can a HCEO seize my wifes car for my debt

[pd007]

Hi all,

 

just a quick question I have a payment plan with a hceo for a ccj, i have missed 4 months payments and have recieved a letter asking them to contact them to recommence payment plan if i dont contact them then they will send baliffs round etc .

I own a van (used solely for work and is parked away from my home address at the moment just in case ,) however we do have a family car, the log book is in my wifes name and has always been in her name but there is a finance agreement on it in my name.

i just want to know if things go bad and the baliffs visit can they seize her car as i dont have a garage in which to hide it !

 

p

[sgtbush]

is it on HP? or bank loan??

if on HP then no, if a bank loan then yes

 

if your married then yes as the courts rule it as joint property, you have a financhal interest in it, just if you were getting divorced, if you couldnt agree who got the car, the car would be sold and the proceeds split

[pd007]

yes it is hp ,yes we are married incidently the oustanding balance of ccj is £600 car is valued at about 6K there are only about 3 payments left to make on the car so am i right that whilst the hp is still going it is safe from thier clutches ?

[unclebulgaria67]

yes it is hp ,yes we are married incidently the oustanding balance of ccj is £600 car is valued at about 6K there are only about 3 payments left to make on the car so am i right that whilst the hp is still going it is safe from thier clutches ?

 

The could levy against the car and worry about any HP afterwards. I am guessing that the HP company would consent to the car being sold, as long as they received the last 3 payments.

 

Is there any reason why you are not recommencing payments towards the CCJ ? I think you would be wise to try to negotiate affordable payments, as otherwise you may get stung for further enforcement costs.

[ploddertom]

Would you care to say how this came about as there may be something you can do to:

i - possibly have the CCJ Set |Aside

ii - possibly have the level of payments reduced

iii - possibly have the actions of the HCEO put on hold

[ploddertom]

The could levy against the car and worry about any HP afterwards. I am guessing that the HP company would consent to the car being sold, as long as they received the last 3 payments.

 

 

If this happens then they could be in serious trouble.

[brassnecked]

Unless the bailiffs get written authority from the HP company, it would be theft of a motor vehicle at least, and as the car would go for peanuts at auction as a distress seizure without keys and V5, notwithstanding the fact that the bailiff would snatch their fees first, there would be nothing left to cover the last 3 payments, so it is very doubtful indeed the HP company would consent to this imho.

[frustratedt]

have the same problem but the debt is a company debt

[frustratedt]

Can they seize her car

[unclebulgaria67]

Can they seize her car

 

If the car is on HP, your wife was not a director/registered owner of the company and not connected to the business they should not be able to do this.

 

What type of company ? Sole trader, limited company ?

[frustratedt]

limited company she is not a director car is in her name not on hp

[unclebulgaria67]

limited company she is not a director car is in her name not on hp

 

Your liability as a director was restricted anyway and normally they could only go after assets of the business. For the HCEO to go after personal assets, I believe that you would have had to sign a personal guarantee of the companies debts or have been found to have been running an insolvent business. If there was a guarantee or involvency problems, then I suppose they could look at any personal assets. This could include the car, being that you are married and therefore the car may not be seen as just your wifes.