Dealing with Bailiffs

Applying for an Injunction to Recover a Clamped Hire Purchase Vehicle

If your vehicle has been clamped or removed by a bailiff while under a valid hire purchase agreement, you may be entitled to urgent legal protection through the courts. English law recognises that such vehicles are not legally owned by the hirer, and therefore cannot be taken control of to satisfy someone else’s debt.

Under Paragraph 3(1) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, enforcement agents may only take control of goods that belong to the debtor. A vehicle subject to a hire purchase agreement remains the property of the finance company until the final payment is made. This means enforcement agents who clamp or remove such vehicles are often acting unlawfully.

The correct legal remedy is to apply for an urgent injunction. This is done by filing a Part 8 Claim Form under the Civil Procedure Rules (CPR), along with a supporting N244 application notice, usually in the County Court or High Court depending on the claim's complexity and urgency.

The injunction application should request an immediate order for the release of the vehicle and a prohibition on its sale or continued deprivation. Evidence should include a copy of the hire purchase agreement and proof that the applicant is not the legal owner of the vehicle.

Damages may also be claimed under Sections 3 and 4 of the Torts (Interference with Goods) Act 1977. These provisions enable claimants to recover compensation for wrongful interference with goods, including loss of use, wasted costs such as vehicle tax and insurance, and any consequential losses.

Bailiffs are expected to make “reasonable enquiries” to check whether a vehicle belongs to the debtor before taking control. This standard is also reflected in the Taking Control of Goods: National Standards 2014 and guidance issued by the Local Government and Social Care Ombudsman, which state that enforcement agents should not remove a vehicle that is under finance or belongs to a third party.

Urgency is essential. Delays can result in the vehicle being sold, complicating recovery and reducing the prospect of full compensation. A well-prepared injunction application, supported by strong documentary evidence, increases the likelihood of immediate relief and a successful damages claim.

If your vehicle has been unlawfully clamped or taken, contact me here for a professionally prepared damages assessment or to apply for an injunction to recover your vehicle and secure the compensation you are owed.