Bailiff visit, want to work out payment plan but really worried about my car

[Skinzy]

Hi,

 

I guess like a lot of people I was scared when I got my notifications about the lapse in my payments to council tax. I was two months late and hid and then it went straight off to me owing the full amount (£1200ish) which I really couldn't afford to pay.

 

Now it's got to the stage where I had a bailiff leave me a letter today saying he came to work out how much my stuff is worth and take it away from me. I'm so scared. I realise entirely what I have done is wrong and i've left it too long for recompense.

 

I'm not denying the fact I owe them money (I believe they're saying around £1400) and I do want to work it out. I've had a read on the forum and the web and for sure i'm not going to let them in to my house now. But i really really really don't want to deal with this through the bailiffs. From what i've read they're intimidating and will cheat me out of a lot of money. I'm not worried about saying no to them when they visit but I'm really worried about them taking my car. The car is my car, and in my name, but it's registered at my parents address. (it's also owned by me outright with no debt / finance on it)

 

I'm worried they're going to clamp the car / take it away. I don't really have any where else I can store it in the mean time to stop them doing it either (which a lot of people are advised to do)

 

I plan on phoning the council on monday and offering to pay £400 a month to clear the debt quickly (which is every last penny of what I can afford to pay a month towards this debt. But from what I've read, they're unlikely to accept this offer and will want me to deal with the bailiff which I really don't want to do.

 

I know it's my fault i'm in this situation and I've screwed up big time. However I genuinely want to get it sorted.

 

Is there any advice you can offer to stop them taking my car, and to help make the council take what I say seriously and agree to call back the bailiff. I'm happy to pay the £24.50 fee for the bailifs charge for visiting me.

 

Thanks

[dx100uk]

if you can pay say even £300PCM i'm sure the council will accept the deal.

you need to talk to them and not 2nd guess

dx

[brassnecked]

Yess offer the council the money, and if they refuse the payment at the counter get the drone to sign to that effect, it will come in handy later when you need to complain about the bailiff when he oversteps the mark with dodgy fees. What council and bailiff firm is this? there is no law that says you have to deal with or speak to a bailiff, so if you deny them the opportunity to levy your goods, then it limits their options to fleece you.

 

Keep cars hidden if possible, all doors an windows locked, and no matter what he threatens, locksmiths arrest, police etc etc, at this moment in time they are all bluff. bullying and bluster

 

Have they actually levied your car?

[wonkeydonkey]

Is there any advice you can offer to stop them taking my car,

 

is this the car you have sold today to your trusty friend or was your father? and of course the V5 has also gone in the post today to the DVLA to show the change of owner? if it is ..then it is not your car anymore and the bailiff can't touch it.

 

I agree with dx on this...don't leave yourself on the poverty line and if £300pcm is comfortably affordable to you then start to pay the Council direct using their own online payment system, as long as you clear the amount owed for this year 2012-2013 before 31st March then there is little else they can do.

 

Change of keeper registered with DVLA at an address other than your own is good start, payments recorded to having been to the Council, leaves the bailiff holding the stick the candy floss has blown off and little he can do... other than be an angry cry baby !!

 

WD

[Skinzy]

Thank you for all the answers so far. I've moved my car in to a local carpark for today and will have to see if i can change the name on it temporarily. I guess through my own embarrassment I really wanted to not let any one else know but I guess i'll have to swallow my pride and ask for a bit of help from a friend.

 

It's Wokingham borough council and Bristol and Sutor. How often do you think he'll visit. He's only been once so far and that was on Thursday. Is it likley to be today, a week, a month or really don't know?

 

If when I speak to the council on monday and if they say yes to my offer, will they call off the bailiff straight away?

 

They havn't levied my car yet (as far as I'm aware) I've just read a lot about it and my car littearlly lives 3ft from my front door.

Edited September 15, 2012 by Skinzy

[Skinzy]

One other thing, my bailiff form through the door isn't filled out where it says To prevent further visits you must immediately pay the sum of: ........ This includes a charge of £...... for my visit today. The rest of the form is filled out

[wonkeydonkey]

Thank you for all the answers so far. I've moved my car in to a local carpark for today and will have to see if i can change the name on it temporarily. I guess through my own embarrassment I really wanted to not let any one else know but I guess i'll have to swallow my pride and ask for a bit of help from a friend.

 

It's Wokingham borough council and Bristol and Sutor. How often do you think he'll visit. He's only been once so far and that was on Thursday. Is it likley to be today, a week, a month or really don't know?

 

If when I speak to the council on monday and if they say yes to my offer, will they call off the bailiff straight away?

 

They havn't levied my car yet (as far as I'm aware) I've just read a lot about it and my car littearlly lives 3ft from my front door.

 

As told already...there is no law to say you have to deal with a bailiff and it matters not one jot if the Council accepts your offer as that is the way you will continue to pay..if they say deal with the bailiff then you can refuse to do so...the bailiff on the realisation he cannot levy on the car as it does not belong to you and that he will be refused entry to your home therefore unable to make a levy, will regardless of all his huffing, puffing, lying and bluffing .. soon move on to fresh pastures and a new victim...six weeks should be enough for the penny to drop...but he might just pop up after that to see if you have had a change of heart to paying him.

 

WD

[Skinzy]

Thanks for your reply WD. On past experience is it likely for him to pop in once a week for 6 weeks, once a day or what?

[Jamberson]

"Changing the name" on the car - re-registering it at DVLA - will not help you. It only changes the keeper detail, not ownership. You would have to formally sell it and retain proof. And if the bailiff sees it near your place, he might just go ahead and clamp it anyway, which he is entitled to do, and you - you would have already stated it's not your car, right? - would have great difficulty in getting it back.

 

The best thing to do (and I've no doubt I will be the only one willing to say this) is to offer the payments you would offer to the council, to the bailiff. If you can get them to agree a payment plan now, before anything silly happens and before any more visits and associated charges ensue, then you are on your way to getting out of this with the least cost to yourself.

[Skinzy]

I tried phoning him with the number he left but no answer. I guess i'd rather deal with the council as I know the money is going to them and it's recorded nicely. I think i'll phone the council and if they say no just keep paying them the £400 a month and keep pestering them saying i'm going to pay them and not the bailiff. Tell the bailiff if he comes round nicely but firmly I'm not going to have anything to do with him and that I've already started paying the council. Once i've shown him that i've given the council £400 he should get the idea i'm not going to deal with him.

 

My other question is, the debt is around £1400, the cars value is probably about £1000ish, maybe £1400 at a push (but I hear they sell whatever they take for like a 10th of what it's worth, which really wont cover his costs). Is it likley for him to try and levey it?

[Jamberson]

Yes it is likely. They don't need to recover all the cost in one hit, so they could levy on the car, or at least clamp it.

 

The problem you face if you pay the council is, it will not somehow cancel the bailiff out. If, as you suggest, he comes round, that's going on your bill. And if he clamps the car and calls a truck out, that's going on too, to say nothing of the issue of you getting it back.

 

I think it's the wrong approach to take - but whatever you do, please do keep us updated with events.

[Skinzy]

Is there a chance the bailiffs will accept a payment plan without me signing one of those 'you can take my stuff if i don't pay' forms?

[wonkeydonkey]

"Changing the name" on the car - re-registering it at DVLA - will not help you. It only changes the keeper detail, not ownership. You would have to formally sell it and retain proof. And if the bailiff sees it near your place, he might just go ahead and clamp it anyway, which he is entitled to do oh no he isn't, and you - you would have already stated it's not your car, right? - would have great difficulty in getting it back.

 

The best thing to do (and I've no doubt I will be the only one willing to say this) is to offer the payments you would offer to the council, to the bailiff. If you can get them to agree a payment plan now, before anything silly happens and before any more visits and associated charges ensue, then you are on your way to getting out of this with the least cost to yourself.

 

Jamberson ...there is enough history on the forum to tell you bailiffs do not play by the rules..I assumed the OP would realise there would be need to show receipt to both the sale of the car and its subsequent purchase, perhaps it was re-miss of me not to have stated that in writing but, I view it to be if they had any misunderstanding they would have returned to obtain clarity?

 

"least cost to yourself" presently the OP has had 1st Visit at a charge of £24.50 ....they are aware that by not including the bailiff in the matter they will without doubt incur a 2nd Visit at a charge of £18 therefore the OP needs to budget in their payment plan for fees of £42.50.

 

Entering into a payment plan with the bailiff could prove to be a very costly exercise and the evidence to support that is right here on cag. If they were to invite a repayment plan with the bailiff, you know as well as I do they will be charged for that privilege and in all probability the bailiff will insist any arrangement being subject to a levy, which would incur the OP further fees.

 

Surely, I do not have to go into detail to what would follow if, by way of example the OP falls over and breaks a leg on the due date of payment and is hospitalised, therefore unable to meet the deadline of the payment....no.. I thought not.

Edited September 15, 2012 by wonkeydonkey

[wonkeydonkey]

Is there a chance the bailiffs will accept a payment plan without me signing one of those 'you can take my stuff if i don't pay' forms?

 

That happening has little chance of success but never say never...the bailiff will receive £42.50 for attempting to get payment, he wants a bit more than that so will be looking to add whatever fees he thinks he can get away with and will try it on, in the hope you have no idea to what he can and can't do or what he can and can't charge.

 

There will be a hidden charge to enter into the agreement as is often the case, have a good read through the forum and it won't take you long to get a bigger picture....if you can comfortably afford the £400 you are intending to offer and see nothing on the horizon that could make that figure unrealistic then by all means pay the debt at that rate....you could of course offer the £300 to be paid on date xxx and leave the extra £100 without commitment then pay it as 'extra' on a different date?

[Skinzy]

If i sell the car for £1 and have a receipt given to a friend would that be acceptable?

[Skinzy]

I will add, I am happy to pay the £42.50 to the bailiff company for his 2 visits. That's their job and they've been instructed to visit me. Ideal scenario for me would be £42.50 to bailiffs and £400 a month to pay off debt direct to council.

[brassnecked]

WD and Op jamberson's advice is fine IF the bailiff plays fair, but usually they don't, if you say you will agree to a plan, he will turn up, and try everything to enter your home to levy he may say he is listing goods to 2secure" the debt, he is actually seizing them and opening the way to more fees, an engineered default, and kerching, guess what? more fees. Try to pay the council, keep the bailiff out and only pay £42.50 fees.

[Jamberson]

@Wonkydonkey

 

I don't need the forum to inform me on how the bailiffs work. I know how they work. I have plenty of real experience of how they work and what they do.

 

You are right about them not playing by the rules. If you apply your own logic, you will not trust them to return to obtain clarity as to who owns the vehicle. You will not trust them to only appy £42.50 fees. You will not trust them to refrain from clamping on the basis that (you think) they are not entitled to.

 

That's your logic being appied, not mine, and it defeats your own advice.

 

It's hard to see how this situation can end happily for the OP other than by making a formal payment arrangement and sticking to it.

[Jamberson]

If i sell the car for £1 and have a receipt given to a friend would that be acceptable?

 

No chance. They don't play by the rules.

 

Anyway, if they clamp it - what are you going to do. It's not your car. They can tow it away - nothing you can do to stop it.

[wonkeydonkey]

@Wonkydonkey

 

I don't need the forum to inform me on how the bailiffs work. I know how they work. I have plenty of real experience of how they work and what they do.

 

You are right about them not playing by the rules. If you apply your own logic, you will not trust them to return to obtain clarity as to who owns the vehicle. You will not trust them to only appy £42.50 fees. You will not trust them to refrain from clamping on the basis that (you think) they are not entitled to.

 

That's your logic being appied, not mine, and it defeats your own advice.

 

It's hard to see how this situation can end happily for the OP other than by making a formal payment arrangement and sticking to it.

 

Your suggesting the OP has to trust the workings of the bailiff and assist him... defeats any logic. If the car is clamped then it is for the bailiff to prove it belongs to the debtor by following the guidelines to making enquiries with the DVLA, the owner of the car will be positioned to assist the trustworthy bailiff if they have the mind to, by showing it does not belong to the debtor.... then pursue a claim to having been denied the right to use of the car?

 

The OP does not have to make a 'formal payment arrangement with the bailiff' as you are well aware the options as I see them are pay the Council direct and bailiff fees of £42.50..or...place their trust in and deal with the bailiff, pay further fees and take the risk they play to the rules. OP is the only person who can make that decision.

 

WD

[wonkeydonkey]

You will need to be realistic and 'sell' the car to a receipt of its worth.

[Jamberson]

If they suspect you have done this to dodge them, they will clamp it anyway and you can hardly complain if you claim not to be the owner anymore. (And always remember, they don't play by the rules.)

 

Assuming the car will still be at your place, the actual "owner" would need something pretty persuasive to show the bailiff - a real monetary transaction on their bank account to prove it was a genuine purchase, or a freash log book from DVLA, for example. In other words, you'll have to really sell your car.

 

And what effect will that have on your debt? None whatsoever.

[brassnecked]

If they suspect you have done this to dodge them, they will clamp it anyway and you can hardly complain if you claim not to be the owner anymore. (And always remember, they don't play by the rules.)

 

Assuming the car will still be at your place, the actual "owner" would need something pretty persuasive to show the bailiff - a real monetary transaction on their bank account to prove it was a genuine purchase, or a freash log book from DVLA, for example. In other words, you'll have to really sell your car.

 

And what effect will that have on your debt? None whatsoever.

 

I tend to agree with Jamberson, with regard to changing ownership, at this stage, as the bailiff may well have clocked the registration number, and knowing how inefficient DVLA are, just like the Centauri view of the Naarn, the car is in limbo for up to or more than 4 weeks, ample time for the bailiff to cause major problems.

 

Maybe WD's initial take is a good option, and you hide the motor, either that or a receipt at a realistic price, and the car gone elsewhere. Whatever the car must not be at OP's address.

 

Unfortunately we don't live in the world as seen by Naughton and Wayne any more and bailiffs likely don't play cricket, they are more likely to be cads and bounders.

[mellymoo74]

the car needs to not be visible a garage is fine, PAY THE COUNCIL ON THE AUTOMATED LINE email them to tell them your doing this and what your paying per month also call them. Then pay it when you say you will without fail.

[Jamberson]

the car needs to not be visible a garage is fine, PAY THE COUNCIL ON THE AUTOMATED LINE email them to tell them your doing this and what your paying per month also call them. Then pay it when you say you will without fail.

 

And what about the bailiffs? Will they stop coming round? Will they surrender the case? How long does the car have to be hidden for, before he can go about his normal life? And what will become of the bailiff fees owed?