HP car clamped, baillif wont answer the phone

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Queenlavish
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#1 HP car clamped, baillif wont answer the phone

Post by Queenlavish » 01 Aug 2017 17:39

I stopped at a corner shop after work to get some bits, got to my car to find it clamped! No bailiff in sight. Rang the number left on the window and Newlyn Bailiff answered saying I have unpaid bus lane and box junction fines and have to pay £700 odd. Explained I cannot afford this and will like to come to a payment arrangement. He refused and said he will get a removal van to take the car away. I said he couldn't as its on HP but he said it didn't matter. This all happened last Wednesday after 6pm. The car is still clamped and I haven't been able to contact Bailiff since then despite numerous calls to his mobile and their main office. I wouldn't have had any notices before hand because I am currently homeless and sofa surfing with friends and family until I get my life back.

I made a complaints via the resolver website and had response yesterday around 4pm from Newlyn saying they will withhold action for 10 days while my complaint is being looked into. I responded, asking then to send their bailiff to remove the clamp asap while I come to a payment arrangement. Haven't had a response yet but I am on my way to the car to see if it's been unclamped. If the clamp is still there, what can I do next?

Your response will be much appreciated!

Thanks

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Pote Snitkin
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#2 Re: HP car clamped, baillif wont answer the phone

Post by Pote Snitkin » 01 Aug 2017 21:24

You need to complain direct to the creditor (the council) ASAP - they remain liable for all actions the bailiff takes. Report that they have clamped an exempt vehicle (being on HP) for a week. Gather up all receipts for any expenses you've incurred by having no car and tell the council you will expect to be reimbursed.

Explain that you are of no fixed abode therefore could not have received any notices from themselves and the bailiff. This makes any enforcement invalid.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

Queenlavish
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#3 Re: HP car clamped, baillif wont answer the phone

Post by Queenlavish » 01 Aug 2017 21:42

Pote, thank you kindly for your response! I will draft the email tonight and send it first thing in the morning. Do you suggest i attach a copy of my HP agreement and all receipts for expenses?

Regards,

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Pote Snitkin
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#4 Re: HP car clamped, baillif wont answer the phone

Post by Pote Snitkin » 01 Aug 2017 22:06

Queenlavish wrote:
01 Aug 2017 21:42
Do you suggest i attach a copy of my HP agreement and all receipts for expenses?

Regards,
Yes, the more the better. Don't forget to add that you've been getting no response from the bailiffs.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

Queenlavish
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Joined: 31 Jul 2017 21:35

#5 Re: HP car clamped, baillif wont answer the phone

Post by Queenlavish » 02 Aug 2017 09:53

Pote Snitkin wrote:
01 Aug 2017 22:06
Queenlavish wrote:
01 Aug 2017 21:42
Do you suggest i attach a copy of my HP agreement and all receipts for expenses?

Regards,
Yes, the more the better. Don't forget to add that you've been getting no response from the bailiffs.
Thanks, I have just sent the email, I listed all the times I rang the bailiff with no response - a total of 18 times! I also demanded the clamp be removed by 5pm today. I will update you as soon as I hear back. Have a lovely day.

Errolace
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#6 Re: HP car clamped, baillif wont answer the phone

Post by Errolace » 23 Oct 2017 07:31

In future if this happens again...

It is illegal to clamp a car on HP full stop. They know this. They must check if the car is hired!!! which it it's until you have have fully paid. Until then the car belongs to the finance company. You have every right to remove the clamp but you must give the enforcement officers one hour to remove the clamp. After that remove the clamp and report it to the police. You now will have a case against the agency. Charge the agency for storage of the clamp. Ensure you video your car with the clamp and get all the enforcement officers details.

http://www.dealingwithbailiffs.co.uk/cl ... rights.htm
http://www.legislation.gov.uk/ukpga/1971/48/section/1
http://www.legislation.gov.uk/ukpga/201 ... 26/enacted

Queenlavish
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#7 Re: HP car clamped, baillif wont answer the phone

Post by Queenlavish » 23 Oct 2017 14:54

Thanks Errolace, now I know! As advised by Pote, I made a complaint directly to the Council who got the car unclamped by the time I returned home from work. Then I received an email from Newlyn advising the account has been put on hold and to send them an income and expenditure form so they can agree on a repayment amount. I did this weeks ago and they confirmed receipt but I still haven't heard from them.

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Schedule 12
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#8 Re: HP car clamped, baillif wont answer the phone

Post by Schedule 12 » 23 Oct 2017 15:38

Have you made a claim for clamping the HP car?. You are entitled to recover the loss of use and alternative transport costs. The claim is made against Highways England, and they can later, recover it from the indemnity insurers for the bailiff company.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Errolace
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#9 Re: HP car clamped, baillif wont answer the phone

Post by Errolace » 24 Oct 2017 00:35

Write to the council and tell them you want to settle the fine with them this will cut out the middle man. If they say deal with the enforcement write to the courts. Tell them the enforcement officers are being unreasonable and committed a criminal offence by clamping a car which is exempt. You will be able to cut the cost by at least half. After this Newlyn will have no further involvement as you will have settled with the court. They may tell you different as Xmas is coming and they are getting desperate for cash.
Also you can now make a claim if you wish and get some money from Newlyn's as they have acted illegally.

Good luck knowledge is power.....

Edd
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#10 Re: HP car clamped, baillif wont answer the phone

Post by Edd » 24 Oct 2017 00:51

Alleged reps of said company? One very quick search reveals this:

https://m.youtube.com/watch?v=n9ridhuwKVM

Good or bad example? You decide. Does this kind of behaviour effectively give a green light for others to behave the same way - not much is really pointing towards a unanimous no. Which quite frankly stinks.

Edd
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#11 Re: HP car clamped, baillif wont answer the phone

Post by Edd » 24 Oct 2017 01:02

3 mins 20second in ^ above clip reveals a lot. Again, it is alleged - and we can only go with whoever filmed it. Fact remains, it is out there and given the PCs final common sense approach, maybe a reaction the EAs least expected - relevant questions remain how on earth these set ups are allowed to treat people with such contempt despite allegations towards them or circumstances surrounding each and every case.

Two wrongs seldom make a right, right?

Queenlavish
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#12 Re: HP car clamped, baillif wont answer the phone

Post by Queenlavish » 13 Nov 2017 18:02

Schedule 12 wrote:
23 Oct 2017 15:38
Have you made a claim for clamping the HP car?. You are entitled to recover the loss of use and alternative transport costs. The claim is made against Highways England, and they can later, recover it from the indemnity insurers for the bailiff company.
Who do I make the claim against? The Council or the Bailiff?

Queenlavish
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Joined: 31 Jul 2017 21:35

#13 Re: HP car clamped, baillif wont answer the phone

Post by Queenlavish » 13 Nov 2017 18:07

Errolace wrote:
24 Oct 2017 00:35
Write to the council and tell them you want to settle the fine with them this will cut out the middle man. If they say deal with the enforcement write to the courts. Tell them the enforcement officers are being unreasonable and committed a criminal offence by clamping a car which is exempt. You will be able to cut the cost by at least half. After this Newlyn will have no further involvement as you will have settled with the court. They may tell you different as Xmas is coming and they are getting desperate for cash.
Also you can now make a claim if you wish and get some money from Newlyn's as they have acted illegally.

Good luck knowledge is power.....
I did this but the Council refused to discuss with me. I will now write to the court as advised. I have suddenly started to receive call and text messages from Newlyn. The account that was placed on hold pending a look at my income and expenditure has somehow been passed on to an enforcement agent. I provided all the information they asked for to show that I could only afford around £25 a month and heard nothing back. I rang the offices last week to find out why they hadn't set up a payment plan as agreed, and all I got was threats, saying I had no intention to pay. Well if I didn't, I wouldn't send you my financial history detailing my income and expenditure! I am at a loss as to what to do now.

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Schedule 12
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#14 Re: HP car clamped, baillif wont answer the phone

Post by Schedule 12 » 14 Nov 2017 10:45

Queenlavish wrote:
13 Nov 2017 18:02

Who do I make the claim against? The Council or the Bailiff?

Paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007. The Creditor is liable for its agents.

You cannot make a claim on the bailiff's indemnity insurance. Only the creditor can.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

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