Equita and My car

[AbitConfused]

I owe Brum Council for council tax, Equita have just turned up and taken details of my the two cars parked on my drive, niether of which are in the name of me or my wife. He said they would return in 24 hours to seize them. well one is broken down so not much we can do about that but the other one is needed for work and collectin kids etc, its been transferred into my dads name and he is genuiunely paying the loan for it. but it has a private plate with my initials on.

 

What should i do? park it round the corner at my mums for a few days? up the road a bit? Will they take it even tho i have said its not mine?

[scatz1972]

Hi

 

Do you own the one thats broken down?

 

As for the other car that belongs to your dad you need to send this letter to the bailiffs, adapt it for your circumstances. You also need to send some kind of proof that the car is in your dads name log book etc. Send the letter recorded and keep a copy.

 

This letter from the wiki can be adapted to suit your own circumstances and could be used to inform the company, in advance, that you either do not own a vehicle, or that it is subject to either a finance or lease agreement.

—

To: Bailiff Company

Date:

 

 

 

Dear Sirs,

 

Re: Account reference.

 

I refer to your letter/visit dated

(enter date)

informing me that your company have been instructed by

(enter local authority)

to enforce a warrant/liability order etc against me, in respect of

(a parking charge notice/council tax etc).

In your letter you state that you will be visiting/returning to my home to

(seize/auction etc my goods.)

unless full payment of (enter amount) is made by return.

I am aware that statutory regulations provide that certain items are exempt from seizure. These include:

"Such tools, books, vehicles and other items of equipment as are necessary for use personally in employment, business or vocation”.

Could you please note that, although I have the use of a motor vehicle, this is however

(not owned by me/subject to lease/or finance).

As evidence, I am providing photocopies of

(enter details).

For the reason stated above, if your company attempts to seize the above vehicle and/or charge me additional fees to do so, I will consider making an official complaint about your bailiff’s conduct to both the County Court and the Local Authority that instructed him.

Could you please confirm safe receipt of this letter.

(ensure that you keep a copy)

 

 

Yours Faithfully.

 

[AbitConfused]

The broken down car is also in my dads name, neither are ours according to the DVLA. im nt sure if my dad has had the V5's back yet as it was only sorted out a few weeks or so back, the bailiff said he is coming back in 24hrs to take them so a letter wont reach them in time?

[tomtubby]

It i always important to know that there is case law that allows a bailiff to "assume" that goods on the premises are owned by the debtor and that it is for YOU and NOT the bailiff to prove otherwise.

 

Although this is the case, the bailiff should however have "good reason" to believe that the goods are yours..

 

If the bailiff refuses to accept that the cars are not yours then you will need to get your father to swear a very simple Statutory Declaration. I would send the above letter first.

 

It is vitally important to ensure that if they remove the levy on these ehicles...they MUST remove as well "all fees associated with this levy". The correct fees that should then be applied are just £24.50 for "attending to levy where no levy was made"

[scatz1972]

Send the letter anyway, you need proof that you have informed them that the car or should I say cars do NOT below to you. Send everything recorded delivery and keep copies.

 

You could try emailing it aswell.

 

Remember that the bailiff doesnt really want to remove any goods, that you mean some actual work them and they dont want to do that,. The idea of the levy is to put the fear of god up you and get you to cough up, its also a way for them to add some huge fees. However, so long as you show the bailiff that the cars do not below to you then they cannot add the fees and they cant remove them.

 

Call your dad and see if he has the V5's back, and if he does go and get them and be prepared to show the bailiff them if s/he does happen to turn up.

[AbitConfused]

I just called my dad, he said theyve not come back yet. damn dvla. so if i send this letter today are they likely to come back tomorrow and take the car? depending on the time they come ontly the broken down one will be here. What about if i take the number plates off it? how iwll they know its the right car to take?

[scatz1972]

I dont think taking the number plates off will stop them removing the car...but like i said the bailiff doesnt really want to remove anything.

 

If you are sure that the V5's have been sent, you could get a statutory declation done, any high street solictor can help you with this.

 

Just remove the bit that says its always been my sole property.

 

Bailiffs cannot seize goods belonging to someone else, but they are allowed to assume that anything in a property is yours, unless they are provided with proof such as receipts.

Failing this documentary proof. the third party can make a statutory declaration that certain named items belong to him and may not be seized.

This costs about £5 if sworn before a commissioner for oaths/solicitor who signs and stamps it.

Then you scan it, email it, fax it, post a hard copy recorded delivery. The bailiffs should then release these items from the levy.

—

STATUTORY DECLARATION

 

 

 

 

To:

(the bailiffs) (their address)

 

 

 

 

 

I

(your name)

 

 

 

of

(your address)

 

 

Do solemnly and sincerely declare that:

 

 

 

the items listed

(list them)

are not the property of

(your friends name)

and

(reason why they were there)

and have always been my sole property

 

 

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835 and Section 5 of The Perjury Act 1911.

 

 

 

Signature:

 

 

 

 

Declared at

 

 

 

On the day of two thousand and

 

 

 

Before me

 

 

 

 

A Commissioner for Oaths, or Notary Public/Justice of the Peace/Solicitor having the powers conferred on a Commissioner for Oaths

 

[AbitConfused]

Im not gonna get chance to do that now before they return though, ive told them the car isnt ours but they just seemed defiant

[scatz1972]

Im not gonna get chance to do that now before they return though, ive told them the car isnt ours but they just seemed defiant

 

Well of course they do...they just want you to cough up.

 

Im afraid that a bailiff is allowed to assume that something belongs to you, its up to you to prove to them that it doesnt.

 

The only way you can do that is to send the letter and proof that the car doesnt belong to you either in the form of a V5, a receipt or a statutory declaration.

 

Also if you dont do something to get the levy removed then the bailiff will add a levy fee and most probably as the bailiff is Equita their infamous "enforcement fee".

[AbitConfused]

So if i draw up a recipet for the cars between me and my dad, then thats enough to prove it?

[scatz1972]

I did mean a proper receipt i.e a business/company one.

 

Has your dad spoke to DVLA to see if they have actually received the logbook? Im not 100% sure but I think the bailiff company do have to run an ownership check at DVLA before they remove the car.

 

If I was you I would still write to the bailiff company telling them that the car isnt yours, fax it, email it and send recorded delivery.

 

Lastly have you checked that the bailiff who levied on the cars was actually certificated. If you know their name then call the Ministry of Justice on 020 3334 3555 and ask for details of the certificate, the list is not always up to date but if they do find their details they willl be able to tell you which court certificated them, so you will be able to contact the court direct to see if their certifcate is up to date.

[AbitConfused]

Ive just got his surname.

 

well if the car isnt here, he cant take it can he. so i'll leave it elsewhere unti the log book comes thru.

 

As fot he broken down one, well he's kinda doing me a favour i guess cause its nailed!

 

anyway, the notice i got was a 'notice of seizure and iventory of goods' is that basically a levy then?

[AbitConfused]

Also, can they really take two cars witha joint value of about £10k for a £900 bill?

[hallowitch]

if the bailiff has levied on these cars this has cost you money

send equita a letter recorded delivery asking for a screenshot of your account when your dad gets v5 back send a copy recorded delivery and get the charges for levy removed and you don't want the bailiff removing anything as this will cost you a lot of money

no the cant levy on 10k property for £900 bill (excessive levy )

[AbitConfused]

So are they likely to return tommorow and take the cars? He said he would be back in 24 hours for payment

[hallowitch]

that depends on the baillif they dont realy want to remove enything the object of the excercise for a baillif is to add charges to your account