CDER GROUP ( JWB) Clamped car on finance( Hire and Purchase)

[Elhernan]

Bailiff clamped my car today, I told him the car is on finance, I sent proof by email, they told me they won't release the car. I don't know what to do, couldn't pick up my daughter from school today.

[R0b]

Have they actually replied by email saying they won't release the car? Could you post up their response?

You could threaten legal action and an injunction as well as damages for clamping a car that doesn't belong to you. They can only seize goods belonging to the debtor and they have absolutely no defence if they've been given evidence.

[Elhernan]

Hi, thank you for replying.

They haven't responded my email, but the bailiff said by text message "When payment is made or the office instructs me to release the vehicle I will" I told her I will remove the clamp if she doesn't do it by 12:00 and she said again by SMS "If you remove the clamp as you have just stated it is a criminal offence and you could be prosecuted"

I called the office CDER Group, they said that because I have an interest in the car they can clamp, I told him I was recording the conversation, which I did. He said I can record the conversation but I can't show it to anybody else.

I really don't know what to do, I need my car on a daily basis, the debt is with the Transport for London ( congestion charge)

Thanks

[ploddertom]

Have you advised TfL what has happened and that you will hold them responsible as they are liable for the actions of their Agents. If it still falls on deaf ears you could advise the HP co but be wary you will need to read your T&C first as they could rescind your agreement.

[R0b]

Hi, thank you for replying.

They haven't responded my email, but the bailiff said by text message "When payment is made or the office instructs me to release the vehicle I will" I told her I will remove the clamp if she doesn't do it by 12:00 and she said again by SMS "If you remove the clamp as you have just stated it is a criminal offence and you could be prosecuted"

I called the office CDER Group, they said that because I have an interest in the car they can clamp, I told him I was recording the conversation, which I did. He said I can record the conversation but I can't show it to anybody else.

I really don't know what to do, I need my car on a daily basis, the debt is with the Transport for London ( congestion charge)

Thanks

Yes, removing the clamp could be a potential criminal offence for criminal damage so whether you go down that route is up to you. The point about you having an interest in the car is tripe but appears to be a common stance relied on by bailiff companies. A hire purchase is a hire of goods only and ownership of the vehicle always remains with the finance company. At no point do you have an interest resembling ownership until the point you pay the company the fee at the end of the agreement. What the bailiff company seem to be suggesting is you have a beneficial interest, much the same way you would have an interest in a house property if you weren't the legal owner but contributed to the mortgage payments.

The Consumer Credit Act 1974 makes it clear that a hire purchase agreement is defined as a bailment of goods. The phrase 'bailment' is another word for hire - delivery of goods from one person (the owner or the bailor) to another person (the bailee) without transferring ownership. Your only interest in the car is a possessory interest, where you have a right to use/exercise control over the goods but nothing more.

As for the recording, the person you spoke to needs to be more clued up on data protection laws. You can use the recording for personal/domestic purposes which would include using it as evidence in court as there is a specific exemption under the Data Protection Act 2018.

In terms of options:

1. You could pay the amount request but make sure you put it in writing that you are only doing so under duress and the fact the bailiff company are not willing to remove the clamp despite having received evidence that the car is on hire purchase. You will then look to issue legal proceedings for compensation resulting from the unlawful clamping and trespass to goods, loss of use of the car and together with any additional costs and expenses incurred e.g. receipts of travel costs.

2. Send a letter before action explaining pretty much the same as above but you will ask the court for an injunction to remove the clamp and then issue proceedings for compensation.

Wouldn't recommend notifying the finance company as they will more than likely terminate your contract and you be left with a bill for the remaining balance. Instead, if the bailiff company notify the finance co. and then the contract is terminated as a result, you could have them on the hook for causing loss by unlawful means for the balance fo the HP amount.

Depends what route you want to go down but either way, there is going to be some cost involved.

[Elhernan]

Deleted

[Elhernan]

Have you advised TfL what has happened and that you will hold them responsible as they are liable for the actions of their Agents. If it still falls on deaf ears you could advise the HP co but be wary you will need to read your T&C first as they could rescind your agreement.

Thank you very much for your response.

I told the bailiff that he had until 12;00 to remove the clamp, at 12:30 I removed the clamp, I damaged the rim a bit, but at least I was free.

Now I'm a bit worried about the fact the I could be charged with a criminal offence, I checked the price of the wheel clamp, I couldn't find the same brand but I found the same model, prices are between £15 and £30.

Have you advised TfL what has happened and that you will hold them responsible as they are liable for the actions of their agents.
The only way to do it is through TFL's complaint's website or by post, I think it's better to do it on their website.
https://tfl.gov.uk/modes/driving/cc-...y-wizard-37743

I'm thinking to send screenshots of the complaint I will make on TFL's website to the bailiff through SMS and to CDER Group by email.

2. Send a letter before action explaining pretty much the same as above but you will ask the court for an injunction to remove the clamp and then issue proceedings for compensation.
I already removed the clamp, so I don't know is this would be valid now, also, I guess If I want to do this, I'll have to hire a solicitor, is a complicated process?

Can the police knock to my door and arrest for criminal damage ( removing the clamp) or will they deal by correspondence?

I didn't park the car on my driveway, I had to park it in one of the side roads, but even like that, I'm always checking the windows, it's a horrible feeling, expecting the police or the bailiff.

I want the bailiff company to understand that they can't clamp the car again, I hope with the screenshots of the complaint I'll make to the TFL would be enough for them to stop, at least until TFL respond to my complaint.

I'm just amazed at how the bailiffs can brake the law without any repercussions, I'm so stressed by something they shouldn't have done in the first place.

Thanks

[R0b]

Well it is what it is since you've already removed the clamp, bailiff company can report you to the police for criminal damage and/or take you to court privately and prosecute you for criminal damage if they so wish. What are you going to do if they come back and clamp it again, remove the next clamp?

If the police are going to arrest and charge you, they certainly aren't going to do it by correspondence.

I'm just amazed at how the bailiffs can brake the law without any repercussions, I'm so stressed by something they shouldn't have done in the first place.

Quite ironic how you have done exactly the same thing! If you break the law either criminal or civil there is recourse for that and it is through the legal system. Only when the court has found the bailiff company guilty/liable to have been in breach of the law will it be recognised as such.

[Elhernan]

Thank you very much for your response.

I told the bailiff that he had until 12;00 to remove the clamp, at 12:30 I removed the clamp, I damaged the rim a bit, but at least I was free.

Now I'm a bit worried about the fact the I could be charged with a criminal offence, I checked the price of the wheel clamp, I couldn't find the same brand but I found the same model, prices are between £15 and £30.

Have you advised TfL what has happened and that you will hold them responsible as they are liable for the actions of their agents.
The only way to do it is through TFL's complaint's website or by post, I think it's better to do it on their website.
https://tfl.gov.uk/modes/driving/cc-...y-wizard-37743

I'm thinking to send screenshots of the complaint I will make on TFL's website to the bailiff through SMS and to CDER Group by email.

2. Send a letter before action explaining pretty much the same as above but you will ask the court for an injunction to remove the clamp and then issue proceedings for compensation.
I already removed the clamp, so I don't know is this would be valid now, also, I guess If I want to do this, I'll have to hire a solicitor, is a complicated process?

Can the police knock to my door and arrest for criminal damage ( removing the clamp) or will they deal by correspondence?

I didn't park the car on my driveway, I had to park it in one of the side roads, but even like that, I'm always checking the windows, it's a horrible feeling, expecting the police or the bailiff.

I want the bailiff company to understand that they can't clamp the car again, I hope with the screenshots of the complaint I'll make to the TFL would be enough for them to stop, at least until TFL respond to my complaint.

I'm just amazed at how the bailiffs can brake the law without any repercussions, I'm so stressed by something they shouldn't have done in the first place.

Thanks

So you are criticising my actions, do you have any advice on what to do now?

I removed the clamp because I need the car.

Thanks

[ploddertom]

Now you have removed the clamp have you advised the Bailiff Co where they can collect it from - it is not your property? Make sure you take pictures to prove its current condition.

[Elhernan]

So you are criticising my actions, do you have any advice on what to do now?

I removed the clamp because I need the car.

Thanks

I didn't let them know, the clamp is damaged, but you could get the same for about £20.

I could just buy one and tell them to come and collect it, what do you think?

Thanks

[R0b]

So you are criticising my actions, do you have any advice on what to do now?

I removed the clamp because I need the car.

Thanks

I'm not criticising as such, I'm just pointing out that there's a legal process and in as much the same way bailiffs have to abide by the law, so do you. There will come a point where the bailiff co. will realise what you've done. Sure you can try to replace it but doesn't detract from what you;ve done although it could mitigate the circumstances. If you are going to buy a replacement, then ensure it's going to be the same model or close to it.

Like I said though, they can always come back and clamp it again and you will just go through the same vicious circle. If that does happen, I suggest you consider the proper legal route and look to get an injunction.

[Elhernan]

I didn't let them know, the clamp is damaged, but you could get the same for about £20.

I could just buy one and tell them to come and collect it, what do you think?

Thanks

Thank you for your reply.

How long is the process with the injunction? Is it complicated? can I do it myself or is necessary to hire a solicitor?

I know I did wrong, but I need the car to pick up my daughter from school...

[Shemona16]

Hi there. Im in the same situation as you are (i didn't remove the clamp but was thinking about doing it), got a hire purchase car and CDER clamped it and wont release it until i have paid them in full. How did you manage to sort your situation? Could use some advice right now as im heavily pregnant and could need the car to go to the hospital. Thank you

[islandgirl]

May be a silly question but why did you not pay the original debt Elhernan?