help - bailiff clamped my husbands car today

aah

My son came home from Leeds in April to pay off his debts.

In September he got a bailiffs letter threatening him with action following non payment of council tax to Leeds City Council. My husband paid off the debt and my son who is now working has paid him back.

Today my husband's car was clamped and a hand delivered note put through for my son claiming that £168 was still owing.

My husband called the bailiff but got an answering machine. He then went out to his regular sports activity.

The bailiff called back and I answered. He said that my son had known about the charge on my husbands car (and on mine, but I have sold it). My son claims not.

The bailiff also said that he was perfectly entitled to clamp my husbands car and mine. He said he would be back tomorrow and I told him he had no right to come on to our premises, that we owed him nothing and that he had already acted unlawfully.

The bailiff was shouting at me and I asked him to stop, I also asked him to stop behaving in a bullying manner and he put the phone down.

I am now extremely scared that he will hit me, husband or son. I know this is unlawful but he has already acted unlawfully. We have phoned the police but they say it is nothing to do with them.

What can or should we do now. We need the clamp off my husbands car, and the bailiff off our backs.

Can someone help please, I'm really scared and at my wits end.

Many thanks
A

DVardysShadow

I would say saw the clamp off your husband's car, as it was put there without a legal right. But you need legal advice on this. Or you could go back to the council with whom the debt is alleged and tell them to get their bailiff's clamp of your husbands car.

KingElvis

Get a grinder and cut it off, then throw it in the street where it belongs.

usa1

Get an angle grinder and get if off - report them to the Council

dancingfairy

Right - was your son a student? if so he should have hand in his student certificate and would not be liable for council tax - it wasn't clear from your post - sorry.
Presuming that he did owe council tax at the property and hadn't paid then the council would have been within their rights to call a bailiff - you say your husband paid the debt off - who did he pay the debt to? the council or the bailiff? did the amount paid include the council tax owed, the cost of obtaining the liability order (court costs basically) plus any outstanding bailiff fees that were due at that time?
It sounds like the initial council tax bill was eventually paid but not inlcuding liability order costs etc and possible bailiff costs - we really need to know more about whether the bailiff had tried to contact your son previously - they can charge for this.
As you know the bailiff has levied on your husbands car which is not allowed as far as I know as the car does not belong to your son and no doubt the bailiff will try and add extra costs as well.
I would ring National Debtline for advice or try bailiffadvice online. Herbie or RAS and Hallowitch or Robert Moir on here are the experts on this sort of thing as well so it might be worth trying to send them a private message.
If you do get any more trouble from the bailiff then ring the police - you do have to feel threated in this way.
df

thespudman

Show the bailiff the log book for the vehicle to show that it does not belong to your son, also if the bailiff used physical violence contact the police.

Firstly complain to the bailiffs firm directly in writing.
Ask if they belong to a trade body with a complaints procedure. If they do, contact the trade body and make a complaint.
If youis unhappy with response they should contact their local County Court and ask for details of the complaints process.
If the bailiff is certificated a complaint can be made to the court who issued his/her certificate, this can be done using a FORM 4. This is available from the County Court or from the courts services website.
Some bailiffs are licensed under the Consumer Credit Act, if so the client can make a complaint to the Financial Ombudsman.

Trade Body Contact Information:
Association of Civil Enforcement Agencies: 01924 350 090
The Enforcement Services Association: 0117 907 4771

Bailiffs employed to recover council tax arrears are the only ones to have regulated charges. These are:

EVENT
CHARGES
If no entry is gained and no goods levied.
£24.50 for a first visit.
£18.00 for a second visit.
No further charges for further visits.
For making a levy.
£24.50 for the first £100 or less, 4% for the next £400, 2.5% for the next £1500, 1% for the next £8000 and 0.25% for any further amount
For entering into a walking possession agreement
Flat fee of £12
For a close possession agreement.
£15 per day
For one visit with a vehicle with a view to recover goods after the levy has been made.
Reasonable costs incurred.
(N.B. only one charge can be made)
For the removal and storage of goods
Reasonable costs incurred
For various items relating to sale or proposed sale of goods (e.g. auctioneers’ fees etc.)
Various fees and expenses

RAS

He cannot levy against your property to pay your son's debts. Totally illegal.

In the absence of a legal levy his maximum fee is £42.50.

I would suggest sending a pm to Herbie21 and maybe contacting her via the web-site. She is well known to bailiff companies and should be able to halt this.

Also ring LCC and make a verbal and then formal written complaint about the behaviour of their bailiff.

clang_uk

I've just read this post in total shock!!

I can not believe that they have any right to clamp your husband's car. My reaction would be to cut the thing off - but after reading elsewhere it may appear that you could be breaking the law (see below)

Make sure you get in writing, that they entered your (private) property, clamped an unrelated car (to the debt), ensure that you won't be charged for the clamping either. And if you want to go the whole hog, throw in a receipt for your husband's travelcard/bus ticket, and mention that you expect them to pay it - they can only say no!

I hope this gets resolved quickly.


Removal of or interference with immobilisation notice or device7. — (1) An immobilisation notice shall not be removed or interfered with except by or under the authority of an authorised person. (2) A person contravening paragraph (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale. (3) Any person who, without being authorised to do so in accordance with regulation 6, removes or attempts to remove an immobilisation device fixed to a vehicle in accordance with these Regulations is guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

DVardysShadow

clang_uk wrote: »

I've just read this post in total shock!!

I can not believe that they have any right to clamp your husband's car. My reaction would be to cut the thing off - but after reading elsewhere it may appear that you could be breaking the law (see below)

Make sure you get in writing, that they entered your (private) property, clamped an unrelated car (to the debt), ensure that you won't be charged for the clamping either. And if you want to go the whole hog, throw in a receipt for your husband's travelcard/bus ticket, and mention that you expect them to pay it - they can only say no!

I hope this gets resolved quickly.


Removal of or interference with immobilisation notice or device7. — (1) An immobilisation notice shall not be removed or interfered with except by or under the authority of an authorised person. (2) A person contravening paragraph (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale. (3) Any person who, without being authorised to do so in accordance with regulation 6, removes or attempts to remove an immobilisation device fixed to a vehicle in accordance with these Regulations is guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Which blddy regulations? Information so important as this NEEDS a link to get the context!!!! Although these 'regulations' are so clear cut, I don't believe that they apply to a clamp which is applied to a car belonging to someone who is not subject to a court order. which OP's OH is not.

clang_uk

This came from another forum I found by googling, not sure what it refers to, but in essence, the clamp remains the property of the clamper, and they are to remove it (sucks I know) if you try and remove it yourself you could be committing an offence (as it seems) I believe some form of criminal damage. I think the regulations came into effect to stop people hacking off clamps nilly willy. Personally I think clamps should be condemned to history along with stocks.

clang_uk

As promised here is the link http://forums.pepipoo.com/lofiversion/index.php/t55795.html