Baliff levied my car, can he take it away?

[Worriedinbfd]

Hello all, this is my first post so please excuse any mistakes I may make.

 

A baliff called a few weeks ago and levied my car, saying that he will take it away if my account is not settled, I initially started making the agreed payments but have recently become unemployed.

 

Although I have informed them of the situation I am worried that now I am unable to make repayments they may take the car.

 

The car is in my name

It is paid for in full

I am a joiner so the car is essential for my trade(carriage of tools, materials etc)

 

My question is can they actually take the car given its necessity(tool of my trade) to my making a living?

 

Any advice will be most welcome.

 

Worriedinbfd.

[seanamarts]

I am afraid to say it but yes they can. For a vehicle to be exempt it has to be solely insured as a work vehicle only.

is this for council tax or a PCN?

[Worriedinbfd]

Hi, Thanks for your quick reply.

 

It's for a council tax bill.

 

I'm concerned because if they do take it away then there is no way i can actually work or make a living, can they effectively (by taking the car) prevent me from making a living?

 

Can I transfer ownership of the vehicle to my other half? If i did this what would the possible outcome be?

[seanamarts]

Once they have levied it you cannot sell, transfer or give it away, however nothing stopping you from hiding it, but shhh I didnt tell you that

However you can try writing to the council with your change of circumstances and ask that they start taking payments from your benefits. Does your wife work by any chance.

Did you let them into the house and do you know what else they levied on, what are the charges so far.

[impecunious]

If the bailiff has already levied on your car, you can't transfer ownership.

 

Perhaps another way round this is to talk to your car insurers, and change insurance to "business only" - just a thought.

 

Good luck!

 

 

Impecunious!

[seanamarts]

good plan in theory, however he wouldnt be able to use it unless he was working and as he isnt at the moment it would be a pointless task and no doubt would incur a boost on his premiums.

[Worriedinbfd]

The premiums would rise considerably so that isn't an option at this time.

 

I do find it rather odd that they are able to do this as I believe that even a bankruptcy order will exclude a vehicle if it's a 'tool of the trade'?

[impecunious]

If you're unemployed, are you on benefits of any kind? If attachable benefits, the debt might go back to Council and, hopefully, avoid having your vehicle seized.

 

Have you any idea what your van is worth? They can only seize your vehicle (I believe) if there is sufficient value to pay the associated charges and a large chunk of the amount owed in Council Tax.

 

I'd do as advised above and, quite literally, hide your van. You don't want to make the bailiff's job any easier than it already is.

 

The more information you are able to post - the more we might be able to help.

 

Impecunious!

[Worriedinbfd]

Thanks,

 

Both my G/F and i are now unemployed, her for 6 months and me for 1 month. She is claiming benefits and i haven't had the need to make a claim as yet(may be cutting off my nose to spite my face)but i would rather signing on be an extreme last resort.

 

The car is worth not much more than £250 but it does get me to work(when i have some). The debt is £650.

 

I have only just moved in with my other half so any signing on would seriously disrupt the benefits she receives. It is made all the more worse in that between us we have applied for well over 1000 jobs between us so it's not like we're trying to shirk our responsibilities:(.

 

I think that my only recourse would be to hide the car and call the council

[impecunious]

I believe,that as your partner is on benefits and you have no income, that your household may be considered as "vulnerable" and that you can request the debt to revert back to the Council.

 

You can do a search for "vulnerable status" - its included on lots of posting here. (Sorry I can't look myself - still at work.)

 

Impecunious!

[welsh1]

Once they have levied it you cannot sell, transfer or give it away, however nothing stopping you from hiding it, but shhh I didnt tell you that

However you can try writing to the council with your change of circumstances and ask that they start taking payments from your benefits. Does your wife work by any chance.

Did you let them into the house and do you know what else they levied on, what are the charges so far.

 

Except a thing called pound breach,i would have thought the op would have signed a walking possession,it's always worth reading to see what you agreed to when you signed.

[Worriedinbfd]

I've just dug out the Levy.

 

Outstanding £495.56

Levy & Walking possession fees £41/£12

Other Fees £24.50 Sch 5(?) £24.50

Balance £597.56

 

The bailiffs are Jacobs certified bailiffs.

 

I had a letter two days ago with the balance still appearing as £597.56

 

I have made payments totaling £223.00 which should leave me with £374.56

 

I'm now even more confused as to why my balance hasn't changed?

 

As for the charges listed above, I have no idea what they are for.

[seanamarts]

Is the car the only thing that they have levied on?

It would really help what you have been charged for ie fees etc

[Worriedinbfd]

Is the car the only thing that they have levied on?

 

Yes

 

It would really help what you have been charged for ie fees etc

 

The fees/charges i have listed in my last post.

[seanamarts]

I've just dug out the Levy.

 

Outstanding £495.56 this is what you owe the council

Levy & Walking possession fees £41/£12 this the charge they make when doing a levy

Other Fees £24.50 Sch 5(?) £24.50 It seems that most bailiffs are now charging this,

Balance £597.56

 

The bailiffs are Jacobs certified bailiffs.

 

I had a letter two days ago with the balance still appearing as £597.56

 

I have made payments totaling £223.00 which should leave me with £374.56

 

I'm now even more confused as to why my balance hasn't changed?

 

As for the charges listed above, I have no idea what they are for.

def8nantly get on to the council and find out whether they have received any payments from them to cover your account

[Worriedinbfd]

Yes

 

 

 

The fees/charges i have listed in my last post.

 

def8nantly get on to the council and find out whether they have received any payments from them to cover your account

 

 

Thanks, I'll do that first thing in the morning and will update after.

[seanamarts]

Yes

 

 

 

The fees/charges i have listed in my last post.

I doubt very much if they take your car because it wouldnt cover the debt, their fees , removal cost and auction costs

[Worriedinbfd]

I doubt very much if they take your car because it wouldnt cover the debt, their fees , removal cost and auction costs

 

The only other things i own are my tools, surely they would leave these?

[seanamarts]

The only other things i own are my tools, surely they would leave these?

tools are definitely exempt

[Worriedinbfd]

I doubt very much if they take your car because it wouldnt cover the debt, their fees , removal cost and auction costs

 

tools are definitely exempt

 

That's a relief!

 

As you may be able to tell, I'm very wet behind the ears with this sort of thing, so the advice received is most appreciated, even if it may be hard to give from my information.

 

Thanks again!

[seanamarts]

just dont let this slide though, you must get in touch with the council, make sure you ask for some one in benefits and revenues and preferably the manager.

[RaeUK]

hi Worried,

 

As already mentioned, provided your partner is getting Income Based JSA and you have no income - nor a few gold ingots under the mattress - than your household should be seen as vulnerable:

 

Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

 

Those who might be considered vulnerable include the following:

the elderly;

people with a disability;

the seriously ill;

the recently bereaved;

single parent families;

pregnant women;

unemployed people; and,

those who have obvious difficulty in understanding, speaking or reading English.

 

I would investigate further the pros and cons of applying for JSA yourself. Especially as JSA is an attachable benefit. There is a very good benefits forum on this site:

 

Benefits, Tax Credits and Minimum Wage - The Consumer Forums

 

Again, to underline what has already been said, if your car has a realistic private sale valuation of £250 then it will achieve less than a £100 at auction and will not cover the bailiff and auction fees let alone any of the debt. This means that the levy is unrealistic and done purely to inconvenience you. Make this clear to the council and that the car is required to seek work. The council should look disapprovingly on this levy.

 

You are better off emailing the council and sending a copy of the letter to the council using signed for.

 

Best wishes

Rae

[devontae2]

Once they have levied it you cannot sell, transfer or give it away, however nothing stopping you from hiding it, but shhh I didnt tell you that

However you can try writing to the council with your change of circumstances and ask that they start taking payments from your benefits. Does your wife work by any chance.

Did you let them into the house and do you know what else they levied on, what are the charges so far.

 

Damn I certainly did not know that!!! What kind of trouble can you get into then for selling a levied car? I had a problem with bailiffs last year who clamped my car and started demanding huge amounts on top, pleaded with him twice over the phone and everytime he kept raising the bill from (initially £122) to £495 then to nearly £700 if I did not give him the money by the end of the day. See (www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/235089-bailiff-overcharging.html). It was cheaper for me to get an angle grinder so I bought one in the end, Cut the clamp off and have since sold the vehicle. Called the bailiff and told him I did not know who removed the clamp I just came to the car and it was not there and as I had called him that morning so he can give me more time I thought he had taken it off. I told him point blank that I had now hidden the vehicle and gave him the initial £122 that I owed + £28 that he could legally charge and told him that was all he was getting off me. Up to now still at the same address no other visits as no letters through the door.

Edited July 1, 2010 by devontae2

[seanamarts]

If the car is ever spotted it will be clamped or worse taken away, in theory the car belongs to the authorities until the debt has been cleared or the car is taken for auction. To be honest with you i dont know how you would stand, or what the bailiffs will do.