My mums HP car was clamped by Jacobs baliffs

[CleverClogs]

Re: My mums HP car was clamped by Jacobs baliffs

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!!!!

Which is the sort of tom-fool nonsense one might expect.

Any suggestions on what I should do next please?

CIVEA is run by/for the Enforcement "Industry" and complaining to them would be a waste of time. Jacobs might wish to pretend it is a "professional association" but it is nothing of the sort - no exams are set for membership and there is no requirement for any bailiff or bailiff company to belong to CIVEA.

On the other hand, the Local Government Ombudsman can and does act when bailiffs acting for councils misbehave.

Send a copy of the HP or finance agreement to the Head of Revenues at the council.

Tell him/her/it that Jacobs are playing at Silly Buggers and that the council is responsible for the actions of their bailiffs.

[CleverClogs]

Re: My mums HP car was clamped by Jacobs baliffs

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.

Thank you for having confirmed the nature of your instructions, which the attending bailiff failed to carry out by seizing a vehicle I do not own.

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.

I cannot understand how the bailiff could possibly have such a belief but, regardless of whether he believed the car to be on finance, the agreement for its purchase is between xxxxxxxxxxxx and Mrs xxxxxxxxxxxx, the latter party being my mother.

It follows, then, that I do not own the car and that its seizure was improper.

It is also a matter of the gravest concern that your bailiff should even suggest that I raise the money to pay him by using a car I do not own as collateral for a "log book loan". Your reply rather suggests that you condone his actions in this matter, but I would ask you if you really believe that to be entirely wise.

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.

They are not supported by legislation as no law permits the seizure of goods other than those owned by the debtor.

[nickc]

Re: My mums HP car was clamped by Jacobs baliffs

thank you everyone for your replies they are much appreciated.
I will put a reply together re the above for Jacobs and post it on here for your views before I sent it.
thanks

[ODC]

Re: My mums HP car was clamped by Jacobs baliffs

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

Since when was a Baliff qualified to give Financial Advice

[bizzybob]

Re: My mums HP car was clamped by Jacobs baliffs

Since when was a Baliff qualified to give Financial Advice

Report him to the OFT for illegal actions, along with jacobs under Credit Fitness.

[CleverClogs]

Re: My mums HP car was clamped by Jacobs baliffs

Since when was a Baliff qualified to give Financial Advice?

Since when was a bailiff or a financial advisor permitted to tell someone to commit theft and/or fraudulent conversion?

[CleverClogs]

Re: My mums HP car was clamped by Jacobs baliffs

since the council wanted a percentage kickback of the fees garnered, the council and bailiffs think they are above the law, and can make it up as they go along.

If that can be proved, the case should (must!) go to the LGO, as it would be egregious maladministration.

[bizzybob]

Re: My mums HP car was clamped by Jacobs baliffs

If that can be proved, the case should (must!) go to the LGO, as it would be egregious maladministration.

There is a question in the House Of Lords next week on just that very thing:

http://www.publications.parliament.u...d/ldordpap.htm

Tuesday 14 May at 2.30pm

*Lord Lucas to ask Her Majesty’s Government what assessment they have made of arrangements whereby local authorities require bailiffs to pay them part of the fees that bailiffs have charged to debtors.


It is absolutely outrageous that this is permitted at all. It is prima facie abuse of due process.

[nickc]

Re: My mums HP car was clamped by Jacobs baliffs

Hi all,
Further developments regarding Jacobs.
Here is my reply to the email they sent me which I have posted previously:

Dear Sirs,You say in response to my complaint the car clamped by your bailiff is NOT on finance, so therefore, Jacobs have done nothing wrong.
I would ask you to check again. Not only is this vehicle under a finance agreement, I have NO OWNERSHIP of it all. I am the registered keeper only.
I must note I consider your on-going failure to correctly check whether this vehicle is on finance further compounds the unlawful action you have taken.
Further, I put you on notice, if Jacobs attempts to clamp this vehicle again, I will immediately call the police.
I look forward to your reply.

They replied on Friday as follows:
We thank you for your correspondence, the content of which has been noted.

We reiterate our previous correspondence in that all necessary checks have been made, and if the vehicle is still under finance as you state, then please provide our bailiff, Mr ?????? with the necessary proof of this so the accounts maybe reviewed.

We note that you intend to involve the police should your vehicle be clamped, and we advise that we shall comply with their investigation should they contact us regarding this matter.

Please call Mr ??????? to discuss the accounts further.

What concerns me is it was my understanding the onus is on the bailiff to check who the owner of the vehicle is first before clamping.
I could easily give them the HP agreement for the car but I do not want to deal with the bailiff or do their job for them.
Do any of you think it is even worth continuing with the complaint to Jacobs or should I just escalate it to the MP/council/ trading standards and OFT credit worthiness team?

[CleverClogs]

Re: My mums HP car was clamped by Jacobs baliffs

We note that you intend to involve the police should your vehicle be clamped, and we advise that we shall comply with their investigation should they contact us regarding this matter.

As if that company would really have much choice in whether or not to comply.

What they may have meant is that they may be a tad economical with the actualité,

What concerns me is it was my understanding the onus is on the bailiff to check who the owner of the vehicle is first before clamping.

<MODE=AOL>

Me, too!!!

</MODE>

Do any of you think it is even worth continuing with the complaint to Jacobs or should I just escalate it to the MP/council/ trading standards and OFT credit worthiness team?

Take it up with the Head of Revenues at the council and send him a copy of the HP or finance agreement, also asking him why no HPI check (link) was apparently done by the bailiffs whose services the council uses.

[bizzybob]

Re: My mums HP car was clamped by Jacobs baliffs

I woukls agree with CC, but also copy any Formal Complaint to Council CEO, Elected Leader, your local member and MP to appraise them of what muppets they have contracted the enforcement out to.

[CleverClogs]

Re: My mums HP car was clamped by Jacobs baliffs

My mum always said that those type of people judge others by their own standards!

I try not to judge anyone, though it is sometimes nearly impossible to avoid forming an opinion of them.

[nickc]

Re: My mums HP car was clamped by Jacobs baliffs

thanks - will let you know how I get on

As if that company would really have much choice in whether or not to comply.

What they may have meant is that they may be a tad economical with the actualité,


<MODE=AOL>

Me, too!!!

</MODE>


Take it up with the Head of Revenues at the council and send him a copy of the HP or finance agreement, also asking him why no HPI check (link) was apparently done by the bailiffs whose services the council uses.

[leclerc]

Re: My mums HP car was clamped by Jacobs baliffs

There is a question in the House Of Lords next week on just that very thing:

http://www.publications.parliament.u...d/ldordpap.htm

Tuesday 14 May at 2.30pm

*Lord Lucas to ask Her Majesty’s Government what assessment they have made of arrangements whereby local authorities require bailiffs to pay them part of the fees that bailiffs have charged to debtors.


It is absolutely outrageous that this is permitted at all. It is prima facie abuse of due process.

The answer received on that debate: http://www.publications.parliament.u...13051441000354

[bizzybob]

Re: My mums HP car was clamped by Jacobs baliffs

Thanks LeClerc It would appear the Lords are clued up, and want to tie the bailiffs hands somewhat, and there is a consensus that enforcement is a not for profit endeavour for councils.