My mums HP car was clamped by Jacobs baliffs

[CleverClogs]

Re: My mums HP car was clamped by Jacobs baliffs

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

The replies for the kakistocracy were utterly disgraceful.

The guidelines, of course, won't work.

[bizzybob]

Re: My mums HP car was clamped by Jacobs baliffs

The replies for the kakistocracy were utterly disgraceful.

The guidelines, of course, won't work.

Unfortunately the House of lords is a talking shop, and although they may have a clue, they may not understand the gravity of effect their talking has on the popul;ace . Guidelines are just that, there is no legal compulsion or check and balance inherent to measure what is within or a breach. Guidelines are as elastic as a bungee cord, and then some.

[CleverClogs]

Re: My mums HP car was clamped by Jacobs baliffs

Unfortunately the House of lords is a talking shop, and although they may have a clue, they may not understand the gravity of effect their talking has on the populace . Guidelines are just that, there is no legal compulsion or check and balance inherent to measure what is within or a breach. Guidelines are as elastic as a bungee cord, and then some.

The new guidelines aren't even as much use as Queen Victoria's knicker elastic.

[nickc]

Re: My mums HP car was clamped by Jacobs baliffs

Hi All,
I have just received the following letters from the council in response to my complaint.

Here is the first letter

I have been passed your letter of complaint regarding the actions of Mr ????? from Jacobs Bailiffs. I am in the Trading Standards team that deal with Consumer Credit Act issues.

Jacobs did previously hold a consumer credit licence (0385470) from the Office of Fair Trading but, this lapsed on 08 September 2010. However, this licence would only have been required for the purpose of debt collection. The actions of a certified bailiff in enforcing matters such as non-payment of parking tickets is not considered to be debt collection and would not require a consumer credit licence.

I can find no record of a certified bailiff in the name of ???? Davies. However, an ???Davies is a certified bailiff for Jacobs and was certified most recently at Birkenhead County Court. Jacobs, Birkenhead are a member of the Civil Enforcement Association (CEA).

In order to make a complaint against a certified bailiff you should fill in the attached form and return it to Birkenhead County Court.

In addition, you may want to complaint to the CEA, who deal with complaints about their members. All necessary information regarding this process is on their website at http://www.civea.co.uk/complaints.htm#bailiff

As this complaint relates to a bailiff company acting on behalf of Cheshire West and Chester, I will forward your complaint to the Team Leader for Parking Services and asked that they respond in line with our Complaints procedure.

I hope this information is of some assistance. If you wish to discuss any of the issues regarding credit licensing please do not hesitate to contact me.

Then I receive this letter

My colleague has forwarded your email to me as Team Leader for Parking as it refers to Jacobs Bailiffs. Jacobs Bailiffs are contracted by the Council to execute warrants issued by Northampton County Court for the collection of outstanding Penalty Charge Notices (PCNs).

Our records show that there have been a total of 15 PCNs issued to this particular vehicle, 8 of which have been paid and there are a total of 7 PCNs unpaid, which are currently with the bailiff.

I have spoken to the bailiff who I understand have also been in contact with you in respect of a complaint concerning their employee Mr ??? Davies. The bailiff has advised that if their response concerning their employee is not to your satisfaction you are able to request the matter be referred to their professional association CIVEA (The Civil Enforcement Association).

The bailiff has confirmed that at the time of the bailiffs visit Mr ??? Davies carried out their normal procedure in confirming who the vehicle was registered to and if the vehicle in question was on a finance agreement. An HPI check was carried out on 16 April 2013 to confirm this information. As it was confirmed from the HPI check there was no finance on the vehicle and that you are the registered keeper Mr ???? followed the correct procedure. He also to assist you provided further information on how funds perhaps could be obtained. The bailiff has also advised that if you can provide documents that prove that there is finance outstanding on this vehicle they will review your account.

As the bailiff is executing a warrant issued by the County Court they must continue to recover the outstanding PCNs and any fees they have incurred. The fees the bailiff applies are as per the Statutory Legislation being Schedule 1 of the Enforcement of Road Traffic Fees (Certificated Bailiffs) Regulations 1993 (as amended).

After considering all of the information provided by Jacobs I am reassured that the bailiff has followed their normal procedures in executing the warrant and recovering the outstanding PCNs. If you have any documents that you can provide to the bailiff in respect of any finance agreement for the vehicle they would be happy to review your account and in addition they have also provided details on how to escalate any complaint in respect of their employee.

Your complaint has been dealt with at Stage 1 of the Council’s Corporate Complaints Policy. If you remain dissatisfied with this response you have 21 working days to write to the Solutions Team, at Cheshire West and Chester Council, HQ, Nicholas Street, Chester CH1 2NP requesting that your complaint be escalated to Stage 2. Please quote the reference number as indicated on this letter and clearly state why you are unhappy with the outcome of Stage 1 and what your expected outcomes are. Your complaint will then be escalated and investigated by a senior manager and you will receive a response within 20 working days of the Solutions Team receiving your letter.

I would be grateful for any advice on what to do next as clearly the council seem to think it is ok for the bailiff to clamp a car on finance and then tell me to get a log book loan for a car I don't own.
Also, I am concerned to note Trading Standards say the bailiff Mr ???? Davies is not registered but a ??? Davies is. Why is the baiiff using two different first names?

big thanks in advance.

[ploddertom]

Re: My mums HP car was clamped by Jacobs baliffs

Have you provided a copy of the finance agreement to them? What type of finance is it?

[nickc]

Re: My mums HP car was clamped by Jacobs baliffs

The car is under a hire purchase agreement. I do have all the documentation but I do not want to deal with Jacobs as I do not trust them

[ploddertom]

Re: My mums HP car was clamped by Jacobs baliffs

The car is under a hire purchase agreement. I do have all the documentation but I do not want to deal with Jacobs as I do not trust them

Unfortunately in this instance you are going to have to send them proof the car is on finance - as it is not in your name then you have nothing to worry about. Failure to do so will only result in more visits and/or charges and they may even decide to remove. If it is then found out you were in a position to provide the proof but didn'y could make you liable for your own mistakes.

[nickc]

Re: My mums HP car was clamped by Jacobs baliffs

ok will do and will report back. thanks

[nickc]

Re: My mums HP car was clamped by Jacobs baliffs

Just a quick update: My various complaints are winging their way around the council/trading standards. Will let you know what happens.

[enquirer]

Re: My mums HP car was clamped by Jacobs baliffs

The car is under a hire purchase agreement. I do have all the documentation but I do not want to deal with Jacobs as I do not trust them

Entirely understandable. They are just the sort of people to 'lose' evidence.

You could go to a solicitor, get them to take a photocopy and then stamp it as a 'certified true copy', and then send that. There would be a small charge, but it might be worth it for peace of mind. Seeing a solicitors stamp might also give pause for thought.

[nickc]

Re: My mums HP car was clamped by Jacobs baliffs

thanks for your advice - I have a meeting at the council on Wednesday and will let you know what they say.

[CleverClogs]

Re: My mums HP car was clamped by Jacobs baliffs

Expect stercus bovi, such as the untruth that once it has been handed to the bailiffs, there is nothing that the council can do, or that the bailiffs were quite right to clamp any car they pleased and that it's up to you to prove you don't own it.

[bizzybob]

Re: My mums HP car was clamped by Jacobs baliffs

You might like to remind the council that they remain wholly liable jointly and severally with their bailiffs, Jacobs for any unlawful action. Further that they can recall at any time, and should do so as Jacobs bone headed dismissal of evidence, and claim that they can clamp and sell a third party vehicle is tantamount to and is when they tow the car, theft.

[nickc]

Re: My mums HP car was clamped by Jacobs baliffs

Thank you so much for the above replies which have given me the massive confidence boost I needed, plus some actual knowledge.
Will let you know what happens as soon as I have had the meeting.

[nickc]

Re: My mums HP car was clamped by Jacobs baliffs

Hi all,
Update as promised!
I met with the council today regarding the bailiff clamping my mums car and various charges.
I have shown them the documents and they say they are going to check and get back to me.
Not an awful lot to add but hopefully things should move forward when they accept the car was on HP.