My mums HP car was clamped by Jacobs baliffs

[CleverClogs]

Re: My mums HP car was clamped by Jacobs baliffs

You could also inform the HP company that Jacobs tried to steal their property.

And then that the Jacobs bailiff told him to sell it to a log book loan company!

[ODC]

Re: My mums HP car was clamped by Jacobs baliffs

Surely if a clamp is illegally fitted to a vehicle preventing its use by the owner of the vehcle then the owner would be entitled to remove it by whatever means.

[bluebottle]

Re: My mums HP car was clamped by Jacobs baliffs

Surely if a clamp is illegally fitted to a vehicle preventing its use by the owner of the vehcle then the owner would be entitled to remove it by whatever means.

Valid point, ODC. The vehicle is owned by a finance company and, therefore, third-party goods. The OP is the keeper. I agree that the OP would be within their rights to take an angle-grinder to the clamp or ask the guys and girls at their local fire station to take their cutting equipment to it for practice. :biggrin1:

[nickc]

Re: My mums HP car was clamped by Jacobs baliffs

Big thanks to everyone on here, it is amazing how getting such great support AND information takes away the anger and replaces it with a grim determination.
I've emailed Jacobs asking for fee breakdown, bailiff certification, info and visits etc (i just copied a template someone had kindly put on here)
I will then start with the DJ etc.
Will keep you informed of progress
thanks once again.

[bluebottle]

Re: My mums HP car was clamped by Jacobs baliffs

It should be, but some 900+ serving officers do have a criminal record.

http://www.guardian.co.uk/uk/2012/ja...riminal-record

Yes, it is true that some serving police officers have committed crimes in the past, but the police service have to judge each individual case on its circumstances. It will depend on what offence an officer has committed that determines whether they keep or lose their job.

[nickc]

Re: My mums HP car was clamped by Jacobs baliffs

Hi all,
As I said previously I asked Jacobs for a fees breakdown regarding the parking ticket. The day after the bailiff clamped my car, I recieved another letter from Jacobs about a second parking ticket, so I sent in a seperate request for fees information on that one as well.
For some reason, Jacobs have replied giving a fees breakdown for both tickets which is a bit confusing.
Anyway, here is there response ( I have deleted the name of the bailiff and any account numbers etc).

Please find below details of the charges that have been added to your account we must advise that the details below may not be correct as the bailiff Mr XXXXX is dealing with your account and he may have carried out further visits that we may not yet be aware of.

We confirm that the original balances on each penalty charge notice was £112.00. In relation to your account reference XXXXX1 & XXXXX2 the fees added are for a first letter that was sent on April 14th 2013 the total for each letter is £13.44 this charge has been applied to each account.

In relation to accounts XXXXXX1 & XXXXXX2 the fees that have been added to each account are,
First letter fee 21st March 2013 total £13.44
First visit fee 16th April 11.51am total £35.00
Attendance/Van fee " 15.34am total £80.00
Second Visit fee " 15.34pm total £45.00

The car was clamped on the 16th of April and the bailiff returned at 15.34pm (I think they have am/pm mixed up) to remove the clamp.
To make it clear, this was the only time I have ever met any bailiff regarding this ticket and that was for him to take the clamp off.
I noticed Jacobs make no mention of the bailiff putting a clamp on the car.
I would be very grateful for any of your thoughts re next steps etc.

[CleverClogs]

Re: My mums HP car was clamped by Jacobs baliffs

As the levy was invalid due to the vehicle being subject to a hire purchase agreement, the clamp-happy jerk should not be entitled to his claimed "attendance fee".

[bizzybob]

Re: My mums HP car was clamped by Jacobs baliffs

the ATR fee must be removed.

[CleverClogs]

Re: My mums HP car was clamped by Jacobs baliffs

Jacobs need a slap, by a DJ or OFT, the ATR fee must be removed, just also read a thread on another forum where a post had described exactly how low Jacobs are, they have been obnoxious to a debtor with terminal cancer, and ignored completely the absolute vulnerability. hang your heads in shame You Richard craniums..

Link?

[bizzybob]

Re: My mums HP car was clamped by Jacobs baliffs

Link?

http://www.consumeractiongroup.co.uk...%29-nbsp:mad2:

[nickc]

Re: My mums HP car was clamped by Jacobs baliffs

Hi everyone,
Just send this email to Jacobs - so thought I would post it here - I have removed personal details -

Dear Sirs,

I am writing to make a formal complaint regarding the conduct of Jacobs bailiffs and their operative Mr Evan Davies.
At 11.51 am on April 16th, 2013, Mr Davies, attended at my address, XXXXXX in connection with an unpaid parking ticket for a car I am the registered keeper for.
Unfortunately, Mr Davies proceeded to clamp the car, which belongs to my disabled 76 year old mother, who is a blue badger holder, under a hire purchase agreement.
Mr Davies left a letter at my address asking me to call.him.
During 4 or 5 telephone conversations between us Mr Davies said the following:
1 That unless the bill of just under £350 was paid today the car was going straight to the auction.
2 I would be further responsible for all and any costs involved with auctioning the car.
3.Jacobs had been in business for over 60 years and knew what they were doing and that he had checked I was the registered keeper and as such I was responsible to pay the bill
4.When I explained that I was on benefits and could not afford to pay he suggested I call round friends and family to raise the funds, which I did.
5. When I called him back and explained I had tried everyone I knew and still could not get the money, he suggested I tried a "log book loan company"
6. While I was in the process of applying for a log book loan I noticed it said cars on finance are not considered.
7. I then called Mr Davies and told him this. He continued to apply pressure and I was forced to offer to pay the full amount on May 16th, 2013. This offer was made under distress.
8. Mr Davies then insisted I put this offer in writing on the back of the letter he had left. He further attended the property at 15.34 pm, removed the clamp and picked up the letter.
I feel Mr Davies and Jacobs acted unlawfully by firstly clamping a car I do not own and then demanding money to take the clamp off under the threat of taking it to the auction unless I paid the bill.

I am also extremely concerned that Mr Davies used these menaces to force me to attempt to commit a criminal offence by applying for a finance on a vehicle I do not own.
I also note Jacobs and Mr Davies have added insult to injury by adding a further £160 to my bill for carrying out their unlawful action.
I look forward to your response to this complaint and note on your website you ask for the chance to be allowed to respond to complaints first before taking the complaint further.
I must put you on notice, that unless I receive a completely satisfactory resolution to this complaint, I will escalate this matter to the appropriate bodies, including the District Judge at Liverpool Crown Court who certified Mr XXXXX, The Chief Executive and Chief Financial Offer at my council, my local Trading Standards department and the OFT Credit Fitness Team.,


Yours Sincerely

[CleverClogs]

Re: My mums HP car was clamped by Jacobs baliffs

Just send this email to Jacobs

That's a pity, as it has errors and omissions

Mr Davies proceeded to clamp the car, which belongs to my disabled 76 year old mother, who is a blue badger holder, under a hire purchase agreement.

As the vehicle is subject to a hire purchase agreement, it does not belong to your mother - it belongs to the hire purchase company!

Did you acquaint doolally Davies that the motor-car was on HP? If you did, when did you do that and what was the git's response?

3.Jacobs had been in business for over 60 years and knew what they were doing and that he had checked I was the registered keeper and as such I was responsible to pay the bill

Yet had apparently not deigned to check if the vehicle was on HP. How quaint!

5. When I called him back and explained I had tried everyone I knew and still could not get the money, he suggested I tried a "log book loan company"
6. While I was in the process of applying for a log book loan I noticed it said cars on finance are not considered.

That is why it is important to know when you told the oaf that the motor car was on HP, as a "log book loan" is a form of sale agreement. If he knew that it was on HP and yet suggested that you sell it under a log book loan, he probably committed a serious criminal offence.

7. I then called Mr Davies and told him this. He continued to apply pressure and I was forced to offer to pay the full amount on May 16th, 2013. This offer was made under distress.

No - it was made under duress.

I am also extremely concerned that Mr Davies used these menaces to force me to attempt to commit a criminal offence by applying for a finance on a vehicle I do not own.

Exactly. If he knew it was on HP, then the laws of conspiracy or of commissioning an offence may apply.

I also note Jacobs and Mr Davies have added insult to injury by adding a further £160 to my bill for carrying out their unlawful action.

You've not explained why the distress was "unlawful". It was certainly improper, as he sought to seize something that belonged to a hire purchase company.

[nickc]

Re: My mums HP car was clamped by Jacobs baliffs

thanks cleverclogs, I told the bailiff during the first phone call the car was on HP, I was not the finance holder, and was only the registered keeper. He said he had carried out checks and already knew I was the registered keeper and that I was responsible.
He definitely knew the car was on HP before he told me to to get a log book loan.
I will let you know when I get a reply.

That's a pity, as it has errors and omissions


As the vehicle is subject to a hire purchase agreement, it does not belong to your mother - it belongs to the hire purchase company!

Did you acquaint doolally Davies that the motor-car was on HP? If you did, when did you do that and what was the git's response?


Yet had apparently not deigned to check if the vehicle was on HP. How quaint!


That is why it is important to know when you told the oaf that the motor car was on HP, as a "log book loan" is a form of sale agreement. If he knew that it was on HP and yet suggested that you sell it under a log book loan, he probably committed a serious criminal offence.


No - it was made under duress.


Exactly. If he knew it was on HP, then the laws of conspiracy or of commissioning an offence may apply.


You've not explained why the distress was "unlawful". It was certainly improper, as he sought to seize something that belonged to a hire purchase company.

[bizzybob]

Re: My mums HP car was clamped by Jacobs baliffs

Inform Jacobs that the Finance company would report the vehicle stolen if they were stupid enough to take it, notwithstanding the agreement is in a third parties name so the vehicle will never be yours so is exempt from seizure

[nickc]

Re: My mums HP car was clamped by Jacobs baliffs

Hi all,

Just had the following letter back from Jacobs regarding them clamping my mum's car which is on finance.
They say they acted lawfully because they checked and the car IS NOT on finance!!!!
I can assure everyone it is on finance.
Any suggestions on what I should do next please?


Jacobs are enforcing a Warrant of Execution issued by the Traffic Enforcement Centre in Northampton. Previous notices have been sent to you by the Local Authority and the Traffic Enforcement Centre. We are unable to answer any queries with respect to the issue of the Penalty Charge Notice and the subsequent Warrant of Execution. Our instructions are to obtain payment in full or seize goods belonging to the person named on the Warrant.

In response to your complaint concerning the conduct of the bailiff we confirm that at the time of the bailiffs visit XXXX the attending bailiff carried out the correct procedure in ascertaining as to whom the vehicle belonged and if the vehicle in question was on finance.

As it was confirmed that you are the registered keeper and that the vehicle is not on finance XXXX did not act unlawfully in his actions at the time of his visit. The bailiff was correct in giving advice on how you may raise the funds in order to pay the warrants to stop the vehicle from being seized.

Our fees are as per the Statutory Legislation being Schedule 1 of the Enforcement of Road Traffic Fees (Certificated Bailiffs) Regulations 1993 (as amended). As the fees that have been incurred in this matter are within legislation they will therefore not be removed.

We note your comments regarding taking this matter further if you are not satisfied with our response. Our complaints procedure states if your complainant is not satisfied with the final reply to your complaint then you are able to request that the matter be referred to our professional association CIVEA (The Civil Enforcement Association).

If our office is contacted by a third party acting on your behalf we will assist them fully in their enquires. As your accounts remain with our Enforcement bailiff XXXX we respectfully request that you contact him immediately to resolve this matter.

We thank you for your co-operation in this matter.

Kind regards