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.
Hi, despite a bit of searching, I cannot find out the legal status of an item that has a levy on it.
A few times in this forum people have said that a bailiff has put a levy on a car that does not belong to the debtor.
So what is the legal status of the car?
Can it be sold, transfered etc,?
Or does the levy stand until shown to be wrong?
Is there any redress against a bailiff for levying a car not owned by the debtor?
cant figure out how to do a link this is the whole page ANNEX E
Proposed Lists of Exempted Goods
List A
1) The following articles belonging to a debtor shall be exempt from distress at the instance of a creditor in respect of a debt due to him by the debtor-
a) clothing reasonably required for the use of the debtor or any member of the debtor's household;
b) implements, tools of trade, books or other equipment including a car or van reasonably required for the use of the debtor or any member of the debtor's household in the practice of the debtor's or such member's profession, trade or business, not exceeding in aggregate value £1,000 or such amount as may be prescribed in regulations made by the Lord Chancellor;
c) medical aids or medical equipment reasonably required for the use of the debtor or any member of his household;
d) books or other articles including a computer reasonably required for the education or training of the debtor or any member of the debtor's household not exceeding in aggregate value £1,000 or such amount as may be prescribed in regulations made by the Lord Chancellor;
e) toys for the use of any child who is a member of the debtor's household;
f) articles reasonably required for the care or upbringing of a child who is a member of the debtor's household.
2) The following articles belonging to a debtor shall be exempt from distress if they are at the time of the distress in a dwellinghouse and are reasonably required for the use in the dwellinghouse of the person residing there or a member of the household-
a) beds or bedding;
b) household linen;
c) chairs or settees;
d) tables;
e) food;
f) lights or light fittings;
g) heating appliances;
h) curtains;
i) floor coverings;
j) furniture, equipment or utensils used for cooking storing or eating food;
k) refrigerators;
l) articles used for cleaning, mending, or pressing clothes;
m) articles used for cleaning the dwellinghouse;
n) furniture used for storing-
(i) clothing, bedding or household linen;
(ii) articles used for cleaning the dwellinghouse; or
(iii) utensils used for cooking or eating food;
o) articles used for safety in the dwellinghouse or of household articles.
3) The Lord Chancellor may by regulations add to the list set out in subsection (2) above, or delete or vary any of the items contained in that list.
We consider that under 1(b) and 1(d) the preferable aggregate value might be £1500.
List B
Such tools, books, vehicles and other items of equipment as are necessary for use personally by the tenant in their employment, business or vocation and such clothing, bedding, furniture, household equipment and provisions are as necessary for satisfying the basic domestic needs of the debtor and his family.
i hate bailiffs would love to put a hex on them all
I am not an expert by any stretch of the imagination
any advice given is from my own personal experience and what Ive leaned on this site
and if you are happy with my advice you might like to make me a star
THE EDGE there is no way to explain it the only people who really know are the ones who have gone over and came back
My understanding is that the car is at risk of being seized
It is the responsibility of the debtor or true owner to prove to the bailiff it does not belong to the debtor
This can happen after the car is taken away but clearly it would be better if you proved it now as it may not be straightforward to recover it from a locked compound miles away and prove that damage caused to it was the bailiffs fault
Keep things simple. Deal with events promptly. Contact the bailiff NOW with proof that the car belongs to someone else.
Do not play games.
Most of us get into these sorts of problems because we ignore bills, ignore reminders, ignore the court summons, ignore the CCJ and then....find a bailiff or HCEO on our doorstep. Then we start to pay attention.
My advice - learn from past mistakes and pay attention to debts. Deal with things now, not later or in the hope they will go away. A lot of money and grief can be saved by facing up to things!
I'm inclined to agree with BSC, bailiffs should check registration with DVLA. How are you meant to prove you DON'T own the vehicle in question?? If it's outside your house, could be a visitors across the road!!
storm not done a link before don't know how but i will try
just highlight the bit you want to link and right click mouse and depending what program you have it will prompt to cut and paste or coppy click on one of them and go back to the thread and left click again and paste or coppy and the link will should come up
hope that helps you as that was a hell of a long one
I just have to add here that the car that was clamped on my drive didn't belong to me either and they would have none of it that it wasn't mine even though I showed insurance docs and the v5
It took the police to do a check and for them to say you can't touch that vehicle.
The bailiff said it was on my drive and they were taking it didn't matter what I told or showed them ..
They just wanted their money which I also had an out of time stat dec in place too and it took Tomtubby to get my money back.. they quite happily took my daughter's mortgage payment and we had to wait nearly 3 weeks for a refund bearing in mind we paid cash and they knew within 2 hours of leaving my home I had the stat dec in place by fax. But still made me wait and my daughter got charges for late payment to her mortgage
Legal status of Levy?
on it.
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Originally Posted by hallowitch
