Bailiff notice of distress listing a car not owned by debtor.

[dave_1984]

Hi all,

 

Hopefully someone can help. My girlfriend has some out standing debt in form of council tax which has been passed over to Rossendales. Today a bailiff has visited whilst no one was home.

 

A notice of distress had been posted though the door thats lists a car owned by myself in the inventory. What does this mean? can they take the car? what is the best way to go about proving the car doesn't belong to her.

 

She hasn't signed anything so can they take the car or enter our house without our permission.

 

I believe we can pay back the council direct, is it best to contact them to arrange a sum as we can't afford a lot but want to start paying it off.

 

Any help would be appreciated.

Thanks Dave

[Conniff]

Welcome Dave.

 

If you live there then you are jointly liable for the council tax.

[brassnecked]

Do you live at the address with her? as the bailiff will assume joint ownership, are you working or on benefits, this will affect the advice that may be given. Your GF needs to contact the council ASAP to establish what she actually owes, as it will differ possibly considerably from the bailiffs figures,. so first thing tomorrow, she must phone the council back it up with an email asking

How many Liability orders the hold on her

How much are they for

When were they obtained

when were they passed to bailiffs for action.

 

once she knows that, you can post back the figures and Caggers can advise further. If you have proof of ownership, you may be able to convince the bailiff company, that their levy is invalid, but if you are cohabiting that is difficult, as they assume joint liability.

 

Don't worry all is not lost and Caggers are here to help. In facy I'm sure others who know more will be along presently

[dave_1984]

Hi thanks for some fast replies, the council tax bill is an old one from a previous address before we were together its with Manchester Council, we live in Nottinghamshire, our main concern at the moment is that bailiff now can enter our house forcefully. We both work although she is on maternity leave so is on reduced pay hence we can't afford much.

 

Thanks.

[Conniff]

Bailiffs can't enter you house without having first been in. They can enter through an unlock door or window, but cannot break in. If they come while you are at home, don't let them in under any circumstances, not to talk about an arrangement, needs to go for a pee, whatever.

 

I'm sure plodder tom with pick this up tomorrow, he will put you right.

[ploddertom]

As it is for a previous address and also before you got together they can only seize the goods of the debtor - the Bailiff will no doubt argue otherwise. You also state your OH is on maternity leave - how long since the baby was born as there is a very strong possibility that both she and therefore the household could be classed as vulnerable.? He cannot even begin to enter your home by force as he has not gained previous peaceful entry - again he will tell you he can.

 

PT

[bankonthis]

Hi Dave i'm currently in a dispute with a bailiff who has levyed on someone elses property, I know it's stressful but try to remember that they are employing tactics that prey on fear and vunerability, and often have little or no real authority, this last point is key. Have they tried to charge you for attending to remove goods at the same time? If they have then it's very irregular and this is in you favour.

 

I would start to make payments to the council they will always accept payments, and complain to them about whats happened, they might not respond to verbal complaints then put it in writing that the bailiff is trying to levy on others property. This way they might take back the debt obviously the more that you can afford to pay of the original CT bill the better as it completely takes the wind out of bailiffs sails. Also don't make any payment to the bailiff all payments are to go directly to the council it's up to them if they pass it on to the bailiffs but it's highly unlikely that this will happen. If you pay the bailiff then they will cover their 'fees' (usually just fabrications) first and pass on the rest to the council.

 

 

I copied this from a cagger post which sets out quite neatly some important points (thanks to fairplay77):-

 

remember the following:

 

1. Bailiffs cannot enter your home unless you give them permission or unless they find an open door or window. However, once they have entered, they have the 'right' to enter your home again even without your permission. So DON'T LET THEM IN IN THE FIRST PLACE!

 

2. If the council agree to take back the debt that is fine, but even if they don't you can still opt to pay the council instead of the bailiffs (but do not pay by direct debit because the amount taken can be changed without your permission).

 

3. Don't believe anything the bailiffs tell you, especially silly illegal threats about having you committed to prison. There's no way they can do that. In fact they have very little power - they are paper tigers!

 

4. It's very unlikely they will steal your neighbour's car, uness, that is, the bailiff doesn't mind doing a spot of porridge!

 

5.Check the charges they are trying to slap on. They can only charge £24.50 for a first visit and £18 for a second as long as you haven't signed anything, i.e. what is called a Walking Possession Order.

 

 

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