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Re: Is my car exempt from cold hearted bailiffs?
I am not talking about what could be considered a "tool of the trade" .... it is not unlawful to clamp a vehicle that is not exempt, and surely not futile, because the prospect of having one's car removed is a very emotional thing, and the majority of defaulters will pay for the warrant.
In most cases the battle is quite psycological, and at the end of it no one comes out as the outright victor.
As I mentioned in previous posts, if a bailiff knocks on ones door it is not the baliff that decided one morning to do so without just cause.
This forum is to help those who are badgered by rouge bailiffs who carry on enforcing despite all evidence that such enforcing is not possible because they are at the wrong address, they have the wrong people or the debtor is categorized as a "vulnerable" person.
A "good" bailiff should help the "vulnerable" defendants where possible; withdraw from addresses where the defaulter is not present and return the warrant to the appropriate Court with notes as to why the Warrant can not be executed.
But returning to the issue about vehicles, let's say that a defendant has not paid a £60 Fixed Penalty Notice for causing an obstruction on the Highway (non endorsable offence), after 28 days the fine goes up by 50% to £90, after a further 28 days the defendant is in default and a Distress Warrant is issued by HMCTS, immediately there is a further charge of £85 and a first stage letter is sent from the Bailiff to the defendant, giving notice that if the debt is not paid (or alternative arrangements are not in place with the Bailiff) within 7 days (in some cases 14/28 days) further enforcement will continue at a minimum extra cost of £215.
The defendant through forgetfulness/stupidity/sheer pigheadedness has gone from £60 to £360 in the space of 3 months.
The Bailiff turns up and says: Hello you Convicted Criminal, I am here to collect £360, and I want it now!
CC tells the B that he can go jump in a river (fast flowing and dreadfully cold would do nicely thank you)
B says, shame I have just clamped your Ford Cortina (other methods of transport are available) which is worth £300, if you do not pay it might be towed away.
CC thinks: Holy macaroni, there are no buses, nearest train station is further than I can cycle and I need the car to go do £500 of Christmas shopping next week or my family are going to think that I am a Scrooge if do not buy them useless but glitzy Christmas presents! And if I need to buy another Cortina it's going to cost me more than £500! So he says to B: I need my trusty Cortina to keep my family happy and eventually to get to work because my Credit Card bill in January is going to resemble the deficit of the UK Government, can you help me out?
Now we have two options: Good Bailiff and Bad Bailiff
Option 1) BB says: Sorry CC, the answer is no because the Court wants the money now, and availing myself with the Power of Entry under Schedule 4a of the Magistrates Court Act 1980, I will come into your house, take your nice telly, nicer PS3 and even better XBox, put it in the Cortina and drive off to the Auctions.
At this point CC pays and his family are going to hate him forever because he only spent £110 on useless Christmas presents, even if they looked good in the glitzy packages under last years plastic "Alpine Spruce".
Option 2) GB says: OK, if you pay half now I'll take the clamp off, but I will want the other half in 30 days time.
CC says here you are, handing over £190, see you in 30 days time.
Now there are two variants, depending on how "law abiding" CC is:
Variant 1) As soon as GB leaves CC packs his family in the Cortina, puts the plastic "Alpine Spruce" in the boot and explains to them that a nasty guy has just robbed him of £190 so their Christmas is not going to be very good, but they also need to move quickly because nasty guy is coming back in 30 days for more....family is unhappy with nasty guy and comfort CC on his loss. When GB comes back he has to start looking for CC all over again or loose £190 worth of fees.
Variant 2) As soon as GB leaves CC gets his family around and explains that through forgetfulness/stupiditysheer pigheadedness he has ruined his family Christmas because instead of paying £60 on time for a well deserved fine he now has to pay £390....but he will make it up to them next year.....family does not forgive him and since he has spent the turkey money on an unpaid fine ends up in the oven instead.....GB returns 30 days later for the balance and looses £190 worth of fees because CC is dead.
I was always an understanding Bad Bailiff because I was bitten in the back side by both scenarios.
In God I trust, everyone else is another matter!
Originally posted by bizzybob
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In most cases the battle is quite psycological, and at the end of it no one comes out as the outright victor.
As I mentioned in previous posts, if a bailiff knocks on ones door it is not the baliff that decided one morning to do so without just cause.
This forum is to help those who are badgered by rouge bailiffs who carry on enforcing despite all evidence that such enforcing is not possible because they are at the wrong address, they have the wrong people or the debtor is categorized as a "vulnerable" person.
A "good" bailiff should help the "vulnerable" defendants where possible; withdraw from addresses where the defaulter is not present and return the warrant to the appropriate Court with notes as to why the Warrant can not be executed.
But returning to the issue about vehicles, let's say that a defendant has not paid a £60 Fixed Penalty Notice for causing an obstruction on the Highway (non endorsable offence), after 28 days the fine goes up by 50% to £90, after a further 28 days the defendant is in default and a Distress Warrant is issued by HMCTS, immediately there is a further charge of £85 and a first stage letter is sent from the Bailiff to the defendant, giving notice that if the debt is not paid (or alternative arrangements are not in place with the Bailiff) within 7 days (in some cases 14/28 days) further enforcement will continue at a minimum extra cost of £215.
The defendant through forgetfulness/stupidity/sheer pigheadedness has gone from £60 to £360 in the space of 3 months.
The Bailiff turns up and says: Hello you Convicted Criminal, I am here to collect £360, and I want it now!
CC tells the B that he can go jump in a river (fast flowing and dreadfully cold would do nicely thank you)
B says, shame I have just clamped your Ford Cortina (other methods of transport are available) which is worth £300, if you do not pay it might be towed away.
CC thinks: Holy macaroni, there are no buses, nearest train station is further than I can cycle and I need the car to go do £500 of Christmas shopping next week or my family are going to think that I am a Scrooge if do not buy them useless but glitzy Christmas presents! And if I need to buy another Cortina it's going to cost me more than £500! So he says to B: I need my trusty Cortina to keep my family happy and eventually to get to work because my Credit Card bill in January is going to resemble the deficit of the UK Government, can you help me out?
Now we have two options: Good Bailiff and Bad Bailiff
Option 1) BB says: Sorry CC, the answer is no because the Court wants the money now, and availing myself with the Power of Entry under Schedule 4a of the Magistrates Court Act 1980, I will come into your house, take your nice telly, nicer PS3 and even better XBox, put it in the Cortina and drive off to the Auctions.
At this point CC pays and his family are going to hate him forever because he only spent £110 on useless Christmas presents, even if they looked good in the glitzy packages under last years plastic "Alpine Spruce".
Option 2) GB says: OK, if you pay half now I'll take the clamp off, but I will want the other half in 30 days time.
CC says here you are, handing over £190, see you in 30 days time.
Now there are two variants, depending on how "law abiding" CC is:
Variant 1) As soon as GB leaves CC packs his family in the Cortina, puts the plastic "Alpine Spruce" in the boot and explains to them that a nasty guy has just robbed him of £190 so their Christmas is not going to be very good, but they also need to move quickly because nasty guy is coming back in 30 days for more....family is unhappy with nasty guy and comfort CC on his loss. When GB comes back he has to start looking for CC all over again or loose £190 worth of fees.
Variant 2) As soon as GB leaves CC gets his family around and explains that through forgetfulness/stupiditysheer pigheadedness he has ruined his family Christmas because instead of paying £60 on time for a well deserved fine he now has to pay £390....but he will make it up to them next year.....family does not forgive him and since he has spent the turkey money on an unpaid fine ends up in the oven instead.....GB returns 30 days later for the balance and looses £190 worth of fees because CC is dead.
I was always an understanding Bad Bailiff because I was bitten in the back side by both scenarios.
In God I trust, everyone else is another matter!
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