Car clamped while house sitting

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Pru1965
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Car clamped while house sitting

Post by Pru1965 » 22 Feb 2018 20:28

I had my car clamped by EA whilst house sitting for friends when they were away.

Surely the EA had no authority to do this? He stated a vehicle check only confirmed registration and not ownership.
It was only after I showed proof from electronic files of my insurance that he took the wheel clamp off and took his time about it whilst asking questions by putting me under duress.

He apparently hadn't discussed the matter with the owners of the debt. I'm wondering if he was acting legally.

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Schedule 12
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Car clamped while house sitting

Post by Schedule 12 » 22 Feb 2018 20:45

He acted illegally only in so far as clamping the vehicle that is not the debtors. It is a breach of Paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

The only remedy you have is to bring an action against the bailiff under section 3 of the Torts (Interference with Goods) Act 1977 because he unlawfully deprived you the lawful use of your car.

The amount you claim is the costs paid in respect of the loss of the car, or if the bailiff was vexatious and refused to release the car upon shown evidence the car is not the debtors, then the claim's paid out for unlawful deprivation generally tend to be around £50 a day.

For claims such as a false arrest or unlawful imprisonment by a police officer, the claims tend to be settled by police forces at around £500 for the false arrest plus £50 an hour for the unlawful imprisonment.

For bringing an action for unlawful clamping, the procedures are now routine for us. Bailiffs will mess unrepresented claiments about during the process, such as making wildcat statement such as "putting the claimant on strict proof" or "the claimant does not plead a proper cause of action".

These can be ignored. Solicitors for bailiff companies make token offers of settlement outside court, for this reason, I tell all my clients never get into a discussion with an opponents solicitor.

If the client is represented, then the bailiff solicitor must settle the whole claim there and then in full. The money transfer has to be made in real time before going before the judge to seal a consent order. If the bailiff solicitor refuses a consent order or a judgment against the bailiff company, then the client solicitor will increase the settlement in £500 increments plus the hourly rate for the client's summary costs.
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

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Wayne_Kenoff
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Car clamped while house sitting

Post by Wayne_Kenoff » 22 Feb 2018 21:42

So i have a quick question... If I had a car on Hire Purchase and A bailiff seized it - Is it okay for him to take it or is this something i should be fighting...

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Schedule 12
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Car clamped while house sitting

Post by Schedule 12 » 22 Feb 2018 22:01

He cannot take a car on HP. You apply for an injunction and put in a claim for damages.
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Wayne_Kenoff
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Car clamped while house sitting

Post by Wayne_Kenoff » 22 Feb 2018 22:07

Is there a particular form that i need to fill into do this?

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Syd Snitkin
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Re: Car clamped while house sitting

Post by Syd Snitkin » 22 Feb 2018 22:22

Awful lot of HP queries tonight.......
Dodgeball on the Criminal Procedure Rules - "FMOTL nonsense". Discuss.

John The Baptist
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Re: Car clamped while house sitting

Post by John The Baptist » 22 Feb 2018 22:47

Pote Snitkin wrote:
22 Feb 2018 22:22
Awful lot of HP queries tonight.......
Just like a number 11 bus. None for 12 months and then 3 within 24 hours.
Dodgeball on committal for council tax being a coercive measure - "FMOTL nonsense". Discuss

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Re: Car clamped while house sitting

Post by John The Baptist » 22 Feb 2018 23:05

Schedule 12 wrote:
22 Feb 2018 20:45
He acted illegally only in so far as clamping the vehicle that is not the debtors. It is a breach of Paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

The only remedy you have is to bring an action against the bailiff under section 3 of the Torts (Interference with Goods) Act 1977 because he unlawfully deprived you the lawful use of your car.

The amount you claim is the costs paid in respect of the loss of the car, or if the bailiff was vexatious and refused to release the car upon shown evidence the car is not the debtors, then the claim's paid out for unlawful deprivation generally tend to be around £50 a day.

For claims such as a false arrest or unlawful imprisonment by a police officer, the claims tend to be settled by police forces at around £500 for the false arrest plus £50 an hour for the unlawful imprisonment.

For bringing an action for unlawful clamping, the procedures are now routine for us. Bailiffs will mess unrepresented claiments about during the process, such as making wildcat statement such as "putting the claimant on strict proof" or "the claimant does not plead a proper cause of action".

These can be ignored. Solicitors for bailiff companies make token offers of settlement outside court, for this reason, I tell all my clients never get into a discussion with an opponents solicitor.

If the client is represented, then the bailiff solicitor must settle the whole claim there and then in full. The money transfer has to be made in real time before going before the judge to seal a consent order. If the bailiff solicitor refuses a consent order or a judgment against the bailiff company, then the client solicitor will increase the settlement in £500 increments plus the hourly rate for the client's summary costs.
I'm seriously beginning to think that you need certifying.
Dodgeball on committal for council tax being a coercive measure - "FMOTL nonsense". Discuss

Pru1965
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Re: Car clamped while house sitting

Post by Pru1965 » 24 Feb 2018 10:02

The EA threatened he would be back to force entry into the property. There is every chance I will be staying here in the next few weeks or so and I have concerns about getting out to work and visiting elderly mother.

What sort of time scale before he is back again?

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Schedule 12
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Re: Car clamped while house sitting

Post by Schedule 12 » 24 Feb 2018 10:22

He doesn't have the power to force entry. If you have told him the occupants are not there, then the bailiff should leave you alone.

You should report this to police and they will make a CAD record of the complaint and give you an incident reference number. That way, if you get trouble, you can call 999 reporting a disturbance.
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

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Schedule 12
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Re: Car clamped while house sitting

Post by Schedule 12 » 24 Feb 2018 11:19

Does anyone's sixth sense tell them this is another Sheila Harding spoof thread?
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Pru1965
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Re: Car clamped while house sitting

Post by Pru1965 » 24 Feb 2018 14:45

You know,I've never had any dealings with EA's in my life?...let alone been aware of this website before.
There are circumstances which require me to be at this property which I don't feel obligated to elaborate on, and end up dealing with a bully and a heavy weight.

I came to this website looking for genuine guidance but find myself of caught in the middle of a firing line. I guess there is no advice like paid for advice but it's knowing where to find the specialists.

I find the source of my last query hasn't been made reference to and I wonder about the authenticity of the site with various people using it to have a go at one another. Furthermore, this Sheila Harding really doesn't mean a thing to me and I really have no interest other than my own well being whilst coming up against these sneaky horrible specimens called EA's. (I wonder if they are so open with their methods when negotiating their contracts with local authorities).

Anyway....disappointed with the site and responses.

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Schedule 12
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Re: Car clamped while house sitting

Post by Schedule 12 » 24 Feb 2018 15:38

This thread was singled out was you made a hypothetical question already answered many times on this board.

Genuine enquiries are case-specific and can upload documents to assist other members to answer the question.

Sheila Harding is banned from this forum and many others for her disruptive behaviour. She is left with the Consumer Action Group, a commercial site, which recently had its media credibility punctured.

We don't want to answer questions from a pair of jobless internet trolls suffering from crab mentality.
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

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Syd Snitkin
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Re: Car clamped while house sitting

Post by Syd Snitkin » 24 Feb 2018 15:54

Pru1965 wrote:
24 Feb 2018 14:45
Furthermore, this Sheila Harding really doesn't mean a thing to me and I really have no interest other than my own well being whilst coming up against these sneaky horrible specimens called EA's.
Yet the first thread you visited was the one with her name on.
Dodgeball on the Criminal Procedure Rules - "FMOTL nonsense". Discuss.

Pru1965
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Re: Car clamped while house sitting

Post by Pru1965 » 24 Feb 2018 17:37

Can't remember my original search reference but yes this woman's name did come up. Having never used a forum I was purely interested in finding a way 'in' to post my enquiry. I had after all encountered a rather unsavoury experience.

Having posted just 2 posts I feel as if I'm having to justify myself for making enquiries. Perhaps forums aren't for me after all.

Good luck to those who are more forum orientated than myself.

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Syd Snitkin
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Re: Car clamped while house sitting

Post by Syd Snitkin » 24 Feb 2018 19:22

Yet you visited the 'Sheila' thread 3 times. Bit strange that seeing as you have no interest in her.
Dodgeball on the Criminal Procedure Rules - "FMOTL nonsense". Discuss.

Pru1965
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Re: Car clamped while house sitting

Post by Pru1965 » 24 Feb 2018 21:55

Did I now?...well I can assure you that's down to the fact the search facility didn't aid me in what I was looking for. Pardon me for my error. I have to say I found the search engine was pretty poor generally.

I can also assure I'm no troll, I had every intention of ringing schedule 10 and paying his fee once half term was out the way until I saw your comment in reference to me being as spoof.

But just consider this, I am in fact genuine and needed help and ok, I'm not great at using a search engine or partaking in a forum. You are actually wrong. I've found you really quite unhelpful if not rude and personal. I would like to have challenged this action of the EA with my car and I really don't relish another visit of them forcing their way in. I guess I should look elsewhere for quidance.

Btw, I'm not unemployed. I work full time, I don't troll and this is my first experience of a forum.

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Re: Car clamped while house sitting

Post by Syd Snitkin » 24 Feb 2018 22:33

Not entirely sure why you keep returning. A bailiff clamped your car for someone else's debt, you showed proof of ownership, the bailiff removed the clamp. Don't know what else there is to be done.
Dodgeball on the Criminal Procedure Rules - "FMOTL nonsense". Discuss.

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Schedule 12
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Re: Car clamped while house sitting

Post by Schedule 12 » 24 Feb 2018 22:48

We get a lot of repeated questions, and the spoofs are usually connected to Sheila Harding who has a policy of causing disruption by creating pseudonymous names to orchestrate flame wars and making inflammatory posts on discussion groups about bailiffs.

Many website administrators banned her for it, except Consumer Action Group who was dropped from the media because of their forum being used to stage defamation threads and a Data Protection breach.

More recently she made a malicious complaint about me personally to a media organisation who then investigated her. It revealed that she has a dubious past, plenty of debt, a criminal record and has not held down a job as far as public records go while living a life of Riley. She left school without a single O'Level, and it's probable she did not sit any due to learning difficulties.

She even claimed that she worked for Citizens Advice. Her only connection with Citizens Advice turned out to be seeking advice as a debtor with a bailiff problem 12 years ago. After that, she became involved in debt avoidance schemes such as registering her car at false addresses to evade parking tickets, car tax fines and not paying her bills. She learned about debt avoidance and tax evasion from the Freedom of the Land movement whose websites she frequents, especially facebook groups.

She repeatedly gave wrong advice about bailiffs on Consumer Action Group, then orchestrated flame wars when her wrong advice was challenged. This forum was established to give correct advice without interference by moderators with bloated egos. Ever since, Sheila has continually fought this group, disrupted it, attacked our server (with the help of a hapless Clive Oddy from Kirkwhelpington), complained about it, investigated and published the private family lives of some of its members under an array of pseudonymous identities.

My clients don't originate from this forum. They come from solicitors less familiar with bailiff problems and approach me as consultant on civil enforcement matters and hire me as paralegal to prepare documents.
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

Author: dealingwithbailiffs.co.uk

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