+++help++

[soslasthope]

:|Hello

 

Can any body confirm to me if a bailiff has to give you notice or any thing signed to check if they have put a levey on your car.

 

How do they get the information that it is your car?

 

Thanks:-x

[p4ul]

Basically if its on your property or directly outside it they can assume it belongs to you.

It is down to you to prove ownership.

 

This is easy, just show then a copy of the logbook. If they try to remove a car not owned by you just phone the police and tell them the car is being stolen, which technically it is

 

They can levy anything outside the property because they dont need peacfull entry

[soslasthope]

What with out them checking who the car belongs to surley not so what you are saying is that they do not have to tell you that they are gong to take your vehicle they just turn up and take it?????

[p4ul]

If its on your property then yes they can levy on it without you having to sign anything.

They will usually clamp it then its down to you to prove you don't own it.

 

Its a disgraceful law that says YOU have to prove ownership not the bailiff.

As Ive said though, cars are the easiest thing to prove who owns.

much easier than proving who own a TV with no receipts

 

If it doesnt belong to you then get whoever owns it to park it away from the house

[Guest BiG SiD]

:|Hello

Can any body confirm to me if a bailiff has to give you notice or any thing signed to check if they have put a levey on your car.

 

Ok two things here - which I think you are asking(?):

 

1) NO a bailiff does not have to give you any prior notice that a levy of distress is to take place.

 

2) IF a bailiff has completed a levy upon your (or what they deemed to be your) goods, they are requiried to leave an Inventory for you/the debtor, itemising what has been seized. Most companies will also leave some sort of additional paperwork with their contact details/perhaps an offered payment plan etc etc. But paperwork to confirm exactly what recovery action they have taken should have been left for your/the attention of the named debtor - but an Inventory is the 'give away' that a levy has been completed - any paperwork where the bailiff has listed goods?

 

Good Luck.

[p4ul]

Doesn't the bailiff have to be able to physically able to touch the goods to include them on the levy? isn't That is one of the reasons a bailiff cant levy goods in someones house by just looking through the window?

[soslasthope]

no no paper work about taking goods just a letter giving me 24hrs to pay debt Bailiff did come to door I opened door saw bailiff and slammed door so he had to put letter through letter box. Came from the council signed his name as a bailiff odd

[Guest BiG SiD]

If its on your property then yes they can levy on it without you having to sign anything.

They will usually clamp it then its down to you to prove you don't own it.

 

Its a disgraceful law that says YOU have to prove ownership not the bailiff.

As Ive said though, cars are the easiest thing to prove who owns.

 

Just a bit worried that this is sounding like... if the levy completed is NOT on your property (such as on a car in the street etc) - then the bailiff requiries some sort of signature - this is NOT true. They are as free to levy distress on your goods away from your home address (N/A: to distress for Rent - which is more restrictive) as they are in it and do NOT require your written or spoken permission to complete this.

 

As a side note - in practice cars are far from as easy to prove ownership as you might suggest - sure the bailiff will no doubt run a HPI check on the vehicle and in all likelihood check the registered keeper with the DVLA prior to any removal. You are quite correct when you say that the onus is not with the bailiff to prove ownership - but in todays world, with HPI, cars not registered to the owner (not that the registered keeper has to be the owner) - the dangers (for the bailiff) of simply removing a car without having undertaken such checks, would in my experience be too unsafe undertake.

[Guest BiG SiD]

Doesn't the bailiff have to be able to physically able to touch the goods to include them on the levy? isn't That is one of the reasons a bailiff cant levy goods in someones house by just looking through the window?

 

As far as I am aware - No they do not have to physicaly touch the goods - the goods have to be deemed removable at the time of the levy. In theory a bailiff might touch a car say behind a locked gate by pushing his hand through the gate etc - but he wouldn't be able to complete a levy of distress upon this, as it wasn't removable - drifting into a grey area here I suspect. Which for the same reason is why they can not levy by simply looking through a window - open the window and climb in Yes - but not by looking from outside.

[p4ul]

As far as I am aware - No they do not have to physicaly touch the goods - the goods have to be deemed removable at the time of the levy. In theory a bailiff might touch a car say behind a locked gate by pushing his hand through the gate etc - but he wouldn't be able to complete a levy of distress upon this, as it wasn't removable - drifting into a grey area here I suspect. Which for the same reason is why they can not levy by simply looking through a window - open the window and climb in Yes - but not by looking from outside.

Yep that was what i was trying to get at.

For them to be able to levy, they acutaly have to be able to physicaly remove the goods hence the reason they cant levy be looking through a window

[p4ul]

Just a bit worried that this is sounding like... if the levy completed is NOT on your property (such as on a car in the street etc) - then the bailiff requiries some sort of signature - this is NOT true. They are as free to levy distress on your goods away from your home address (N/A: to distress for Rent - which is more restrictive) as they are in it and do NOT require your written or spoken permission to complete this.

 

As a side note - in practice cars are far from as easy to prove ownership as you might suggest - sure the bailiff will no doubt run a HPI check on the vehicle and in all likelihood check the registered keeper with the DVLA prior to any removal. You are quite correct when you say that the onus is not with the bailiff to prove ownership - but in todays world, with HPI, cars not registered to the owner (not that the registered keeper has to be the owner) - the dangers (for the bailiff) of simply removing a car without having undertaken such checks, would in my experience be too unsafe undertake.

Sorry you misunderstood me here.

what i meant was if the car was on their property (ie in their garden)

 

Again when i said car ownership is easy to prove i meant that it is easy for the person to show the bailiff the v5 to prove who owns the car.

 

I have first hand experience of a bailiff trying to remove goods that did not belong to me, despite being in possession of a statutory declaration stating they belonged to someone else the bailiff was still going to seize said goods

[soslasthope]

well if you have a block of 3 houses cars parked in a row facing all 3 houses how will the bailiff know who the car belongs it could belong to a person living accross the road so I suppose you would have to let a neighbours know by saying oh by the way could you move your car please as maybe the Bailiffs will take it. They must have to ensure the car belongs to you before they remove it.

 

One way to fall out with your neighbours ha ha