Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Back in 2000 I bought a brand new company car on HP. I was director of the company, vehicle was registered to the company not to myself. The car was purchased from a main dealer.
The car did a lot of motorway miles and we had no problems with the car for the first 43,000 miles. After this point we had endless breakdowns, an engine rebuild and an unsound engine after repairs and servicing etc etc...
We contacted trading standards for advice and were told that in their opinion the car was faulty at point of sale. We passed their comments on to both the dealership and the finance company who both claimed that it was the others responsibility.
As we could not guarantee the reliability of the car which was essential for our business we stopped using it.
We got no answers from the finance company or the dealership, in the end we cancelled the direct debit for payment as we could't justify paying for the vehicle that could not earn it's keep. This was in 2001.
In 2002 the company was wound down. We enlisted the services of a professional company to deal with all aspects of the closure of the company. The finance company were informed of course, but we did not get a response. We were advised that as the vehicle was company owned it should remain at the registered premises as we could be breaking the law by removing it as it was on business finance. The finance company were requested by the landowners to collect the car a.s.a.p.
Last week I returned to the offices where we had the company. To my suprise I noticed that the vehicle in question is still in the car park. I found out from the site manager that they have had no word from the finance company about the car and they are keen for it to be removed. I was asked if I could remove it.
Having checked with the DVLA I have found out that my old company is still registered as the keeper. I hold the V5, keys and service history as I was advised not to leave them with the car for security purposes. Again the finance company were informed of this and given my contact details to arrange collection. Again nothing was ever heard from them.
I am now concerned about what may happen to the vehicle. I do not want to be held responsible for it if it were to be removed by the landowner. I left it in good faith that it would be collected. If I were to remove the vehicle myself for safe keeping, would the finance company be able to appraoch me for the arrears on the finance agreement or would it be classed as staeling the car?
I'd like to know what my rights are concerning this,if anyone has any ideas they'd be gratefully received.
Company car purchased on HP...Where do I stand?
for payment as we could't justify paying for the vehicle that could not earn it's keep. This was in 2001.
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