Is my car exempt from cold hearted bailiffs?

[labman]

Re: Is my car exempt from cold hearted bailiffs?

Labman
You highlight part of my post but don't answer the question in the last part?
What would you personally do if a bailiff clamps your car for someone elses debt?

I'd call the police :tinysmile_twink_t2:

Hi Labman, the paperwork I have are the credit agreement between my ex and the finance company, and then a letter from the finance company to my ex confirming the credit. I believe these should be sufficient for the bailiffs to ascertain that I am not the legal owner of the car, but simply the registered keeper. Would you agree?

I would rather not attach the documents as trying to blank out personal bits and still challenged as to how to do it. Do you - Labman, or anyone else here reading this know how to do it? I am always open to learning new things! So please do share! Thank you!

Firstly, the answer to your question re reducing the fine to its original, discounted amount is explained in this link:

http://www.legalbeagles.info/forums/...rking-Offences


Re attaching documents, as long as you know you have them, there's no need to explain unless you just want to know for the future. If Sir Vere states they suffice, he used to be a dreaded bailiff, so he should know! :beagle:

[vinnie76]

Re: Is my car exempt from cold hearted bailiffs?

Where did you get the daft idea that such a notice might be helpful?

Lol! Why is it a daft idea? Explain yourself Clever Clogs?? Sir Vere, as an ex dreaded bailiff what are your thoughts on the notice?

A number of 3rd party and personal friends have used it to positive effect.

In your opinion Clever Clogs, when is a good time to use this notice?

[labman]

Re: Is my car exempt from cold hearted bailiffs?

Hi,

I wish I'd read post 26 earlier. I fear you have been visiting other sites without mentioning that fact here, and there's no easy way to say this - in my opinion (and I'm not going to get into ANY discussion why this is) your email content is terrible, and not worth the paper it is written on.

Can I ask if you could produce the relevant case law cited? Have you read all the relevant case law cited and do you understand it?

As for the NOROIROA, it is a total waste of time, despite what others may tell you. A bailiff will totally ignore it if they are in possession of a distress warrant, and have every right to in my opinion.

Sorry to be negative, but it is what I believe to be the truth. If you could answer the part in blue, that would be great.

Again, I apologise for being negative, but it will do you no favours to think this will achieve a wonderful result when it is likely to be ignored completely. Perhaps we can try to find a better way forward.

Do you mind my asking if you are seeking advice from other sites as well (it won't affect us trying to help you)? If so, which ones? I ask only because we know those that give solid advice, and those where the advice is less constructive.

[dougle]

Re: Is my car exempt from cold hearted bailiffs?

I was clamped recently for a speeding fine-imposed by magistrates, a paltry £230 which i did not pay, Marstons kindly clamped my car 6am one monday morning so i ripped the clamp off and went to work, my mrs rang me going mental and put me onto the Bailliff whom told me my own car was now stolen and belonged to the mags, upshot of this it cost me £650 that day and a lesson learned.

I really wanted to kill the bailiff as i see them as sub human rats- the "van fee" alone was £100 and i pionted out he was in a Picasso!
Court enforced fines/clamping is a matter you cant wriggle out of, but in a civil case i think you can remove the clamp without recourse but is worth considering the hassle and ins and outs of. Good luck!

[Sir Vere Brayne d'Emmidge]

Re: Is my car exempt from cold hearted bailiffs?

I'd call the police :tinysmile_twink_t2:

Good advice....
, he used to be a dreaded(Everybody loved me) bailiff, so he should know! :beagle:

.............

[Sir Vere Brayne d'Emmidge]

Re: Is my car exempt from cold hearted bailiffs?

Lol! Why is it a daft idea? Explain yourself Clever Clogs?? Sir Vere, as an ex dreaded bailiff what are your thoughts on the notice?

A number of 3rd party and personal friends have used it to positive effect.

In your opinion Clever Clogs, when is a good time to use this notice?

The notice is primarily directed to debt collectors, i.e. the thugs sent round by catalogue/loan sharks, any bailiff serving a warrant, be it "distress" or "execution" is "technically" a Court Officer, thus an envoy of HM Lizzie the second.....in the old days they could take you to the "Tower" as rat bait....:tongue2:

[Sir Vere Brayne d'Emmidge]

Re: Is my car exempt from cold hearted bailiffs?

I was clamped recently for a speeding fine-imposed by magistrates, a paltry £230 which i did not pay, Marstons kindly clamped my car 6am one monday morning so i ripped the clamp off and went to work, my mrs rang me going mental and put me onto the Bailliff whom told me my own car was now stolen and belonged to the mags, upshot of this it cost me £650 that day and a lesson learned.

I really wanted to kill the bailiff as i see them as sub human rats- the "van fee" alone was £100 and i pionted out he was in a Picasso!
Court enforced fines/clamping is a matter you cant wriggle out of, but in a civil case i think you can remove the clamp without recourse but is worth considering the hassle and ins and outs of. Good luck!

I am surprised you did not get arrested for:

a) criminal damage
b) interfering with controlled goods
c) breach of the peace

The bailiff must have been in a good mood that day.

[Milo]

Re: Is my car exempt from cold hearted bailiffs?

I was clamped recently for a speeding fine-imposed by magistrates, a paltry £230 which i did not pay, Marstons kindly clamped my car 6am one monday morning so i ripped the clamp off and went to work, my mrs rang me going mental and put me onto the Bailliff whom told me my own car was now stolen and belonged to the mags, upshot of this it cost me £650 that day and a lesson learned.

I really wanted to kill the bailiff as i see them as sub human rats- the "van fee" alone was £100 and i pionted out he was in a Picasso!
Court enforced fines/clamping is a matter you cant wriggle out of, but in a civil case i think you can remove the clamp without recourse but is worth considering the hassle and ins and outs of. Good luck!

Can you start a NEW THREAD so that your question does not get confused with Vinnie 76's query

[Milo]

Re: Is my car exempt from cold hearted bailiffs?

Vinnie,
I will respond later about the letter that you sent to Equita ( which will almost certainly be ignored).

With regards to the finance agreement. Is this finance agreement specifically related to the vehicle or is this a general loan that was obtained and which was used to purchase the vehicle?

The subject of vehicles being 'exempt' from seizure is not easy at all and may be slightly simpler when the new bailiff regulations come into law next April.

Firstly, the regulations are clear in that the vehicle must be for "YOUR USE ONLY" in the course of your business etc. This does not in any way mean that ANY vehicle used in the course of business will be exempt and the most reliable source of background information on this subject is from the Insolvency Service.

The IS have extensive documentation and examples on this and in essence , it is stated by them that 'exemption' would in the first instance be....VERY RARE. Secondly, the IS makes it clear that "exemption" should be where proof can be provided that without a specific vehicle the debtor would either loose his or her employment or alternatively would have to cease self employment.

Examples of 'exemption' would be a vehicle with specific signage.....such as builder, glazier etc. Some taxi's ( but not all) would also be exempt.

In your case, having "flyers" etc in the boot will NOT demonstrate "exemption" at all.

[vinnie76]

Re: Is my car exempt from cold hearted bailiffs?

Hi,

I wish I'd read post 26 earlier. I fear you have been visiting other sites without mentioning that fact here, and there's no easy way to say this - in my opinion (and I'm not going to get into ANY discussion why this is) your email content is terrible, and not worth the paper it is written on.

Can I ask if you could produce the relevant case law cited? Have you read all the relevant case law cited and do you understand it?

As for the NOROIROA, it is a total waste of time, despite what others may tell you. A bailiff will totally ignore it if they are in possession of a distress warrant, and have every right to in my opinion.

Sorry to be negative, but it is what I believe to be the truth. If you could answer the part in blue, that would be great.

Again, I apologise for being negative, but it will do you no favours to think this will achieve a wonderful result when it is likely to be ignored completely. Perhaps we can try to find a better way forward.

Do you mind my asking if you are seeking advice from other sites as well (it won't affect us trying to help you)? If so, which ones? I ask only because we know those that give solid advice, and those where the advice is less constructive.

Hi Labman, to answer your question no I cannot nor have I read them, as such I only understand what I have read in the context in which it was posted. I appreciate your honesty so need to apologise. I prefer to get this right than wrong.

When I googled equita bailiffs and car clamping, a number of sites came up, I will have to go back into my history to find the names of the websites but a couple were completed bailiff-orientated only rather than debt orientated. In my defence they seemed to know what they were talking about.

Although, I have looked on the other websites I am not seeking advice as in engaging in conversation with them. I do however have a close friend who used these notices etc and it worked for her in the sense she did not hear anything from her bailiffs. Obviously, there could have been other factors to this which I am unaware of.

In honestly I do not expect the email I sent to them to make them go away but simply to know I cannot be intimidated. I appreciate I have a PCN outstanding and it is my intention to resolve it....but not with bailiffs, as I have not entered into any contract with them and find them despicable beings to deal with!

[vinnie76]

Re: Is my car exempt from cold hearted bailiffs?

Hi Milo,
Thank you for your time and input.

The finance agreement is specifically related to the vehicle and not simply a loan taken out to purchase the car.

Unfortunately, I will have to agree with you in re. to my vehicle being made exempt. But fortunately, as I am not the owner of the car and have sent proof of that it should not be levied upon.

Question arises, once again, if they do clamp my car and I unclamp it will they say I have stolen it from the magistrates as in the case of dougle? Ultimately if the car does not belong to me and they clamp it then I cannot "steal' it from them and they in effect, are in breach of theft, right? Especially as I have now emailed them proof of ownership.

[vinnie76]

Re: Is my car exempt from cold hearted bailiffs?

The notice is primarily directed to debt collectors, i.e. the thugs sent round by catalogue/loan sharks, any bailiff serving a warrant, be it "distress" or "execution" is "technically" a Court Officer, thus an envoy of HM Lizzie the second.....in the old days they could take you to the "Tower" as rat bait....:tongue2:

Ok, I see. Right. Thank you for that clarification Sir Vere! Rat bait? Poor rats! lol

[vinnie76]

Re: Is my car exempt from cold hearted bailiffs?

Dougle, was the van yours as in registered keeper and owner?

Sorry to hear about your situation! Sucks!

Thanks for the 'good luck'!

[labman]

Re: Is my car exempt from cold hearted bailiffs?

Hey Vinnie,

Don't bother going back through your history to find the names of the sites - many of us here know the source of much of the letter, and you're right, the site is very plausible indeed.

We are not concerned with them, we're concerned with you! It is totally understandable you looking around, I'd do the same.

As for the dilemma re the car, if it is clamped (and sending proof of ownership is still a good idea, but do just that, don't pad it out) then phone the police and take photographs of everything as you might have legal redress.

Re the notice of removal of implied right of access, you'll read on quite a few sites that this can be 'deployed', and it can. It can also be ignored, and routinely is by bailiffs. Have a read of the following:

CIVEA ( Civil Enforcement Association) represent the interests of most bailiff companies in England & Wales. On 17th May 2013 on their news page they posted an article concerning the Removal of Implied Right of Access notices that many debtors are encouraged to display on the boundary of their property in the mistaken belief that such a notice will magically stop a bailiff visiting the property.

As you will see from the news article (link below) CIVEA ( not surprisingly) consider such notices are "nonsense" but most importantly; the article confirms that they have advised their members to "disregard such notices and continue with enforcement action"

CIVEA are acknowledging that a debtor could if they wish, institute court proceedings against the bailiff for trespass and warning also of the risk of significant costs that could be imposed against the complainant.

http://www.civea.co.uk/news-24.htm

[dougle]

Re: Is my car exempt from cold hearted bailiffs?

Dougle, was the van yours as in registered keeper and owner?

Sorry to hear about your situation! Sucks!

Thanks for the 'good luck'!

No it was my own car, no knock no warning.If he knocked on i would have settled there and then, it was due to me not disclosing whom was driving in time for court hearig. This added some £200 in fees attendance, van -he was in a Citreon Picasso.
He stated the last time someone knocked on they got their nose broke! hence the clamping.
To be honest, the guy was alright really,it erked me that he threatened my girlfriend with locksmiths when her adress has not audit trail to me whatsoever, they merely parked incognito with an ANPR van and presumably followed me to hers.
I offered to repair the clamp and he said its ok, it had already been welded up previously!