Can a bailiff clamp a finance car?


No

Bailiffs may only take control of goods that belong to the debtor.[1]

A car on finance is not the debtors property until the final payment has been made, because the interest of the hirer in the property hired is limited to the right of possession pursuant to the terms and conditions of the agreement. The hirer gains no proprietary right in the property; until the exercise of an option to purchase, property in the goods remains solely with the owner.[2][3]

It is the practice of Marston Group Limited to tell drivers of hire-purchase cars that they may keep the hire car "on clamp", but this argument was flawed when a hirer of a clamped car brought an application for injunctive relief, and sued for damages.[4]

The court heard that:

Since the car is subject to an HP agreement, it is not 'goods of the debtor' and accordingly, are not bound goods under Paragraph 3 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 and cannot be taken according to Paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.



[1] Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[2] Chitty on Contracts (32 ed.) ss39-307
[3] Helby v. Matthews [1895] AC 471
[4] Tandea v Marston Group Limited, Central London County Court, Jan 2020