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.
Urgent Clarification needed Ready for fight with Equita
Hi All,
I'm a newbie to this forum and spent many hours looking for answers to my questions in this forum, however I need some clarifications beofre the bailiff turns up at my door, who has threatned to come today.
I was a company car driver back in 2006, however I left the company in January 2007 to work abroad, I kept my house back in the UK but I had tenants in from July 2007 to January 2008. I then returned to the UK in May and held residence in my house.
In September 2007 i had a phone call from my wifes sister telling me a bailiff had been to the house trying to collect on an unpaid pcn relating to my company car from November 2006, I know nothing about this and have not received a ticket. At the time I tried to phone him but got an answer machine so I left my number, he never got back to me.
I got a number of threatening letters from equita to my UK address while I was abroad, however I just thought what the hell, I'm abrioad what can they do to me here? Since returning I got a "FINAL DEMAND" hand delivered through the door from the bailiff yesterday. so I phoned him asking him for information and stating a few things for which i need the following clarification:
1) My wife is now 7 months pregnant and from information in the forum I told the bailiff she is classed as vulnerable. He told me this doesn't matter as the warrant is for me. Is this true? can he execute the warrant even though my wife would be classed as vulnerable?
2) I told him that I had never received a PCN or a NTO as I was a company car driver at the time and have never been the owner or the keeper of the vehicle in question. The registration does relate to a vehicle I was driving at the time. He said that the company where I was working have probably sent the information back to the council stating I was the driver at the time and therefore I should pay. I thought that the registered owner/keeper of the vehicle is ultimately liable for the ticket and should pay it and claim the money back from the driver, is this the case or can they do what they have done?
3) I told him I will be sending in a declaration out of time in order to give me a fair trial so to speak, he told me that it probably would get rejected because the warrant was so old (14.09.07).
4) He informed me that he would give me another 24 hours to pay up £365.49 or he would just immobilise any vehicles on my drive. We have 2 cars at our house, my company car and my wifes (registered to her). Can he do this, and what do I do if he does? I spoke to my manager about my situation and he is quite supportive, and would give me a letter stating that my vehicle is a company car and therefore cannot be used as a lein. but what about my wifes?
5) If I can fend these vultures off for about another month the warrant will be 12 month old, and as I understand it, out of date, but what happens after that?
Any hep you guys give me would be much apprieciated, once I've sorted this out my next battle is the bank!!!
Re: Urgent Clarification needed Ready for fight with Equita
Your correct - your car is needed for your employment and as such cant be clamped BY LAW.
As for you wifes car - can you hide it somewhere, neighbours driveway?
as for the other bits im sure someone will pop along to help
Halifax Bank - Owed £1599
23/3 - Data Protection Act sent
24/5 - Data Protection Act finally arrived
25/5 - Demand for repayment sent
04/10 Court bundle filed with court and Halifax
29/10 STAY ISSUED
JAN 08 - Currently being harrased by debt collectors!
Mar 08 - New DCA - Stopped in there tracks
Jun 08 - And another
Jul 08 - Complaint made to HBOS
Nov 08 - My accounts been sold to a DCA
Jan 09 - New complaint issued against HBOS
Mar 09 - Halifax re-aquired the debt
Apr 09 - Applying for Hardship.
at least they removed 2 defaults in selling accounts!
I dont not claim to know everything and any advice i give should be treated as MY opinion.
Re: Urgent Clarification needed Ready for fight with Equita
I would have thought that your wife being the registered keeper of her car they would not be able to touch it. After all, the bailiff told you the warrant is in your name and not your wife's and her being pregant, according to the bailiff, makes not a jot of difference.
Re: Urgent Clarification needed Ready for fight with Equita
Baliffs are very simple people
the act first ask questions later
In other words they will clamp ANY car first before asking who's it is!
Have a look thru this sites A-Z
Might find something intersting there
Halifax Bank - Owed £1599
23/3 - Data Protection Act sent
24/5 - Data Protection Act finally arrived
25/5 - Demand for repayment sent
04/10 Court bundle filed with court and Halifax
29/10 STAY ISSUED
JAN 08 - Currently being harrased by debt collectors!
Mar 08 - New DCA - Stopped in there tracks
Jun 08 - And another
Jul 08 - Complaint made to HBOS
Nov 08 - My accounts been sold to a DCA
Jan 09 - New complaint issued against HBOS
Mar 09 - Halifax re-aquired the debt
Apr 09 - Applying for Hardship.
at least they removed 2 defaults in selling accounts!
I dont not claim to know everything and any advice i give should be treated as MY opinion.