Bailliff seized company car. Help!

[seanamarts]

No seanamarts,

 

it was a FIVE million pound plane, not 3, (its in the regs that they can't touch a 3 million pound plane for 500 quid debt), it HAS to be 5 million.

 

off to work now - oh dear gotta go thorugh North London again today.

ohhh my mistake, damn I could of cost some one a lot of money there :lol:

[High Court Enforcer]

Wrong advice. Whatda loada cobblers.... This could be challenged in the court as an 'excessive levy'. Challenged one myself this way and won. 5 million pound plane for 500 quid. Dream on son.

 

Whilst i'm on it HCE you also say that the bailiff is there for goods not money. Again, knowing a few bailiffs they would all disagree, taking goods is the last option, taking cash is far easier, quicker, and cost effective. You're telling me you would rather load and unload vans all day or take a wad of notes. Bit of a no brainer really isn't it.

 

Lastly, you may want to remove yourself from 192.com, as your home address is listed on there, if you search through occupation, 'certificated bailiffs', strangely enough, all the bailiffs are listed.

 

Listen carefully Danboy, I shall say this slowly for you...

 

1) If the ONLY ASSET AVAILABLE available is a £5M plane then this IS NOT considered as excessive levy.

 

2) Bailiffs ARE SENT FOR GOODS not money. However, commonsense dictates that this is a last resort and every bailiff would rather get paid than remove anything.

 

3) Pop in for a cup of tea when you're passing.

 

[hallowitch]

This thread is about a parking tickets

bailiffs collecting parking tickets are there to collect payment or to levy goods the levy gives the debtor 5 days to make payment or an arrangement to pay if the payment agreement is broken or no payment are made then goods previously levied can be removed and sold at auction

just as a bailiff cant under levy in this situation neither can he excessively levy

[gezwee]

This thread is about a parking tickets

bailiffs collecting parking tickets are there to collect payment or to levy goods the levy gives the debtor 5 days to make payment or an arrangement to pay if the payment agreement is broken or no payment are made then goods previously levied can be removed and sold at auction

just as a bailiff cant under levy in this situation neither can he excessively levy

 

Thats always been my understanding too, I remain very suspicious of the bailiff involved in this one as he appears to misrepresent as previously visited to enable an immediate levy of the car.

[twonames]

You obviously Dont follow what is set out by the National Standards for Enforcement Agents. It clearly states;

 

"Enforcement agents should take all reasonable steps to satisfy themselves that the value of the goods impounded in satisfaction of the judgement is proportional to the value of the debt and charges owed. "

 

I doubt the OP had an old banger for a company car, but I am sure he will clear this up when he returns to post.

And as for a bailiff taken a 3 million pound plane, thats just verging on the insanity, I could make a joke about that but I will hold back...

 

 

 

levying two planes would be excessive:)

[seanamarts]

levying two planes would be excessive:)

hmm yes that would certainly make the bailiff certifiable, and I dont mean with the courts either

[danboy381]

Yawn.. High school, with the sort of cash you are raking in I would have thought you would have a bigger house by now.

 

anyway, you quote utter made-up-on-the-day-tosh, but then that's how you get by isn't - on a wing and a prayer

 

You really think levying on a plane valued at 5 mill for a 500 quid debt would be backed by a court?

 

No, don't answer that one, ignore it like the rest of the posts you choose to ignore when you have no reasonable answer.

 

You are paper thin, as is your advice.

[High Court Enforcer]

Yawn.. High school, with the sort of cash you are raking in I would have thought you would have a bigger house by now.

 

You really think I live in North London.... How's CM6?

 

anyway, you quote utter made-up-on-the-day-tosh, but then that's how you get by isn't - on a wing and a prayer

 

Of course Danboy

 

You really think levying on a plane valued at 5 mill for a 500 quid debt would be backed by a court?

 

Yes, if it's the ONLY ASSET available!

 

No, don't answer that one, ignore it like the rest of the posts you choose to ignore when you have no reasonable answer.

 

Yawn

 

You are paper thin, as is your advice.

 

Yes, Danboy...

 

 

Caggers, please ignore the ramblings of this edit and concentrate on the facts of the matter in this case.

Edited January 16, 2010 by IdaInFife
removed personal insult

[twonames]

So by Danboys take on things, you can drive a ferrari around, get parking tickets and get away with it because your car is to expensive.

[seanamarts]

So by Danboys take on things, you can drive a ferrari around, get parking tickets and get away with it because your car is to expensive.

He was trying to make a point that taking something that is of far more value than the debt is classed as an excessive levy, nothing was mentioned to the fact that if you drive an expensive car that you get away with parking illegal.

And as far as the 5m plane being taken if there are no other assets I highly doubt that this would happen because if you have this sort of money in the first place you would have no trouble in paying the debt.

I think we need to stick to the reality here and not live in a world of dragons and witches.. no offence hallowitch;-)

[twonames]

He was trying to make a point that taking something that is of far more value than the debt is classed as an excessive levy, nothing was mentioned to the fact that if you drive an expensive car that you get away with parking illegal.

And as far as the 5m plane being taken if there are no other assets I highly doubt that this would happen because if you have this sort of money in the first place you would have no trouble in paying the debt.

I think we need to stick to the reality here and not live in a world of dragons and witches.. no offence hallowitch;-)

 

 

The fact is, if someone cannot pay or are unwilling to pay for a fine ect, if a warrant is to be enforced and the only goods of value so happen to be a ferrari for arguements sake, then it is not an excessive levy as the ferrari is the only goods that could be levied, the outcome being the car would go to aution and the difference after debt has been paid would be passed to the debtor/ customer.

 

My point earlier being is,if you cannot seize something because it is out of proportion to the debt, then driving a ferrari would make you immune to parking fines, as the cars value far exceeds the parking fine.

 

If you where to seize a plasma tv and a car and an expensive piece of artwork, then this would be excessive as the plasma tv alone may have covered the debt

[hallowitch]

I think we need to stick to the reality here and not live in a world of dragons and witches.. no offence hallowitch

no offence taken but could you make it dragons and goblins next time we know they don't exist :lol::lol:

[welsh1]

FYI, if the only asset available is an aeroplane worth £5M then the bailiff could seize that for a £500 .

 

 

I found this difference of opinions very interesting and decided to see if i could find a definitive answer,i wish i never started:(

I found out very quickly there was a case Field v Mitchell[1806].Then the fun started,it has taken me ages to find the case,and i have had to copy it from archive records.

On reading it it seems to back up what HCE is saying,that if it is the only asset,then it can be seized.I think the first two lines say it all,but i have shown the whole case out of interest.

Here is the case.I'm putting the kettle on for a cup of tea,anyone fancy a cuppa:D

 

 

 

[High Court Enforcer]

Thank you Welsh1.

[seanamarts]

Thank you Welsh1.

no one was disputing a levy is excessive if there are no other goods that can be seized, it was your exaggerated example, and as Hallowitch has already stated "This thread is about a parking ticket,

bailiffs collecting parking tickets are there to collect payment or to levy goods the levy gives the debtor 5 days to make payment or an arrangement to pay if the payment agreement is broken or no payment are made then goods previously levied can be removed and sold at auction

just as a bailiff cant under levy in this situation neither can he excessively levy"

[twonames]

no one was disputing a levy is excessive if there are no other goods that can be seized, it was your exaggerated example, and as Hallowitch has already stated "This thread is about a parking ticket,

bailiffs collecting parking tickets are there to collect payment or to levy goods the levy gives the debtor 5 days to make payment or an arrangement to pay if the payment agreement is broken or no payment are made then goods previously levied can be removed and sold at auction

just as a bailiff cant under levy in this situation neither can he excessively levy"

 

 

but you are confused with the term excessive levy, since when does a levy give someone 5 days to pay?

[seanamarts]

but you are confused with the term excessive levy, since when does a levy give someone 5 days to pay?

Nah Im not the one confused here try reading what I wrote again!!!

[danboy381]

Lol... whatever vehicle you drive you should NEVER pay a ticket, there are too many ways NOT to pay and all entirely LEGAL.

 

Hce, you may want to use: www.torproject.org

 

This handy gizmo will secure anonominity online, it will prevent someone using a command prompt on you, the whois nick_name, or indeed the netstat command or similar. There are several ways to do it. I have detailed files.

Edited January 15, 2010 by danboy381

[hallowitch]

NOTICE OF SEIZURE OF GOODS & INVENTORY

 

 

AND FURTHER TAKE NOTICE THAT unless the said sum is paid together with expenses of this Distress within FIVE DAYS from the date hereof they will be sold according to law

[twonames]

NOTICE OF SEIZURE OF GOODS & INVENTORY

 

 

AND FURTHER TAKE NOTICE THAT unless the said sum is paid together with expenses of this Distress within FIVE DAYS from the date hereof they will be sold according to law

 

 

I stand corrected you are quite right,

 

I was looking at it from more a laymans point of view,

 

Your car has been levied you have five days to pay then auction.

[gezwee]

Not sure if much of this is helping the OP

 

Think we should return to the issue of charges levied and whether they would be in any way considered proportionate.

 

Is it conceivably correct to levy a vehicle on first visit?

 

Is it correct that a levy can be altered/amended at first visit to enable a possible disposal of vehicle?

 

Has the Bailiff acted correctly are the charges open to challenge?

 

There is I presume recourse for the OP if the HCEO actions are flawed and this is the route we should be assisting with

 

I know a lot of people find HCE's views unpalatable (me included with some posts) but I think as a community spirited forum we should remember that life experiences imbed our views of others (both sides of the fence) and can stop us looking at practical advice or pointers which could be included within his and others posts.

 

 

If HCE doesnt mind taking another look perhaps he can offer some guidance on taking the Bailiff to task with regard to the fees.

 

Gez

[seanamarts]

I stand corrected you are quite right,

 

I was looking at it from more a laymans point of view,

[seanamarts]

Not sure if much of this is helping the OP

 

Think we should return to the issue of charges levied and whether they would be in any way considered proportionate.

 

Is it conceivably correct to levy a vehicle on first visit?

 

Is it correct that a levy can be altered/amended at first visit to enable a possible disposal of vehicle?

 

Has the Bailiff acted correctly are the charges open to challenge?

 

There is I presume recourse for the OP if the HCEO actions are flawed and this is the route we should be assisting with

 

I know a lot of people find HCE's views unpalatable (me included with some posts) but I think as a community spirited forum we should remember that life experiences imbed our views of others (both sides of the fence) and can stop us looking at practical advice or pointers which could be included within his and others posts.

 

 

If HCE doesnt mind taking another look perhaps he can offer some guidance on taking the Bailiff to task with regard to the fees.

 

Gez

some times we have to flatten a few trees to see the woods, if you get my drift.

[gezwee]

some times we have to flatten a few trees to see the woods, if you get my drift.

 

Hehe....... don't worry, I've chopped a few down on here before - and been summarily Cagbooooooooted for a few transgressions in piling the firewood

 

I'm open to any pointers offered, I know some are downright ludicrous and clearly come from a position of the belief that they are correct but........ sometimes within a post you find a point where law appears to be on your side and by digging a little deeper will work it to your favour.

 

Gez

[High Court Enforcer]

If HCE doesnt mind taking another look perhaps he can offer some guidance on taking the Bailiff to task with regard to the fees. Gez

 

My knowledge of fees in parking is from many years ago and it would appear others are more uptodate than me on this. I can give guidance (which I already have on earlier posts in this thread) but you'd be better asking someone else on this one...