Bailiffs and your vehicles

Givuzagame · 19th May 2008, 18:56

Hi
Just a couple of questions...

If a bailiff takes your car I presume they must be insured to do so?
If they take without insurance cover where would you/they stand legally?
They would be breaking the law if driving uninsured surely?

Also, can your car be classed as "tools of trade"?
How could you prove it was if not a company car?

Thanks G x

old_andrew2007 · 20th May 2008, 09:47

Quote:

Originally Posted by Givuzagame

Hi
Just a couple of questions...

If a bailiff takes your car I presume they must be insured to do so?
They would need to be insured
If they take without insurance cover where would you/they stand legally?
If they had no insurance they would commit an offence,
They would be breaking the law if driving uninsured surely?
Yes they would

Also, can your car be classed as "tools of trade"?
Its unlikely
How could you prove it was if not a company car?
Again you proberly would not be able to make the claim, its possible to lease a van for example this could be classed as tools of the trade, and of course the bailiff could not then remove it.

Thanks G x

Regards

Andy

streaker · 23rd May 2008, 08:29

I have sucsessfully argued this point. My car is insured for business use and I have a letter from my emplyer stateing I need to use it for work.

The bailiffs didnt accept this but the court did, they understand I will be reclaiming a weekd wages from them because of this.

Startkey&Clutch · 6th July 2008, 14:48

If you were say a driving instructor could they take your car?
That would be an essential tool for your business???????

WWOW · 6th July 2008, 14:56

A driving school car is necessary for the debtor to carry on business as a driving instructor. He can ask the bailiffs certificating court to return the vehicle undamaged. The debtor can also ask for compensation and recover loss or earnings by completing a Form 4: http://www.hmcourts-service.gov.uk/c...form4_0606.pdf

kermit2482 · 6th July 2008, 15:40

Bailiffs dont take the car away they get a recovery vehicle in to take your car away so as long as the recovery firm are insured which im sure they would be then there is no problem!!

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