bailiff and my car

[discoade]

Hi
a Google search lead me here! im looking for some advice!
Ive had the bailiffs round to collect some council tax arrears.
He told be he could take my car as there isn't enough value in my property.

He hasn't seized the car as yet!

How do i stand on selling the car and hireing it back for my use with no money changing hands? ie; i sell the car to my mate and he retains the money he should pay for the car in lew of hire charges for hiring it back to me?
eg i want £2000 for the car he keeps the money and hires it back to me for 20 months for £100 a month, all money up front like!
I would change the log book to his name.
Can this stop the bailiff taking it as it wouldn't belong to me?

After this is all sorted i would just buy it back!

Also can he take it as i use it in my work in construction carrying tools from site to site although it is for personal use also?

The car is my own not a company car.
no he has left no paperwork as regards the car only my goods.
I realize i could go to prison but wouldn't they have to take me to court first?
I have tried to pay the one payment i missed on several occasions but they wouldn't accept it. i knew i couldn't make the payment so i rang them to say i would be 6 days late making the payment but they wouldn't accept it and ive tried to make the payment on several occasions thereafter but to no avail and they sent the bailiff round.

i wouldn't mind going to court as i have made a reasonable attempt to bring my account up to date i even offered to clear the account in a month but they wouldn't accept this.
i believe there is a law that says they can only take a minimum payment if you cant pay the full amount. ive been off work for 18 months with heart trouble so money a little tight to say the least. isn't that a good enough reason?

what i need to know is can they take my car as i was starting back to work next month and need it!

Many thanks in advance guys

[CourtOfficerSpeaks]

Has you had a CCJ? If so they could take your car

Changing the owners name would prevent removal yes, i certainly know we wouldn't touch it, once the DVLA results came back. you don't need to do all that hiring nonsense though, just change the name - simple.

As for tools of the trade, alot of people try to quote that line to me on a regular basis. I can tell you it never washes, i've took spanners from a mechanic before.

And rememeber, yes, council tax isn't my speciality anyway & it's a criminal offence. This is not like a regular debt and DCA.

[robin9342]

Originally Posted by CourtOfficerSpeaks

Has you had a CCJ? If so they could take your car

Changing the owners name would prevent removal yes, i certainly know we wouldn't touch it, once the DVLA results came back. you don't need to do all that hiring nonsense though, just change the name - simple.

As for tools of the trade, alot of people try to quote that line to me on a regular basis. I can tell you it never washes, i've took spanners from a mechanic before.

And rememeber, yes, council tax isn't my speciality anyway & it's a criminal offence. This is not like a regular debt and DCA.

In which case, you have clearly broken the law!!!
see:
Bailiffs and debt collectors : Directgov - Money, tax and benefits

In particular:
What can a bailiff take?

Bailiffs can't take essentials such as clothing, bedding, cookers, fridges, most furniture and the 'tools of your trade' (for example, a computer you use for work).

[CourtOfficerSpeaks]

Deleted

[10110001]

You can just transfer the RK into someone else name. If the bailiff subsequently takes the car then the new RK has a claim against the bailiff's liability insurer. Useful if you are looking to replace your car anyway.

Speak to the council and offer to pay, they decline it and that scuppers any legal action the council brings later. There is no obligation for you to correspond with the bailiffs or open the door to him, eventually he'll have to return the case to the council.

He told be he could take my car as there isn't enough value in my property.

It seems the bailiff is a plank, how would he know the value of your property?

[robin9342]

Originally Posted by CourtOfficerSpeaks

Well we did!

Although to be fair he never tried to appeal. He was happy with what we took. It more mainly revolves around Taxi drivers, people like that, should we take their car etc etc, do they use it for any other purpose etc.

Plus remember, i'm not a Bailiff. I'm a HCEO, i've never had anyone come back with ANY appeal that was valid from us taking their goods, tools of the trade or not.

I'm afraid the fact that you are a HCEO, not a bailiff makes no difference whatsoever in this case. You have still broken the law:

Under the Courts Act 2003,
(3) “Exempt goods” means—
(a) such tools, books, vehicles and other items of equipment as are necessary to the execution debtor for use personally by him in his employment, business or vocation;


If I were a tradesman, the law does not say that I cannot use my tools for D.I.Y purposes. Vehicles can also be used for both business and personal purposes. You may not have had an appeal YET, but I bet you will when you pick on someone who decides to stand up to you!


See:
Courts Act 2003 (c. 39)