can bailiff take car on hp finance

[Bartok]

Purchaser is a person buying the car on finance.

 

1. no

2. not sure because I dont really understand what you are trying to say.

[Thegreenpimpernel]

So really that's:

 

1)no

2)Yes -I'm talking crap!.

 

To clarify, If the purchaser Mr 'Y' and the owner Mr 'X'(who is hiring the car to the purchaser) have a contract that basically says:

 

Mr 'Y' pays Mr 'X' 60 installments of £XX then after a final payment of £XX Mr 'Y' owns the car.

 

That's a contract between two entities. Mr 'x' and Mr 'y'.

 

The bailiff is Mr 'Z'.

 

Mr 'X' and Mr 'Z' bailiff can conduct any transaction they wish.

 

I don't see how it has any bearing on the contract between Mr 'X' And Mr 'Y', so when Mr 'y' makes final payment he is owed a car as per the contract.

 

I am fluent in crap.

[Bartok]

That's a contract between two entities. Mr 'x' and Mr 'y'.

 

The bailiff is Mr 'Z'.

 

Mr 'X' and Mr 'Z' bailiff can conduct any transaction they wish.

 

Yes - but is Mr X decuides to breach his contract with Mr Y then Mr X will attract liability for damages under Hadley v Baxendale (1854) 9 Exch 341

[Thegreenpimpernel]

So surely if your HP company agreed to transfer ownership to the bailiff, because he (the bailiff) pays the final payments, the HP company could be sued by the purchaser (as the person named in the contract)?

[Bartok]

Yes, because the HP company is now in breach of contract with the purchaser. The pruchaser has a right to sue for damages.

[ploddertom]

 

To clarify, If the purchaser Mr 'Y' and the owner Mr 'X'(who is hiring the car to the purchaser) have a contract that basically says:

 

Mr 'Y' pays Mr 'X' 60 installments of £XX then after a final payment of £XX Mr 'Y' owns the car.

 

Ah, but until last payment who owns the car?

 

That's a contract between two entities. Mr 'x' and Mr 'y'.

 

The bailiff is Mr 'Z'.

 

Mr 'X' and Mr 'Z' bailiff can conduct any transaction they wish.

 

Mr Z comes along and clamps/removes said vehicle as there was maybe outstanding tickets on it or levied for outstanding CT. Mr Y proves it is on HP but Mr Z rings Mr X and asks what is outstanding & given permission to sell.

 

I don't see how it has any bearing on the contract between Mr 'X' And Mr 'Y', so when Mr 'y' makes final payment he is owed a car as per the contract.

 

I am fluent in crap.

 

Makes 2 of us

 

 

I'm not taking sides just seeing things as have happened here in the past, I believe our friend HCE has used this before and would welcome a contribution by him/her. Not a common scenario I know but could happen.

 

PT

[ploddertom]

 

I am fluent in crap.

 

 

Should that not be effluent

 

PT

[Thegreenpimpernel]

PT: "Ah, but until last payment who owns the car?"

 

Mr 'X'!

 

But he's contracted to sell it to Mr 'Y'!

 

I think we need a ruling from someone with a PHD in mind bending twoddle.

 

Sparky321 must be really chuffed he came here for some definitive advice, glad we could clarify that for you.

[Bartok]

I don't see how it has any bearing on the contract between Mr 'X' And Mr 'Y', so when Mr 'y' makes final payment he is owed a car as per the contract.

 

It assumes Mr Y makes final payment when the bailiff has levied on the car.

 

Mr 'Y' pays Mr 'X' 60 installments of £XX then after a final payment of £XX Mr 'Y' owns the car.

 

Ah, but until last payment who owns the car?

 

That's a contract between two entities. Mr 'x' and Mr 'y'.

 

If the bailiff siezes the car while money is still owing then the levy is not valid.

 

If the purchaser THEN makes the final payment, then the levy becomes valid.

 

If the bailiff pays the final payment to the finance company to validate the levy, AND the finance company THEN gives the car to bailiff, then the finance company is now in breach of contract with the purchaser.

 

This is becasuse the terms of any regulated credit agreement specifies each amounts payable and the date it should be made and the goods transfer to the purchaser on the date of the final payment. If the finance company fails to keep to those terms then he is in breach of contract and the other party can sue for damages under common law.

[sparky321]

ok, hello everyone, thanks so much for all your advice, im not sure i understand some of it but iv had a good go lol, well today i contacted the court associated with the bailiff company, he advised me that the bailiff (JBW) are not connected to the court and have indeed acted unlawfully, i was shocked to hear him give me so much advice, he gave me a number to call for the community legal services, i called them and was then passed to another legal advisor, she was great, she confirmed what Tomtubby had said (above post) and is sending me all the relevent legal documents which states that the bailiff CANNOT take my car as its on HP, she said it was unlawful, she also stated that the charges of £395.04 was obsurd and the only cost i should be liable was for a letter which was sent to me by the bailiff, this cost is ...wait for it....£11.20...oh my gtod, how awful to think i was gonna pay so much, she said i should not pay a penny until they amend the cost to the amount it was at the time of being passed to them plus the cost of one letter, it seems these con artists would have got away with it if it wasnt for the wonderful help on here which prompted me to contact the right people, thankyou thankyou thankyou, im now waiting to recieve all the paperwork from this legal advisor and have written a letter and have also got a copy of my finance agreement to send to them as proof of HP...I tried contacting the local authority again today and they were not interested, they said theres nothing they can do as its with the bailiff now, talk about pass the buck, I even told them that the bailiff company they use is acting unlawfully but he said I f I feel this has happened then i need to write the information to them and they MAY look into it, jeeez....il let you all know the outcome once i hear from the bailiff, in the meantime thanks again to you all, how wonderful to have such kind people taking the time to help thanx x

[Thegreenpimpernel]

Mr 'Z' will be unhappy.

[sparky321]

ps...to clear up the hp dispute between people on here, i still have approx 2 years left on my hp agreement, my finance company has advised me also that the bailiff cannot remove my car as it is still their property, not sure i understand the dissagreement that has gone on with my problem here but hope that helps

[sparky321]

oh just saw something else, thought id clarify that i am a lady not man so mr is mrs hehe, not being funny but noticed i was being referred to as mr lol

[ploddertom]

the only cost i should be liable was for a letter which was sent to me by the bailiff, this cost is ...wait for it....£11.20...

 

Plus VAT = £13-16

 

PT

[ploddertom]

The thing to be wary of is that whilst you do all this and get sorted the bailiff may indeed appear and start adding fees. Time is of the essence.

 

PT

[Thegreenpimpernel]

The disagreement was just a technical argument to clear up the conflicting advice from TT - which ties in with basic legal analysis i.e. it's not yours they can't take it, and the certainty with which some bailiffs argue that they can.

 

Surprise surprise the bailiffs are talking out of their.......

[sparky321]

yea i was worried about that but the legal advisor stated that as long as i send the relevent documents that she is sending me first class then they should not pursue it. the fact that they have unlawfully tried to threaten me with the removal of the car then that should shut them up ( her words) she also said that she has the call recorded so nothing she has said can be refuted if there was any doubt, i feel that as this is coming from a legal goverment rep then the info should be within the uk law system, i hope i can resolve this soon as its causing so msuch stress, i have 3 children at school and only low income from husband who works so hard to pay our bills, we dont have any spare money so this is really difficult to dael with, i hope no one has any more dissagreements on here as i only want help that i can realistically understand and that will actually help me

[sparky321]

ps...i am grateful though, just need clear info that i can understand please

[Thegreenpimpernel]

Clarity: They can't take it on HP.

 

I would stake my own vehicle on that if i were in your shoes.

 

The disagreements are just a double check and learning process for us all, i for one enjoy debating such things.

[hallowitch]

Clarity: They can't take it on HP.

 

I would stake my own vehicle on that if i were in your shoes.

 

The disagreements are just a double check and learning process for us all, i for one enjoy debating such things.

 

 

agree i would stake my hubbys vehicle on that

[sparky321]

awww ok thank guys, i just noticed certain comments on a few posts that seemed a bit unfriendly but i guess as im not a regular debator then maybe im not so clued up on friendly discussions, thanks a big heap though to you all

[sparky321]

update...recieved another letter from JBW this morning which says;

 

We have now obtained an update from DVLA and as a result have instructed our automatic number plate recognition !ANPR) vehicle to attend your area with a view of seizing (levying on) and removing, impounding your vehicle. This notice is not intended to delay the enforcement process. if your vehicle is located at any time either during the posting of this letter or before this letter is recieved then additional charges will be added.

 

oh my god, they obviously havnt bothered checking to see if the car is on HP yet then, I called the DVLA and asked them if anyone could just call and ask for details about my car, he said that they could but they would have to give a good enough explaination as to why they need it and they have to wait till the information is processed and sent, he said they would not give details about the car being on HP either as they dont hold that info....by the way, not sure if it makes a difference but the HP is actually in my husbands name not mine, does this mean they are stealing the car from my husband as he is the one paying for it, the car is registered in my name but my husband has the ownership on the HP agreement., i remembered that this morning. im still waiting to recieve the info from the legal services so i hope they dont turn up and take the car today. Anyone got any idea whether i should call them, sounds silly but im worried about calling, sitting here shaking right now

[HadEnough]

If they turn up, go outside, through a door they can't see if poss, lock it behind you, lock ALL doors and windows. Show them the HP agreement, get someone to video you or video on your own phone, point out that the cars not in your name on hp agreement and that it's not been paid for therefore they can't touch it:D. If they take it anyway or even clamp it, phone the police and insist that they are acting illegally, I'd also video this if poss

Just don't let them in!!

Edited June 11, 2010 by HadEnough
typo

[sparky321]

thanks hadenough, your name says exactly how i feel right now had enough, i cant believe how these people get away with it, thanks so much i will do what you said if they turn up, i hope they dont though

[sparky321]

spoke to the legal advisor again today, said to try the local authority again as they need to know that their bailiff is being unlawful, they refused to let me speak to a manager for god sake, said i had to send a letter or e-mail, so i have still no response though, what a surprise !!