A motor vehicle has always been a most attractive item for a bailiff/enforcement agent to seize and in particular; because of its value and the fact that in many cases, the vehicle is located on the debtors driveway thereby easing the removal process.

In 2014 significant changes were made to bailiff enforcement under the Taking Control of Goods Regulations 2013 but unfortunately with motor vehicles, the regulations may result in reduced protection for many people and in particular, business debtors.

A short while ago I wrote a new STICKY for the forum entitled Bailiff enforcement: A Simple Guide to the Taking Control of Goods Regulations 2013. To ensure that the forum does not get clogged up with too many stickies I included with that STICKY a separate Guidance regarding bailiff enforcement and motor vehicle.

Given the importance of this subject I thought that it may be useful to post a copy of the guidance (on motor vehicles) on the main forum as well (see copy in the next post). A link to the Guidance is here:

http://www.consumeractiongroup.co.uk/forum/showthread.php?453292-Bailiff-enforcement-A-Simple-Guide-to-the-Taking-Control-of-Goods-Regulations&p=4800997&viewfull=1#post4800997

Can a Bailiff take my car?

What do the regulations say about a vehicle being exempt?

Regulation 4(1)(a) of The Taking Control of Goods Regulations 2013 provide that the following 'goods of the debtor' are considered to be 'exempt':

What is meant by ‘necessary’ (for use personally by the debtor)?

The starting point will be whether the debtor’s trade (or employment) could continue without the particular vehicle that has been taken into control. In other words; is the future of the business (or employment) vital to that particular vehicle or could the business (or employment) continue to trade with a cheaper model? No two cases are alike.

What is meant by ‘for use personally’ (by the debtor)?

For example, if at any time during the course of business, an employee, or anyone else can be shown to have the use of the vehicle then the vehicle will not be ‘exempt’ from being taken. In most cases it is common to hear of bailiff companies requesting a copy of the insurance policy. The reason for this is usually to see whether any ‘additional’ drivers are included under the policy.

How is the value of £1,350 calculated?

The financial ‘cap’ of £1,350 is considered very low indeed and whilst this low figure may provide a level of security for students (ie, for ‘study and education’) the same cannot be said for sole traders and companies whose vehicles are likely to be worth much more than £1,350.

It is generally considered that the amount of £1,350 is likely to be calculated as being ‘auction’ value which should not be confused with ‘second hand value’. However, this point has not been made clear in the regulations.

I need my car to get to work. Is it ‘exempt’?

Most unlikely. The wording of the regulations provide that a vehicle under the value of £1,350 will be considered exempt if it is used by the debtor 'in the course of his employment'. This does not mean that a vehicle used for the purpose of getting to and from work will be considered exempt.

Can I sell or transfer my car to avoid it being taken by a bailiff?

If the vehicle is sold or transferred around the time of the Notice of Enforcement, then the vehicle is likely to be the subject of legal challenge given that goods belonging to the debtor become 'bound' under the warrant. The new purchaser would be required to make an application under Part 85 of the Civil Procedure Rules and provide evidence that the sale had been in 'good faith' and for 'valuable consideration' (i.e: had paid the proper market price for the car).

My car should not have been taken by a bailiff. What can I do?

A significant change that has been made to the regulations is the right to ‘appeal’ (object) if goods ( in particular motor vehicles) have been taken by the bailiff which are considered by the debtor to be ‘exempt’. This simple, speedy and most importantly, free procedure is outlined under Section 85 of the Civil Procedure Rules. Legal action should be avoided.

NOTE:

If viewers are concerned that a vehicle may be at risk of being taken or has already been taken by a bailiff, then please ask a question on the forum. We are all here to provide help and assistance.

Bailiff enforcement - Can a bailiff take my car - Is my car exempt - I need my car for work etc .pdf

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http://www.consumeractiongroup.co.uk/forum/showthread.php?460979-Can-a-Bailiff-take-my-car-Is-it-Exempt-I-need-my-car-for-Work-Discussion-thread.%282-Viewing%29-nbsp

Posts made in this thread have been moved to their own thread - link above.