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Hello all. I'm hoping you may be able to offer advice.

 

I have had a letter posted at my home; a 'notice of seizure ' by a HCEO acting for Marstons Bailiffs.

 

The debt is for a historic utility bill. The debt is in my name only.

 

The seizure has been levied upon my girlfriends car. Her car is registered in her name, and insured in her name. I have never owned the vehicle. My girlfriend is getting worried and upset as she is reliant on her vehicle for her work.

 

Can the officer remove this vehicle? He has stated that the registration documents etc mean nothing, and that as we live together and have done so long term it is a shared asset which I have access to.

 

 

It has been some time since I last had to come here for help, but found you all very helpful and informative before at a time when I was in need of advice and support.

 

Many thanks.

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So theyve performed a false levy and failed to even do a basic DVLA check? Dear oh dear. Sit tight and the regulars will be around soon. It doesnt matter if its a shared asset. The car is in her name and is her car. She just allows you use of it.

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When you say historic does this predate when you got together. As they may only seize the goods of the debtor your gf needs to submit a 3rd party claim for ownership - she will need some proof of ownership, bill of sale would be good but otherwise copy of the V5 as a minimum (realise this shows RK only). Otherwise she will need to swear a Stat Dec for ownership.

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Hello PlodderTom, and RenegadeImp, Thankyou for the replies

 

Although 'historic' being 4 years ago or so, me and my girlfriend where already together at that point. The property and bills had all been in my name previously and still remain so now.

 

My partner does still have the receipt of sale for the vehicle in her name, the V5 document which is in her name, and also the insurance policy, which again is soley in her name.

 

I'm sure she would also be happy to get a 'Stat-Dec'? if this would help.

 

Please could you advise if she should send documentation direct to Marstons, or try and deal directly with the officer. Or what steps should be taken next?

 

Thankyou again.

Edited by acarpen9
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Hello PlodderTom, and RenegadeImp, Thankyou for the replies

 

Although 'historic' being 4 years ago or so, me and my girlfriend where already together at that point. The property and bills had all been in my name previously and still remain so now.

 

My partner does still have the receipt of sale for the vehicle in her name, the V5 document which is in her name, and also the insurance policy, which again is soley in her name.

 

I'm sure she would also be happy to get a 'Stat-Dec'? if this would help.

 

Please could you advise if she should send documentation direct to Marstons, or try and deal directly with the officer. Or what steps should be taken next?

 

Thankyou again.

 

If she has a receipt then she only needs to send that, although the V5 backs up the thought she has been in constant ownership. Anything sent should go straight to Marstons.

 

Is there a reason why the original debt had gone unpaid? Was the total on the original CCJ correct? Did you know about it? Did you try to come to any agreement with the original Creditor?

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Oh how I love this company.

 

Marstons are effectively a bunch of bullies and will try any tactic they can to levy a debt, even trying to take property that's not yours.

 

In order for them to even levy the car to the address, they would have had to do a DVLA check in the first instance.

 

They can't levy the car, as it's not in your name (though your address). If it's the only car in the house hold, then they can't levy it and this is outlined in regulations.

 

Now a couple of things you can do, though it's not down to you to prove otherwise and taking the car would amount to theft.

 

You can either post out evidence to Marstons or email them, I would highly recommend you email them and not post anything out. Emails are time stamped from the moment you send it, to the point they receive it and can be traced at any point. Mail can't, unless it's recorded and I would suggest you don't waste your

money on doing that. Email is a legal form of communication.

 

Make copies of the receipt & V5 and email them

 

[email protected].

 

Quote their reference number in the subject.

 

Advise them in a professional manner, that the levy on the vehicle is illegal and that taking it would amount to theft. Provide the evidence in the email.

 

Ask them if they are the original owners of the debt or if they have bought the debt from another company (They do this alot, unless they are working directly with a local authority then they are the original holders).

 

DON'T OFFER THEM ANYTHING AT THIS POINT.

 

A couple of questions I wanted to ask.

 

Are you and your GF working?

Are you or your GF claiming any benefits?

 

Both questions are relevant to how you move this forward, after you've sent them the initial email.

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