can a bailiff take my car on finance

[lucie1973]

i recently had 2 bailiffs at my door for 2 parking fines on my car, they said they had clamped it and that if i did not pay £900 today they would take my car away, i told them that it was on finance, they said it did not matter they could still take it for 7 days while they contacted my finance company for them to agree to the bailiffs selling it, paying of the finance and then taking there money, they said if the finance company did not agree then they would return with police and break into my home and take goods, then they would change the locks and i would have to pick up my new keys from the police station. can anyone tell me if this is true as i stupidly paid £740 to cover one of the fines, they said they will return in a week to settle the other fine which means the whole process again. i have looked on the government website but it does not say anything about cars on finance. please help!!!!!!!!

[paulson1985]

They cannot touch a car that is on finance.

[ambershadow]

No they can't take your car on finance, and I would look into paying that sort of money too it's not right they have defrauded you with their fee's

[lets fight bailiffs]

your fees are very large and would suggest that they are also illegal and the fact that they say they would take your car anyway is a threat, i would have thought that you have paid well over the odds already and would request a full list of costs (a snap shot) and they can not refuse this and if they do advise them you intend on taking legal action against them for fraud.

[lucie1973]

thank you all for your replies, the breakdown i have got on my receipt is:

 

debt to client/inc. court fees £185.00

bailiffs costs £191.99

attendance to remove £290.00

vat on bailiffs costs £ 72.31

[ambershadow]

the fee;s are fraudulant

[danboy381]

Absolute cobblers.

There is no way they can say those fees are legitimate. It is fraud pure and simple. They have also commited VAT fraud

 

Can you post the name of the firm?

 

The only way they can force entry is if they have peacefully been in your property before and have a walking possesion agreement (a list of your goods)

 

I have never heard of bailiffs calling the Police unless there is good reason for a possible breach of the peace. As for changing the locks that is pure scare tactic.

 

ALL A LOAD OF RUBBISH

 

p.s Also see Happy Contrails letter to send the bailiffs regarding their fees on the newlyn thread posted above this thread today

Edited July 21, 2009 by danboy381

[lucie1973]

thank you for your reply, i am new to this so i dont know where to find the letter to send the bailiffs, you said it was above your reply but i could not find it, thanks again

[lets fight bailiffs]

thank you for your reply, i am new to this so i dont know where to find the letter to send the bailiffs, you said it was above your reply but i could not find it, thanks again

 

this is what you are looking for

The Law: Bailiffs fees for collecting unpaid Business Rates

[lucie1973]

thanks for your speedy reply, do the same rules apply for parking fines as the link you gave me was for business rates?

[lets fight bailiffs]

yes the fees are the same you can use that as a giude

 

hope this helps

[hallowitch]

The Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993

 

have a google

[seanamarts]

Bailiffs are now charging VAT on their fees ?!?! Thats a new one on me.. hope they are VAT registered

[seanamarts]

oh forgot to say they cannot clamp or levy on a car that is on lease, hire purchase, Disabled registerd or showing a blue badge or for the use of work purposes ie works vehicle.

[lets fight bailiffs]

Bailiffs are now charging VAT on their fees ?!?! Thats a new one on me.. hope they are VAT registered

 

 

I would have thought this to be correct as they are a company and VAT is based on there turnover having said that it is the debter that will be paying it and i would have thought that VAT can only be charged on the fees not the debt as most debt alreadt has VAT included so on that debt as it stands at the moment you would pay 30% VAT when it should be 15% this needs looking in to in great detail.

[hallowitch]

Re: Bailiffs And Vat

this was posted on the above thread by tomtubby on the 6th 0ctober 2008

 

A bailiff can only charge VAT on his fees when he is collecting certain debts. From September 1994, he is not allowed by law to charge VAT on his enforcement fees when collecting:

 

• Council Tax

• Business Rates

• Magistrates Court Distress Warrants.

• Child Support arrears.

• Income Tax.

 

From September 1998, the bailiff is allowed to charge VAT on his fees for all Road Traffic Debts, unpaid Rent Arrears, Customs & Excise and all other types of distress.

 

I would seriously consider writing to the company to say that unless they can provide details of the relevant statutory to allow them to charge VAT BY RETURN then you will be writing to the VAT office in their area concerning this matter.

[danboy381]

Hi, This is the letter i was on about, which I've copied and pasted below.

 

 

Quote:

Originally Posted by bathy1

so where do i go from here ? dont mind paying the original debt but im not just going to sit back and get robbed!

 

To fix the fee irregularities, send the bailiff the windup letter by post and by email

 

Quote:

The Omnipotent Bailiff Co, Plc

Their Address 1

Their Address 2

Their Address 3

Postcode

 

BY POST AND BY EMAIL

 

DATE

 

Dear Sir/Madam

 

Re: [YOUR NAME + REF]: Your fees.

 

I write following visits by your bailiff however there appears to an irregularity with your fees and I am writing to ask you to provide me the following within seven (7) days:

 

1) The name of the court that issued the certificate for the bailiff in charge

 

2) Written confirmation of a) your fees, and b) the original debt

 

3) The name and address of the organisation that instructed you

 

4) a) Truthfully confirm in writing your fees are lawful and comply with legislation or b) refund me the unlawful fees plus reasonable compensation for being cheated by your certificated bailiff with his fees by midday the seventh day from the date of this letter.

 

A bailiff or any other person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006. Section 2 of the Act specifically describes a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss therefore, if no satisfactory refund is made to me by 12.00 midday seven (7) days from the date of this letter I will automatically file a complaint to police under the 2006 Fraud Act and the Proceeds of Crime Act 2002. If you have charged VAT on unlawful fees then you may be reported for VAT fraud and your documents will be given in evidence. If your bailiff is certificated, a Form 4 will be filed.

 

This letter is delivered by Royal Mail and deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It now is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

 

Yours Sincerely

 

YOUR NAME

[danboy381]

... and btw seanamarts - lots of bailiffs seem to be charging vat these days, and I've caught one already charging vat when they havent been vat registered.

 

scumbags.

[seanamarts]

... and btw seanamarts - lots of bailiffs seem to be charging vat these days, and I've caught one already charging vat when they havent been vat registered.

 

scumbags.

oo bet the vat man would love to have a word with them

[lucie1973]

i have now made a complaint to the council about the bailiffs and about getting my money back as i have done a statutory declaration forms PE2 and PE3.

[tomtubby]

thank you all for your replies, the breakdown i have got on my receipt is:

 

debt to client/inc. court fees £185.00

bailiffs costs £191.99

attendance to remove £290.00

vat on bailiffs costs £ 72.31

 

This is unbelievable!! Marston's bailiffs are more than aware that they CANNOT charge fees such as these and they have had a ruling on the fees that can be charges by the District Judge. They CANNOT charge for clampin a car either.

 

Which local authority does this relate to?

 

In the Sticky section there is a new link to enable the public to search if a bailiff is certificated. I would suggest that you carry out a search.

[lucie1973]

it relates to barnet council, i have done a search on the bailiffs that attended my property and only one is certified, i am in the process of letting the council know as they are now dealing with this as i have filed a complaint about the whole situation

[lucie1973]

the bailiffs are from JBW Enforcements not Marstons

[ambershadow]

the bailiffs are from JBW Enforcements not Marstons

 

 

Oh you have your hands full there then with JBW jesus I have never come across such nasty and ignorant people who do not abide by the law stated b y the councils