Bailiff/car question

[Clandava]

Can a bailiff levy on a car if the registered keeper is the debtor, but the car was paid for in full, with receipts to suppor this by a partner or third party?

[ChloeJane]

Yes they can.

[Belaflat]

Can they??

On the registration document it says the registered keeper is not necessarily the owner.
Since Bailiffs are not allowed by law to levy distress on goods which dont belong to the debtor then in a case such as this where there is proof of that situation then i would say not.

[The Watcher]

Originally Posted by Belaflat

Can they??

On the registration document it says the registered keeper is not necessarily the owner.
Since Bailiffs are not allowed by law to levy distress on goods which dont belong to the debtor then in a case such as this where there is proof of that situation then i would say not.

The key to the question is the word "proof". It will be up to you to prove that te vehicle does not belong to you - how do you prove a negative? - or else up to the real owner to try and get the goods back. (How many, say, visitors to your house would have proof of ownership of their vehicle on them?)

[setmefree]

as bailiff's send notice when they are due to come, a couple of days before write out a receipt with your friend selling him the vehicle for a pound,date it and both of you sign it he is then the legal owner,then when the bailiff's are gone buy it back for £1.10 and remember their is a vast difference between the registered keeper and the legal owner

[repoman]

That wont work - a sale would have to be for a reasonable amount of consideration. A quid wont do it!

[setmefree]

repoman what a load of rubbish you have just stated,regardless of what price the vehicle has been sold for,it still becomes the property of the new owner

[demon_x_slash]

Why not just park the flippin' car in another street, rather than stoop to something that could be seen as morally dubious and then start arguing about it? Hmm?

[setmefree]

please explain dubious this is a legal act between two people,dubious is cash for honours,unlawful bank charges,killing many helpless children in other country's with bombs etc etc that is my definintion of dubious.

[demon_x_slash]

I said morally, not legally. Morally, if you owe money then you have a responsibility to pay it. If you sell your levied car to a friend for a pound to avoid paying a legally owed debt, and then buy it back the next day, then I would call that morally dubious, yes.

[repoman]

Originally Posted by setmefree

repoman what a load of rubbish you have just stated,regardless of what price the vehicle has been sold for,it still becomes the property of the new owner

and the legal authority that you are relying upon???

[setmefree]

if you owe money then you have a responsibility to pay it(your words) this is very true demon, so can you explain to me as to why a company owing myself £38,000 declared themselves bankrupt and all i av been offered is 7 pence in the pound where are the morals in that and to make matters worse the same company changed it's title and started back up trading.

[demon_x_slash]

Then they are obviously not decent people, aware of and enacting upon their responsibilities. Unfortunately, you get people like that. It doesn't mean that the rest of us have to stoop to their level. In fact, that is one of the many ideals that makes up the spirit of this site, and I am proud to support that.

[repoman]

frankly set me free i think that is outrageous and if it was me you would have some protection in law. Still might be worth investigating if they are clearly acting as a pheonix company

[demon_x_slash]

We're starting to hijack now - setmefree, I think that General Consumer Issues would be the best place to start your own thread if you have any questions about your case.

[setmefree]

many thanks to demon and repoman for support,i have to wait for my settlement of 7pence in the pound this is legal for them to do this,so i lost my car, my dignity,and my style of family life,so as you can respect i will be negative

[Clandava]

Thanks for your replies, It was advice for a third party who is currently parking the car in a different part of town. It was more whether he could argue that the car couldn't be levied on due to being paid for by a third party so technically was theres.

The car is worth far more than the debt, but obviously not at auction.

The question was more that if it was parked outside his house could they levy on it with proof it was paid for by someone else or should he continue to hide it elsewhere and hope for best

Thanks for the insight though.

Sorry to hear about the terrible situation Setmefree, thats awful

[djweeble]

Originally Posted by Clandava

Thanks for your replies, It was advice for a third party who is currently parking the car in a different part of town. It was more whether he could argue that the car couldn't be levied on due to being paid for by a third party so technically was theres.

The car is worth far more than the debt, but obviously not at auction.

The question was more that if it was parked outside his house could they levy on it with proof it was paid for by someone else or should he continue to hide it elsewhere and hope for best

Thanks for the insight though.

Sorry to hear about the terrible situation Setmefree, thats awful

It doesn't matter where the car is located, if the bailliff can track it to your name, find it, and get to it, he CAN levy.

If it is kept in a locked garage, then he's stuffed, however, he could quite legaly step out in front of you i.e. on a pedestrian crossing or the end of your drive, and when you stop, he levies !! he can even follow you to work or the shops and levy in the car park.

Your best bet is to keep the car well out of the way until the matter is settled, if you can't do that, you could always try the sell it route, however, a court would almost certainly find for the bailliff if it got that far.