Bristow and sutor gave me five days to pay or take car.

intrigue · 22nd May 2008, 16:05

Please can you tell me if the bailiff's can take my car if i sign it over to my girlfriend and also can they take the car if i use it for work?

Any help appreciated

Thanks

Matt

kel123 · 22nd May 2008, 16:34

Hi

more background information is needed i.e. what are they collecting for? Have they visited? did you let them in etc

Kel

intrigue · 22nd May 2008, 17:52

well basically,
didnt pay council tax > Liarbility order > bristow and sutor.

Offered B & S £50 a month which they refused and so have been saving to pay council tax online, i will have the full amount in 5 weeks when i intend to pay it off.

The bailiff came round and i told him i had already made an offer which they refused and so i wasnt going to make another and i would pay the council directly.

He has levied against my car and gone away.

Matt

FairPlay77 · 22nd May 2008, 18:10

Offered B & S £50 a month which they refused and so have been saving to pay council tax online, i will have the full amount in 5 weeks when i intend to pay it off.

IT might be a good idea to pay the council whatever you can each week rather than saving it up for five weeks' time. This will demonstrate your willingness to pay and put you in a stronger position to ask the council to call off the baillifs. They might well refuse first time but you can always enlist the support of your local councillor.

The sensible thing, meantime, is to find a safe place to keep your car where the bailiffs can't find it., and don't answer the door to anyone you suspect might be a bailiff!

kel123 · 22nd May 2008, 21:51

Did you you sign anything i.e. a notice of seizure. were you given a notice of seizure.

I agree with Fairplay pay as much as you can as often as you can to the council and keep contacting them to see if they will take it back

What charges on on the papers he has given you?

intrigue · 23rd May 2008, 08:43

Paying the debt is not the issue at the moment. The main issue is my car what i would like to know is if i "sell" it to my gf and register it in her name can they take it?

No i have signed nothing, they ahve not entered my house and the fee's outlined are "accecptable" as far as i am concerned (although it does not bother me about fees as i will not be paying them).

Thanks
Matt

kel123 · 23rd May 2008, 10:13

OK, but has he given you a notice of seizure with the car on it? Technically if you haven't signed it, it is not binding but that doesn't mean anything, believe me i'm in the middle of this myself with B&S. If your car as been seized then the bailiff has the right to take it has he believe that it is his but he is allowing you to use it. Has he charged for a walking posession, should be £12

Bailiffs who collect CT have to be 'certified' by a court and inorder to find out if he is certified, contact Her Majestys court services - enforcement program on 020 7210 0516 and ask them. One of the two B&S Bailiffs involved with me was not certified and at present it is with Reditch County Court, because I have made an official complaint (form 4)

intrigue · 23rd May 2008, 10:18

No, he has given me a notice of seizure which says he has taken the car (which he hasn't) and it says i have 5 days to pay! Am i to assume i should move the car elsewhere then?

Thanks

Matt

intrigue · 23rd May 2008, 10:20

No i have not signed it, it was posted through my letterbox.
Thanks
Matt

kel123 · 23rd May 2008, 10:20

Definately yes

Post overlap - is the car on the notice of seizure?

tomtubby · 23rd May 2008, 10:52

Intrigue

Please be aware that MANY bailiff companies read these posts daily. I would be careful of putting too much information on a public thread.

You may give away, sell, hide etc any assets BEFORE a bailiff has levied upon them. In your case it would appear that the bailiff has levied upon the vehicle and in which case I am afraid to say that it may now be too late to sell etc.

intrigue · 23rd May 2008, 11:13

Car is moved and no longer available. Why would it be too late to sell? i have not agreed to anything or signed anything and as far as the law is concerned it is now my property.

As for them reading this, i would be more then happy for them to read my posts and know that they will not intimidate me.

My house is secure and locked 100% of the time without fail, they will not get into my house and i will not be paying a penny to them directly.

I tried to make an agreement with the last bailiff who accepted the agreement and tried to get into my house for me to sign it. I informed him this would NEVER be the case as i was aware he would then be able to do a wlaking possesion. He then went to the car and put a letter through my door saying i had not agreed to make an arrangement. As far as i am concerned he has shot himself in the foot as now B & S will get nothing.

Matt

tomtubby · 23rd May 2008, 11:56

I am sorry, but the fact is that in order to levy upon goods inside the house the bailiff will need to gain "peaceful entry" into your home. In doing so he will then list items on a walking possession that are then in his legal control. The walking possession is merely recording which assets are secured but crucially this documents allow the bailiff to RETURN back to your home if you have defaulted on the payment arrangement made and to collect the goods listed on the walking possession. If you do not let the bailiff in to remove "his" goods, then he can force entry with a locksmith. I am sorry to make this sound scary.....but it is fact.....and this situation sadly happens many times a day.

It is for this reason that we always say....never allow a bailiff into your home.

However, if the bailiff does not manage to gain entry into the home it is now commonplace for him to place a "levy" upon a motor vehicle on the driveway etc. This is valid and once again means that he has "secured" that vehicle. Many arguments are made against this method of securing a levy and that is why a bailiff would much prefer to have your signature to confirm that you have agreed to this "levy".

Is the car in your home?

Is it subject to finance etc?

intrigue · 23rd May 2008, 11:59

No the car is not at my home and no it is not subject to finance.

How can he "secure" a car that is no longer at my address or has been sold?

Thanks

Matt

sieski_hmm · 26th May 2008, 10:54

By secure we mean levied. Levied does not mean removed or seized. Its merely a legal term. I'm afraidthough if the bailiff finds the car they can remove it. You would have to prove you sold it BEFORE they applied levy. I've just had a levy removed on my car with B&S. Seems they are a bunch of *******

tonycee · 26th May 2008, 12:16

Quote:

Originally Posted by sieski_hmm

Seems they are a bunch of *******

And have been for at least the last 4 years that they have stolen £2k in fees from me.

They will clean you out if you let them.

Its time to fight back. Well done.

intrigue · 4th June 2008, 16:54

Ok i have paid the council tax bill of £400 but now i am concerned they will be back for the fees can someone tell me how to proceed.

Check out this thread for why i am cncerned (this was a seperate issue where i owed £100 and they added £300 fees)

intrigue · 4th June 2008, 17:10

Now i have spoken to the council and they say that it doesn't matter that i have paid it online i still have to pay fees? Given todays nightmare i am now very concerned.
Matt

rippedoffagain · 4th June 2008, 17:46

Quote:

Originally Posted by intrigue

Please can you tell me if the bailiff's can take my car if i sign it over to my girlfriend and also can they take the car if i use it for work?

Any help appreciated

Thanks

Matt

Everyone has missed this I think. I am not 100% sure as the rules keep changing, but if this was a civil matter they could not levy on the car if it is used for work (I don't mean travelling to and from). I don't see why it would be different for council tax.

I stand to be corrected.

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