Bailiff Visit

[samanthabr30]

I received a visit from a bailiff I wasn't home at the time however I received a message from them stating that they would be placing my vehicle on file for clamping & removal. My vehicle is on finance can they take this?

[R0b]

I received a visit from a bailiff I wasn't home at the time however I received a message from them stating that they would be placing my vehicle on file for clamping & removal. My vehicle is on finance can they take this?

Well that depends on the type of finance, but I am assuming you are referring to a HP or PCP type agreement and if I am right, then absolutely not. Of course the bailiff might suggest they can take it because you might have some 'beneficial interest' but the law is on your side in that they can only take goods that actually belong to you. HP or PCP agreements are long-term hire agreements which you have what is known as a possessory title which is basically you have exclusive possession to use the vehicle but ownership and title to it belongs to the lender.

If I were you, I would be messaging the bailiff and putting them on notice that they cannot clamp the vehicle because is subject to a hire purchase agreement and therefore does not belong to you. Had the bailiff done checks on the vehicle at the time, then they would have known it was on hire purchase (or maybe they did and were aware but chose to ignore it). Make it clear that any attempt to clamp and/or take steps to remove the vehicle will be construed as trespass to goods and you reserve the right to pursue all damages and compensation for wrongful interference as well as costs for loss and expense of having to use alternative means of travel.

Then, if the bailiff decides to clamp the vehicle in the knowledge they have been made aware it is on hire purchase, they have no defence if you follow through with legal proceedings.

[samanthabr30]

Thank you the reply, yes I think they have just turned up seen the vehicle and then messaged that without doing any checks what so ever. Was watching a few videos last night and people saying just have the proof ready to show them if they do clamp it

[R0b]

Having evidence of the agreement would also be proof, just make sure to lock your door if you are stepping outside as the bailiff(s) may want to make a beeline to enter your home peacefully.

I would still suggest that you put the bailiff on notice before they try to clamp it because there is a defence if they have a reasonable belief that the car is free from finance. Obviously, reasonable checks would be required to be carried out before that defence could be used but you don't really want to give the bailiff any leeway on this. You may also want to send them a screenshot of the agreement confirming the vehicle registration is subject to a financed agreement. Be careful, however, as whichever option you choose, I have heard some bailiffs clamp the vehicle then reach out to the lender telling them it has been seized. The lender then takes steps to terminate your agreement on the basis that you have allowed it to be seized and they have a right to terminate under a clause in the contract (I don't agree with this position for various reasons but there is no case law on this point so it is just an argument).

That gets somewhat more complicated especially if you have not paid 1/3 of the total price payable under the agreement and the only solution to that may be legal proceedings against both the lender and the bailiff. If you find yourself in that position you may want to seek some legal advice.

[pt2537]

You need to be careful what you watch online, some videos are just utter bonkers and make wild claims about dealing with bailiffs . What you have been told above is quite right, if they clamp your vehicle and its on finance then they must remove the claim without undue delay, a copy of your hire purchase agreement should be sufficient to knock that on the head

[samanthabr30]

Thank you both for your replies. I have printed all my documents out and I'm also going to contact my hire purchase company to advise them of what has happened. Thanks again

[R0b]

Thank you both for your replies. I have printed all my documents out and I'm also going to contact my hire purchase company to advise them of what has happened. Thanks again

You may also want to be careful about telling the HP company as well. As I mentioned, there is typically a clause in your HP agreement that might allow the lender to terminate if the vehicle is clamped..Personally I wouldn't tell them but if you want to give the lender some ammunition to terminate your agreement, fill your boots.

[samanthabr30]

Thank you for the reply I haven't informed them, I've got everything printed from my hire purchase agreement. The company have messaged once again saying my vehicle is now on the number plate technology for clamping.