Bailiffs may only take or clamp cars that belong to the debtor.[1]
Cars on hire purchase do not belong to the debtor, they belong to the lender until the final payment has been made and the option to purchase has been Exercised.[2][3][4][5]
You have a right to apply to the court for an injunction to recover the hire purchase car.[6][7]
Before making the application, you must give the bailiff a Notice of intention to apply for an injunction.[8]
If the bailiff does not return control of your hire purchase car, then apply to the court together with a claim for damages for depriving you of the car[9] and your costs,[11], or if you are representing yourself as a litigant in person, your costs at £19 an hour plus disbursements.[11][12]
Take daytime photographs of the clamped car showing the number plate and the wheel clamp in the same picture, then gather evidence of the finance agreement and a screenshot of the balance owing on the car.
Template Notice of intention to apply for an injunction
Send the notice to the bailiff company and get a certificate of posting from the post office.
Give a copy of the notice to the bailiff company by email and make a screenshot of the sent email capturing the time you gave it.
Send a copy of the notice by text message to the bailiff to his mobile and make a screenshot of the sent text message to record the time you gave it.
Keep all screenshots for your file.
When the time limit in the notice lapses without the bailiff returning control of your car, you may apply for an injunction.
[1] Paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[2] Chitty on Contracts (32 ed.) ss39-307 paywall
[3] Mulwanyi v London Borough of Croydon and Newlyn Plc, Central London County Court, 7 Apr 2017
[4] Opinion by John Kruse Bailiff Scholar
[5] Tandea v Marston Group Limited, Central London County Court, Jan 2020
[6] Section 4 of the Torts (Interference with Goods) Act 2007
[7] Paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[8] Practice Direction 6.1, Pre-action Conduct and Protocols
[9] Section 3 of the Torts (Interference with Goods) Act 2007
[10] Civil Procedure Rule 44.2
[11] Civil Procedure Rule 46.5
[12] Practice Direction 46. Rule 3.1
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