Clamp on hire purchase car.

[Blakie]

My car is on hp and was clamped for a fine on another car. The clamp has been on the car for 3 weeks now, I've sent an email to Marston alone with a copy of the hp agreement. I also explained that I am a single parent, am not working and am also a vulnerable adult with various health issues. I have offered a payment plan but all I've received back is an acknowledgement of the email and nothing since. Any advice on what I should do next would be greatly appreciated.

[R0b]

Hello

The starting point is that bailiffs are not allowed to take or seize goods that don't belong to the debtor. The goods under a hire purchase agreement belongs to the creditor at all times until you decide to exercise your right to purchase those goods. Bailiff companies like to seize cars because they are an easy target to put pressure on the debtor into paying up.

When it comes to financed cars, bailiff companies argue that the car can be seized because you have a 'beneficial interest' but that is not true. There is legally binding authority from the courts that confirms that a hire purchase vehicle is a rental agreement but with the option for the hirer to purchase the vehicle at the end of the rental period for an agreed price. Until the hirer exercises that option, the vehicle ownership remains fully with the creditor and the only interest that the hirer holds is a possessory interest i.e. you have the right to use the vehicle but nothing more.

In my view, a bailiff who clamps a car on hire purchase is liable to be sued for interference with goods and any damages/compensation that follows as a result. The question is what do you want to do about it, are you prepared to go all the way to court if that is the only option available?

Here are some suggestions:

1. Write a complaint to the creditor (make sure to send it to the appropriate department) explaining that the bailiff has unlawfully clamped your car which is on hire purchase. The bailiff company is ignoring you but because they are the creditor instructing the bailiff firm, unless immediate steps are taken to remove the clamp from the car, you will consider suing the creditor together with the bailiff company and the bailiff himself/herself. There may be questions as to the creditor's liability in this case but nevertheless still worth mentioning anyway as they will be on notice.

2. Email the bailiff company and follow up, asking them to remove the clamp as it is unlawful and the goods do not belong to you. Repeat pretty much the same as point 1.

3. Document all losses/expenses incurred as a result of the car being clamped, as well as the inconvenience such has having to get the bus, multiple connections, walking long distances etc. You may as well document how it has impacted your health given you are a vulnerable person.

4. Last option would be to consider sending a letter before action to the above parties setting out your potential claim against them and then issuing proceedings if they do not respond or resolve the problem. You have to bear in mind, the legal process can be quite daunting and stressful at times as you need to adhere to strict court timelines or run the risk of your case being chucked out. Ultimately, it comes down to you and how comfortable you are doing this.

Happy to review and feedback on any response you draft if you upload it on here first.

[Blakie]

Thank you for the advice. I emailed the bailiffs and the creditor bit that was before seeing this response. I am awaiting a response from both, but I will follow up with the bailiffs stating my intentions as it has been since the 3rd of February and I only received an acknowledgement response.

[Blakie]

Hello


It seems that I will have to go down the legal route as Marston insist that they can clamp the car but they cannot remove it for sale.

[Blakie]

Any advice on how to go down the legal route will be appreciate.

[Patricialivi]

Please help! My car has being clamped by Marston yesterday qs they are looking for the previous owner. I have provided all the documents the agent asked to proof the car is legally mine ( V5/ road tax/ insurance) and yet he is not releasing the car. I went to the police they said there’s nothing they can do to help. Ive also contacted citizens advice bureau which is going to come back to me tomorrow.
please help me! I’m drained with this situation. It’s really unfair I do not own any money to anyone.

[Ukmicky]

Small claims court and contact the hire purchase company.