Car Clamped please Help!!

[Deleted User]

G195Y wrote: »

the bailiff clamped car on drive

G195Y wrote: »

Notice after entry or taking control of goods (on a highway)

:undecided

G195Y

Policy is in wife's name as main driver, i'm named driver and all payments on insurance were from my account, I'm not denying that the car was bought for my wife's use in anyway, but a previous ex partner cleaned me out before, (car, belongings the lot, left with 2 bags of clothes) and I wasn't going to have it happen again so bought car in my name for wife's use. We weren't married at time had met 2 months previous.


Regarding drive/highway bit I did think it wasn't on highway but not sure how legally binding that is or whether they have wriggle room on that kind of thing,

[Deleted User]

G195Y wrote: »

Policy is in wife's name as main driver

Then I think you are probably screwed.

One of the questions on the Insurance proposal is "Are you the owner of the vehicle?".

With a few exceptions (eg. HP, lease car), if the answer is no, they will generally decline to insure you, on the grounds you have no financial interest in the vehicle.

I suggest you check your wife's copy of the proposal form, just to be sure, but I'm pretty certain your wife will have declared herself to be the owner, and that will be good enough for the court.

G195Y

Long shot and possible naïve comment - does it matter that all bailiffs paperwork is in maiden name and car documents in married name??

GingerBob_3

I thought clamping on private land was now illegal in England, or are parasites exempt, or something?

[Deleted User]

GingerBob wrote: »

I thought clamping on private land was now illegal in England, or are parasites exempt, or something?

Yes, Bailiffs are exempt, when enforcing unpaid fines, Council Tax, or CCJs.

GingerBob_3

Bedsit_Bob wrote: »

Yes, Bailiffs are exempt, when enforcing unpaid fines, Council Tax, or CCJs.

Ironic, isn't it? The parking low-lifes are banned but the debt collection low-lifes carry on.

[Deleted User]

But only with the approval of the court.

They cannot clamp, without the direct permission of the court.

G195Y

Trying to read up on as much as possible and states numerous places that goods cannot be seized unless 'solely owned' by debtor, surely the receipt being in my name regardless of V5 proves that wife doesn't solely own the car and on these grounds clamp should be removed??

Is it worth putting a complaint form in regarding the behaviour??
Or am I just best getting sworn statement of ownership?

[Deleted User]

G195Y wrote: »

Trying to read up on as much as possible and states numerous places that goods cannot be seized unless 'solely owned' by debtor

I'm afraid that's not true.

Jointly owned items may be taken, but, once they are sold, the joint owner(s) must be given their share of the proceeds.

surely the receipt being in my name regardless of V5 proves that wife doesn't solely own the car

Not necessarily.

You could have bought her the car as a gift.

If the car really does belong to you, make a Statutory Declaration to that effect, ASAP.

However, be aware that making a false SD is an offence under the Perjury Act, which could lead to a prison term of up to 2 years, and/or a fine.

As I previously mentioned, I would advise you to check the Insurance Application, to see what your wife stated, in reply to the question "Are you the owner of the vehicle?".

If she answered yes, that will be considered strong evidence that she is, indeed the owner.