What can they do..

LondonPam · 28th January 2007, 23:57

A year ago I got a couple of congestion charge letters as I had forgotten to pay it. I then separated from my husband and moved away. I have now received a letter from Equita saying they plan to visit me and if I'm going to be out could I leave the car keys and log book with someone! The car is actually now in my ex's name and address as he needs it more than me. I am still on the insurance and use it occasionally when I need it for the children (about once a month). Can they actually take the car ?

Innocenti · 29th January 2007, 15:11

No. It is not registered to you. They cannot take property that doesnt belong to you.

LondonPam · 29th January 2007, 15:27

Thank you. I was worried that they will come on the couple of days in the month that I have the car and just take it!

Innocenti · 29th January 2007, 16:05

It might be worth writing them a letter to state that the car is not in your name and not your property and any attempt to take the car will be treated as theft and the police will be called. Fingers crossed that they will listen!

GRAZEL · 15th February 2007, 16:12

LondonPam - did you have any luck?

The Terminator · 16th February 2007, 00:34

Items bailiffs can't take

Once the bailiff has gained access, they can seize any goods belonging to the debtor with the following exceptions:

Items or tools used in self employment/business by the debtor.
This can include vehicles and computing equipment.
Household equipment and provisions necessary for the basic domestic needs of the debtor and their family.
This includes clothing, bedding and furniture. Bailiffs can take video recorders, DVD players, second TV's, jewelry, washing machines, Hi-Fi and microwave ovens.
Items Rented or on Hire Purchase (as technically these don't belong to the debtor).

tyser · 25th February 2007, 00:58

Hi A BAILIFF CAN ONLY TAKE WHAT BELONGS TO YOU & HE HAS TO POVE YOU OWN IT FIRST, HE CONNOT FORCE HIS WAY IN, IF A CHILD OPENS THE DOOR HE HAS TO WALK AWAY, IF A PREGNANT WOMAN OPENS THEY HAVE TO LEAVE.THEY CANNOT CALL ON SUNDAYS, AFTER 9PM OR BEFORE 6AM THEY CANNOT CALL.

MizzPiggy · 25th February 2007, 01:33

Bailiffs can call before 6am, it is and was only a guide with the white paper that it was set as not before 6am, so please don't think they can only call after 6am.

It is up to you to prove to a Bailiff that you do or do not own something, not up to the Bailiff to prove anything - this is a misconception. If the vehicle is on HP for example, it is up to you to prove this.

A debt in your name, is that they can only levy or take on your goods, not that of your husbands if you are seperated, however it is up to you to prove you are seperated and you to settle the debt that is owed.

It is important to make contact with the Bailiff or the charges will go up, so if Equita have sent you a letter, you still have time to negotiate at this point with them, before it goes to the Bailiff. Often the letter is the stage before, where payment plans can still be accepted.

Good luck,

Alison

LondonPam · 25th February 2007, 19:13

Thanks for all your replies. I haven't heard anything since. I certainly know what to expect if anyone does come. Thanks again.

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