HP Car clamped, council tax debt.

[Salmon Man]

Re: HP Car clamped, council tax debt.

If you are confident that they have no legal right to clamp your car, remove the clamp yourself with some bolt cutters. Then bill them for the cost of the bolt cutters.

They cannot stand up in a criminal court and accuse you of willful destruction of their property when they had no legal right which they could present in that court to place their 'property' on your car.

I would also ' hire your friend's car' for the duration that the car is clamped, and claim this from them in costs too.

[CleverClogs]

Re: HP Car clamped, council tax debt.

If you are confident that they have no legal right to clamp your car, remove the clamp yourself with some bolt cutters. Then bill them for the cost of the bolt cutters.

Post #29.

Might these help?

[h2013]

Re: HP Car clamped, council tax debt.

Hi again,

I have received a reply from Rundles to my letter.

I have[IMG]<iframe src="https://skydrive.live.com/embed?cid=DD3E04E8CA4CDB61&resid=DD3E04E8CA4CDB61% 21139&authkey=AN6vpt_nYI3wvZw" width="197" height="319" frameborder="0" scrolling="no"></iframe>[/IMG]

<iframe src="https://skydrive.live.com/embed?cid=DD3E04E8CA4CDB61&resid=DD3E04E8CA4CDB61% 21138&authkey=ALBRGXfGnukGFB8" width="319" height="144" frameborder="0" scrolling="no"></iframe>

Just to clarify, they have mentioned an attached case, yet they didn't actually attach it

Can anyone advise on the next steps?

Medway Council have also responded and are adamant that the bailiff was acting within the law.

Thank you

[h2013]

Re: HP Car clamped, council tax debt.

[h2013]

Re: HP Car clamped, council tax debt.

[bluebottle]

Re: HP Car clamped, council tax debt.

Hi again,

I have received a reply from Rundles to my letter.

I have[IMG]<iframe src="https://skydrive.live.com/embed?cid=DD3E04E8CA4CDB61&resid=DD3E04E8CA4CDB61% 21139&authkey=AN6vpt_nYI3wvZw" width="197" height="319" frameborder="0" scrolling="no"></iframe>[/IMG]

<iframe src="https://skydrive.live.com/embed?cid=DD3E04E8CA4CDB61&resid=DD3E04E8CA4CDB61% 21138&authkey=ALBRGXfGnukGFB8" width="319" height="144" frameborder="0" scrolling="no"></iframe>

Just to clarify, they have mentioned an attached case, yet they didn't actually attach it

Can anyone advise on the next steps?

Medway Council have also responded and are adamant that the bailiff was acting within the law.

Thank you

Unfortunately, some councils do not provide their employees with adequate training to do their jobs properly and what you have come across is the result. Bailiff companies that lie and cheat can be put on notice of offences under Section 2, Fraud Act 2006 and the provisions of Section 12 of the Act, which applies to commercial entities and their management. If you need to put Rundles on notice, come back onto this thread and I will help you draft a suitable letter to send to them.

Also, when posting documents sent to you by email, download them onto your computer first before uploading to LB.

Having now seen their letter, it is their usual brand of bovine excrement. Put them on strict notice to quote you the case and court reference. If it proves to be false, then you will need to put them on notice under the Fraud Act 2006.

[bizzybob]

Re: HP Car clamped, council tax debt.

Definitely incriminated themselves with that letter, perhaps as per BB they would like to specify case law which permits them to remove and sell items on HP.

[seduraed]

Re: HP Car clamped, council tax debt.

have got the link to the DJ's ruling?

[bluebottle]

Re: HP Car clamped, council tax debt.

have got the link to the DJ's ruling?

Should make interesting reading. To the best of my knowledge and belief, there has only ever been one case where the seizure of a vehicle subject to finance was deemed lawful and the finance company has to consent. If not, the bailiffs are stuffed.

[bizzybob]

Re: HP Car clamped, council tax debt.

have got the link to the DJ's ruling?

Would be most interested in that one, as per BB there must be a consent by the finance company, or the bailiff has stolen the vehicle, whether the police would act on the theft is another matter.

[bluebottle]

Re: HP Car clamped, council tax debt.

Would be most interested in that one, as per BB there must be a consent by the finance company, or the bailiff has stolen the vehicle, whether the police would act on the theft is another matter.

That's too difficult for them to comprehend, bb. In my day, you were allowed to use your commonsense, discretion and initiative. These days, it seems to be geared towards issuing Fixed Penalty Notices (FPNs), making up the law as they go along and roughing people up. No wonder the honest coppers who want to serve their communities are leaving.

[CleverClogs]

Re: HP Car clamped, council tax debt.

These days, it seems to be geared towards issuing Fixed Penalty Notices (FPNs), making up the law as they go along and roughing people up. No wonder the honest coppers who want to serve their communities are leaving.

Then there are the new Police and Crime Commissioners.

Has anyone specified what crimes they should commission?

[h2013]

Re: HP Car clamped, council tax debt.

Thank you for your reply.

I think given the contents of their letter it would be wise to fire one straight back but I am not too sure what to write?

They haven't answered anything raised in my previous letter to them and as I explained, they did not attach any case documents. The letter is also addressed to Mr & Mrs...obviously they think we are married as opposed to mother and daughter.

Please could you advise what to write in a response?

Many thanks

[CleverClogs]

Re: HP Car clamped, council tax debt.

Please could you advise what to write in a response?

Try this:

Dear Sir,

Thank you for your letter in which you clearly stated how your company believes it may lawfully levy distress upon goods which do not belong to the person named in a distress warrant.

The letter alluded to a case which you claim supports your belief and, indeed, details of that case were stated to have been attached to or enclosed with your letter.

As no such attachment or enclosure was received, I would be most grateful if you could attend to this defect as quickly as possible.

[bizzybob]

Re: HP Car clamped, council tax debt.

Then there are the new Police and Crime Commissioners.

Has anyone specified what crimes they should commission?

Well if it is M*rstons fraud, demanding money with menaces,( not necessarily from the actual debtor) assault occasioning ABH/GBH (delete which inapplicable) again on debtor, or a third party who gets in the way, in the execution of fine arrears collection, and of course extra iron from a steel toecapped boot.