Please help - Bailiff has impounded my car!

[darkangeldax]

A bailiff called this morning and as I didnt answer the door he has impounded my car, and if I dont pay withing 5 days he will be back to collect it. It is in relation to a liabilty order for council tax for the current year.

The order is for this years council tax, and they have issued a liability on the whole years council tax, however due to other debts, I will have to leave my home at the end of the month, so can they still enforce and order for council tax, even though I am moving out?

Edited September 20, 2011 by darkangeldax

[tomtubby]

The Liability Order is claculated as the entire amount due for the council tax year which expires at the end of March 2012. If you move from your premises, the local authority will amend the LO to reflect the date that you ceased to occupy the property.

 

Many bailiffs are now clamping and indeed removing and SELLING car for unpaid council tax. This is a COMMON scenario.

 

In the eyes of the law, the car is now in the custody of the bailiff and will be released back to you on receipt of full payment.

 

You CANNOT take the clamp off and remove the car.

 

How old is the car and is it on finance?

[nchoughton]

When you say impounded your car have they put a clamp on it? Can you drive it away? I know nothing about law or rights ect but Did you sign any thing or has he just put down he'll take your car and posted a letter?

 

If it was me i would move the car also ring the council and give them your moving date as I dont think they can charge you a year if you havnt or arnt going to live there a year but again I dont know much about rights just that I had to pay two years council tax altho I only lived on my own a year (6 months at two addresses) before going back to parents

And not informing them I moved.

 

Long story cut short 1st 6 months I lived with my brother his only bill was council tax he never paid it and as my name was at top of tenency I got collard he hadnt even registerd us at that address

 

2nd 6 months I moved in on my own registerd for ct and the recesion just kicked in and my wages halved due to lack of work and couldnt afford it so moved home at end of short hold tennency not telling council as I owed money.

 

Sorry for going on but tell them in writing keeping a copy for your records that your moving so ask them to recalculate what you owe and ask them to recall the debt and see where you get also send letter via recorded delivery

 

What dca is chasing you and if you can move your car

[nchoughton]

edited

Edited September 20, 2011 by nchoughton

[darkangeldax]

The bailiff hasnt actually clamped the car - he has just pushed a note through the door to say he will be back in 5 days if I dont pay the bill in full. The car is actually declared off road at the moment, and not taxed or anything, but is probably worth about the same as the debt... Should I try and negotaite with the bailiff or go to the council... Im going to lose my job at the end of the month so I cant offer any big payments and I think the bailiff has the upper hand now so I really dont know what to do.. The car is 6 years old, and is not on HP or anything ...

Edited September 20, 2011 by darkangeldax

[darkangeldax]

Thank you!

Edited September 20, 2011 by darkangeldax

[wonkeydonkey]

If he has not left you a notice of seizure listing the car, then yes you can sell it, you will need to send the V5 to DVLA same day, you will also need copy of a receipt for the "buyer", a silly price would be seen exactly for what it is....sold to avoid seizure.

 

WD

[tomtubby]

PLEASE

 

Do NOT provide TOO much information on posts as bailiff companies routinely view posts here on CAg every day. It would be VERY easy for this small bailiff companu to identify you.

 

You can EDIT posts....

[nchoughton]

What car is it? You say it has no mot or tax? They wouldnt value it at much as it could need 500 pound of work and then taxing so lets say 700 to get it back on the road I would pay a few hundred to buy it not knowing what car it is so personally if you sold it for say 4-500 & say you sold it due to loosing your job and rent and utilities were paid out of the proceeds then I personally wouldnt see a problem but like I said I dont know im sure some one will know?

[darkangeldax]

I was going to sell it last week anyway as Im about to be made homeless, plus Im losing my job so I need every penny I can get...

[ploddertom]

How much is the Liability Order for?

 

PT

[LawdyLawd]

It is a criminal offence and you can have them imprisoned for it, even the Court Magistrate or their legal representatives!

Pursuant to UDHR Article 17, subsection 2 can no authority or any entity take your property, it must be abitrarily given (read UDHR 17 and that by law supersedes all other legislations under common laws). Tell them you want full culpable signature on any and all documents and under prenalty of perjury as to why they believe they can unlawfully take your property.

No one can ever take your property, it must be arbitrarily given, so don't let them, make it unlawful. See any decent legal rep and they will make sure it is not taken or enlighten them to the facts I am stating. Remind the court that they require either an inchoate instrument pursuant to Section 20 of the Bills Of Exchange Act so they can act as the holder in due course or supersede the Contracts (Rights of Third Party's) Act 1999, notably section 6 with UDHR Article 1 and the matter is settled in full without further prejudice, recourse or notice. Remind them that if they do not agree to this they are violating your Convention Rights (to which all primary and subordinate legislation must be read and given effect) and you have a valid law defence and can claim restitution for unlawful malfeasance. By law, no one at all can take your property, EVER! I would expect them to then accept that offer or, asthey seem to like to do, send some instrument in return giving you no lawful equitable resolution pursuant to UDHR Article 1.

 

Regards

Edited September 20, 2011 by LawdyLawd

[darkangeldax]

The order is around £3k..

[LawdyLawd]

Doesn't matter the value really, I have nefarious individuals (my banks lawyers) trying to get Inchoate Instruments from me outside of the good faith principles of contract law against my intangible property and juristic person and all the other tricks of getting a power of attorney over an individual's property I have come to expect. If I received said value and agreed in writing then the discharge non est factum, a holder in due course can do that for me as thats their job and what each party wants.

Just read article 17 and ask why the Bailiffs/Courts/Judge, whomever you have to deal with believe they can take your property because they are not allowed to lawfully no matter the reason given in defence.

Same applied to your and every mortgage in the country too, just make sure you have th document witnessed, retain a copy (allonge) and send it recorded delivery so you can evidence it in a court of law if need be.

 

Search for UDHR on UN website and read article 17 subsection 2.

[ploddertom]

The order is around £3k..

 

Do you know how many Liability Orders they have and the value of each one?

 

PT

[darkangeldax]

just the one order - this curret one which they have acted on....

[brassnecked]

You could tell the council that you will be vacating the premises on say 30th September, and that you will no longer be responsible for the council tax on your current address so could they please recalculate the bill, as it will be significantly less than the liability order they have obtained against you. When you have moved contact and tell them that you want your account updated and the bill amended to remove the remainintg 6 months of liability they have registered for you at the property, This may be worth a try, if the LO is just for this year.

[darkangeldax]

Can the council just change the liability order and if they just reduce it, will the bailiff still come and take my car? I dont have any money at the moment at all, so i couldnt possibly pay off by five days.. im really panicing now..Also, I have been paying the council weekly through their website against this order as I offered them a payment plan and they refused it but i have been paying what i can afford but they havent taken these payments into account against the value the bailiff is chasing.. Im also gpoing to be unemployed in a week - does this help?

[brassnecked]

Once you have signed on for JSA you may well be vulnerable and the council should recall the case and apply for an attachment to benefits, I would contact the council and in view of the payments you have made ask for an updated balance and inform them you are signing on on such a date, after which you may well be classed as vulnerable and the bailiff should then be called off. It's worth a try, others will know more.

[ploddertom]

just the one order - this curret one which they have acted on....

 

£3k sounds an awful lot for 1 LO. Have you actually checked with the Council?

 

PT

[darkangeldax]

the order is for the current year, so its worked up until 2012... as im leaving the area next month once i lose my job i wont be here for the remaining months so i think it needs reclalculating.. i have asked the council to do this but no response as yet..

does anyone know why they didnt clamp it? will they sell it at auction or hold the car to ransom?

[darkangeldax]

i forgot to say that my mum is actually owner of the car, but I am the registered keeper.. I dont have any proof of this though, as my mum just gave me a cheque for the car..

[ploddertom]

the order is for the current year, so its worked up until 2012... as im leaving the area next month once i lose my job i wont be here for the remaining months so i think it needs reclalculating.. i have asked the council to do this but no response as yet..

does anyone know why they didnt clamp it? Yes he wants the money, if you owe £3k then he needs to seize goods to the value of £30k - is the car worth this much? will they sell it at auction or hold the car to ransom?

 

To have a LO for £3k for 1 year says to me you must be living in a castle, this is why I asked how many LO's there are. Until we can establish this it is difficult to advise. You must ring the Council soonest and ask:

1 - how many LO's there are

2 - how much each one is for

3 - what periods of time each covers

4 - how much is still outstanding on each

5 - the dates they were obtained

6 - the dates they were passed to the Bailiff

 

Reasons being I live in a very desirable & expensive area but top CT Bill is no where near this.

 

PT

[ploddertom]

i forgot to say that my mum is actually owner of the car, but I am the registered keeper.. I dont have any proof of this though, as my mum just gave me a cheque for the car..

 

In that case she must complete a Statutory Declaration as to its ownership.

 

PT

[seanamarts]

3K for one LO?? I find that very hard to believe. I suggest you do as PT has asked and get in contact with the council's revenues and benefits dept. I would also explain to them that you will be out of a job and homeless by the end of the month.