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My friends husband took a loan with 'black horse financing ' to buy a car . Well he defaulted on the loan and the car was returned but there is several thousand pounds charges still owed He has been sent many letters about it but totally ignores them. My friend has just found out about this- he had told her returning the car settled the matter. So now the company is threatening bailiffs. I've told her not to let them in, but she has two mentally ill teenagers and shes afraid the girl -a severe autistic will open the door to them and they will just come in and seize property. If strangers do enter the house her daughter will be terrified and run away- thats what she does when she is scared. My friend phoned the finance people but since she never signed any agreement with them they wont discus it with her. She sent them a letter offering to pay a small amount each week and the effect strangers in the house will have on her children- they didn't reply So It doesn't seem fair he took the loan but the bailiffs will take any joint properyt to settle HIS debt and the effect on her kids will be devastating. My friend wants to 'sell' everything to me so the bailiffs cant take it- I'd do it but is that legal and if so how would we go about it

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The Company may well threaten Bailiffs but until they have a Court Order (usually a CCJ) they can do nothing but make threats. It may well pay for them to find out how much they borrowed - they should have the paperwork for this, how long they paid before defaulting, how much the car was sold for etc etc.

 

If they are going to go for a CCJ then they will have to send out paperwork that needs filling in whereby they can admit & file a defence/counterclaim/make offer of payment. Whatever happens do not just file the papers or they will be found "guilty" and no doubt Bailiffs/High Court Enforcement Officers will be involved with the added costs they come with.

 

The family will most certainly be classed as "vulnerable" and any Enforcement officer worth his salt should withdraw - but many don't and press ahead regardless. Until something actually happens it is hard to say what may happen.

 

Hope this helps a bit - you may be in the wrong forum.

 

PT

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So It doesn't seem fair he took the loan but the bailiffs will take any joint properyt to settle HIS debt and the effect on her kids will be devastating.

 

They can only seize the goods of the debtor

 

My friend wants to 'sell' everything to me so the bailiffs cant take it- I'd do it but is that legal and if so how would we go about it

 

Nothing to stop that being done, can be done at anytime but don't think it worth it. If it ever gets that far the best defence is to keep doors and windows locked.

 

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Firstly, I will second everything Plod has said in is reply.

 

My friends husband took a loan with 'black horse financing ' to buy a car . Well he defaulted on the loan and the car was returned but there is several thousand pounds charges still owed He has been sent many letters about it but totally ignores them. My friend has just found out about this- he had told her returning the car settled the matter.

 

Not quite true, he could be still liable for the remaining balance, even if the loan is not secured on the car.

 

You mention about 'several thousand pounds Charges' this probably wont stand in court if the lender chooses the route of applying for a CJ. If he fails to attend the hearing then a CCJ will be given. Defend it, its a nice easy one because the lender has to show sales receipts provng his actual provable costs giving rise to those charges.

 

So now the company is threatening bailiffs. I've told her not to let them in,

 

Unless a court order exists then making such a threat commits an offence and you have a right to make a complaint to police: Section 40 of the Administration of Justice Act 1970 and Section 2 of the Fraud Act 2006 and Section 1/2 of the Protection from Harassment Act 1997 http://www.legislation.gov.uk/ukpga/1997/40/section/2

 

but she has two mentally ill teenagers and shes afraid the girl -a severe autistic will open the door to them and they will just come in and seize property. If strangers do enter the house her daughter will be terrified and run away- thats what she does when she is scared.

 

You may be classed a vulnerable person for the purposes of civil enforcement.http://www.dca.gov.uk/enforcement/agents02.htm#part10 If you need help from a professional body in dealing with bailiffs then Z2K might be able to help. http://www.z2k.org/supporting-vulnerable-households

 

My friend phoned the finance people but since she never signed any agreement with them they wont discus it with her. She sent them a letter offering to pay a small amount each week and the effect strangers in the house will have on her children- they didn't reply So It doesn't seem fair he took the loan but the bailiffs will take any joint properyt to settle HIS debt and the effect on her kids will be devastating. My friend wants to 'sell' everything to me so the bailiffs cant take it- I'd do it but is that legal and if so how would we go about it

 

You can write a Bill of Sale on your goods, but bailiffs cannot charge a registered property or land that is held as Joint Tenants, the lender must first, make an application for a charging order. It is a criminal offence to pretend that a charging order exists when it doesnt.

 

If you have reason to believe no such loan exists then you can ask the creditor to stop processing your data on the grounds it is causing you undue distress or harm. http://www.legislation.gov.uk/ukpga/1998/29/section/10 A simple one-line letter asking them to destroy all your data they hold and quote "Section 10 of the Data Protection Act 1998" at the top of your letter.

Professional property investor and conveyancer

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What my friend is worried about is that if its taken to court he wont tell her! And being what he is I doubt if he will go- thats what he does ignores things no matter how serious they are. So if he doesnt go the judgement will be made in the finance companies favour wont it?. As my friend understands it she wont be notified of a court date since its not her loan. And yes they can take things that are hers- it would be regarded as joint hers and his and up for grabs. I dont understand since he is a carer for their son and so his actual income is CA and IS how the company ever gave him a loan. Shes tried CAB and even talked to a lawyer and they all say she has no right to know and yes joint property will be seized. Oh if this is the wrong forum - i thought baliffs so came here- which one should i be on please? This is making my friend ill- the kids are really bad from gentic disorders , her 3rd child actually died from a very rare one- shes got so much to cope with and I want to help her.

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What my friend is worried about is that if its taken to court he wont tell her! And being what he is I doubt if he will go- thats what he does ignores things no matter how serious they are. So if he doesnt go the judgement will be made in the finance companies favour wont it?.

 

I'm sorry to be the bearer of bad news, but yes it usually does, provided an applicaiton is made.

 

As my friend understands it she wont be notified of a court date since its not her loan. And yes they can take things that are hers- it would be regarded as joint hers and his and up for grabs. I dont understand since he is a carer for their son and so his actual income is CA and IS how the company ever gave him a loan.

 

That wont stop the court process but you may be classed a vulnerable person for the purposes of civil enforcement. http://www.dca.gov.uk/enforcement/agents02.htm#part10

 

If you need help from a professional body in dealing with bailiffs then Z2K might be able to help. http://www.z2k.org/supporting-vulnerable-households

 

Shes tried CAB and even talked to a lawyer and they all say she has no right to know and yes joint property will be seized.

 

Under property law they can charge land that is jointly owned. To protect it from a charging order that has not already had an interim order place on it, sever the joint tenancy to Tenants in Common on a Form SEV, then Transfer 99% of the land ona Form TP1 ID1 and AP1 files at your local land registry into the name that is not at risk of a charging order. This leaves the reamining 1% that can be charged, but since that is not enough to pay the secured debt, it just falls off whenever the house is sold. Holding land a Tenants in Common makes is harder to force the sale of the property because the creditor becomes liable for re-house the remaining tenants (co-owners). This manoever is called "bumping off" a charging order.

 

Oh if this is the wrong forum - i thought baliffs so came here- which one should i be on please?

 

Probably not the right forum for asking about property protection. Dont expect to get too much help on this from a high-street lawyer on this subject. Its only a coincidence I am a property speculator/investor and qualified land conveyancer - who is licking his wounds from losing about £1.5M in portfolio capital depreciation last year.

 

This is making my friend ill- the kids are really bad from gentic disorders , her 3rd child actually died from a very rare one- shes got so much to cope with and I want to help her.

 

Consider making an application for a restraining order under Section 3 of the Protection from Harassment Act 1997. http://www.legislation.gov.uk/ukpga/1997/40/contents

Professional property investor and conveyancer

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