Council Tax Debt Bailiff Clamped Car - Help Please

Divorcing

Hi All

I have a debt from a previous address which is in dispute. The matter is now with the ombudsman.

Today bailiffs visited me and when I looked out the window there was a clamp on my car. I spoke with the bailiff and explained that the car was a 'tool of the trade' and without it i could not work. Further my divorce solicitors wrote a letter confirming this and I provided them with a copy of my insurance that states business use. Albeit this was amended as I mistakenly thought I could travel to and from my place of work but apparently that is not the case with Axa.

I asked the bailiff on two occasions for documents and he said he had them but did not provide me with anything. He said I would need to liaise with his office, Phoenix Commercial Collections, and send them a fax and left leaving the clamp on the car.

I faxed them a letter and the insurance certificate and the solicitors letter at 4pm. When I spoke to them they said they could not deal with it until tomorrow and when I called the bailiff he said he would be towing the car tomorrow, unless I assume he is told not to by his office.

I did browse around and there was mention that if he hasn't provided any document regarding the power to seize the car or the fact he has taken possession the car hasn't as such been seized and I could legally sell it to a friend or relative tonight for a nominal amount and provide evidence of a bank transfer, receipt and the V5 notice part and they could not touch it, is this correct?

I would appreciate any advice anyone could please give as I am very worried as I am in Court all day tomorrow regarding my divorce.

GingerFurball_2

Why England don't ban private clamping is beyond me. This is basically legalised theft.

Prothet_of_Doom

You should have phoned the police. What he did was illegal (probably)

nottoolate

think a user called halowitch might be worth pming as they seem expert on this

fatbelly

This is a bailiff acting under a magistrate court liability order. The police will side with the bailiff.

Options appear to be:

pay up
enter into a payment arrangement and pay the first instalment (the bailiff doesn't actually want to remove the car as it's a lot of hassle)
provide a statutory declaration from a third party that they own the car
try to remove the clamp without damage, hide the car, return the clamp to the bailiff.

I do know a case where option 4 was used - deflate tyre, drive out of it - but I'm not recommending that unless you know what you're doing.

Option 1 or 2 probably easiest at this stage but feel free to suggest other options