Car clamped whilst on hire purchase

[mcfc99]

Hi guys

some advice needed. My car has been clamped this morning whilst on my drive due to an unpaid parking fine, I informed the enforcement agent that the car was on finance but yet he proceeded to clamp the vehicle and put a warning of immobilisation sticker on the car . Is this allowed with the car not belonging to me as I'm only 8 months into a 4 year agreement with thefinance company? Any help or advice would be appreciated as I'm pretty clueless with this kind of stuff.

thanks

[R0b]

Re: Car clamped whilst on hire purchase

I don't believe they can clamp vehicles which are on finance, they certainly cannot remove it. Your first port of call will be to contact the bailiffs and provide a copy of your hire purchase agreement and give them 7 days to remove the clamp. I would also be sending a copy letter to whoever you owe the money to and advise them that they are acting under their instructions. If they fail to remove it you will be considering legal proceedings and joining with the company and bailiffs as defendants.

Don't remove the clamp as it will be criminal damage. Your claim against them would be wrongful interference against goods.

[mcfc99]

Re: Car clamped whilst on hire purchase

Hi Rob

thanks for for the advice , I rang the finance company and they said if they try and move the car to contact them immediately .

[R0b]

Re: Car clamped whilst on hire purchase

It's likely that if they do decide to remove the car your finance company will probably take action so you may not need to. But you could be an adjoining claimant and claim back any monies the car has not been used. In fact I would put that in your letter, so whatever your monthly rate it calculate that as a daily rate for each day they do not come out to remove the clamp as compensation for clamping something they shouldn't have before conducting any necessary checks.