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can a HCEO seize my wifes car for my debt


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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 :wink:,) 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

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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

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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 ?

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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.

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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

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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.

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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.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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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 ?

We could do with some help from you.

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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.

We could do with some help from you.

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