrant was incorrect!!!

In cases such as this, the bailiff will only be able to locate the car if it is parked on a road at the same time as he is passing in an ANPR vehicle.


In cases such as this an Out of Time late Statutory Declaration had to be filed.

More on this tomorrow ....
.
www.bailiffadviceonline.co.uk

Go Herbie go! :j You're my heroin!

RAS

:rotfl:can we try adding an E - heroine:rotfl:

looktothefuture

RAS wrote: »

:rotfl:can we try adding an E - heroine:rotfl:

:rotfl:PMSL

RobertoMoir

GotToChange wrote: »

But ARE these the appropriate circumstances?

It sounds like Herbie has found a procedural issue which will help with this particular case, thank goodness, but in general terms this is common practice - while I'd always defer to Herbie's more recent experience and knowledge of bailiff practices, if you read my sig closely you'll see I do have some experience there myself.

But to address the rest of the points raised... assuming the instructions to the bailiff are valid then...

GotToChange wrote: »

I thought that a Bailiff could only call after a CCJ had been issued and "ignored"; they also shouldn't clamp (has it literally been clamped?) the car without a warning first - known as seizing....

CCJs are not always required. Bailiffs can be instructed for other things, such as fines, as is the case here. These will usually come through magistrates courts and are handled quite differently to CCJs.

GotToChange wrote: »

You should first have been given the chance to pay or arrange terms and nevertheless, this should have been done on the back of a CCJ - which would have given you the opportunity to get them to back off.

The bailiff can offer a chance to pay but if they think goods that they have levied upon (aka seized) might be taken away or if the debtor still refuses to pay, etc, they can usually choose to levy and then enforce in one go.

GotToChange wrote: »

Please check the Courts website*, there is a form - I think it's N35 but not 100% sure - which you can complete and for a cost of £35, the Bailiffs are called off and you are given the chnace to set up a payment plan or dispute the case altogether, which is what it sounds like you should be doing.

The procedure is a little different for fines but an ability to dispute the process does exist, yes.