Jump to content


Part ownership of vehicle, can bailiff's seize this vehicle


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2576 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I hope someone can help me, as I'm in a pickle over what to do, here is the situation:

 

 

I own a vehicle (50/50) with a family member, worth approx. £1800.

 

 

We are both registered disabled (mobility) but this is not a mobility/leased vehicle (hence low value)

 

 

From the offset, we agreed the insurance premium would be cheaper if I register as the legal/registered keeper and my relative is stated as additional driver, premium approx. £350 per year.

 

 

If we reversed this (relative as legal owner/registered keeper), the premium would be approx. £1900 but I realise the bailiff would not be able to seize it as I would be only registered as the additional driver, but I own 50% of the cars value...(my relative has no, no claims premiums)....we would never be able to pay this kind of premium!

 

 

Basically, in the short term, I will be expecting a knock from the bailiffs (in my sole name), for a debt of approx. £5000, I have no other assets etc, just 50% share in this vehicle (but I am registered as the owner/keeper), I assume the bailiff will just take this, is this allowed even though its not 100% mine? what can I do?

 

 

Could I be registered as the keeper (keep premium low) but have my relative as the "owner"? I believe, with DVLA, they only hold info and supply to bailiff the registered keeper, the based upon this, they will seize the vehicle?

Edited by confusedbunny
added more info
Link to post
Share on other sites

sounds like you are classed as vulnerable

 

no bailiff action should take place at all once they are notified

 

tell us the debt story please

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

It is for potential rent arrears, money order will be for approx. £5000 from my landlord, I very much doubt my landlord will then agree to instalments of £5 a week (all I can afford at the moment) and just instruct bailiffs on me, I am dreading it.......

 

 

I have no way of giving my relative the £1000 share of the vehicle and haven't told her yet that the bailiffs might take it, I am so stressed....

Link to post
Share on other sites

What are your disabilities, as you could well be classed as vulnerable un der the National Standards, however the rules change in five days for bailiffs so get that proof of disability ready to send to the bailiff. The land lord should also realise he may well fall foul of legislation if he is too heavy with enforcement on a vulnerable tenant.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

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!

Link to post
Share on other sites

If the vehicle is displaying a Blue Badge it will be protected under the new regulations that take effect on 6th April.

That is excellent, no more excuses for bailiffs who claim to be able to seize Motability cars or vehicles used by a disabled driver.

 

what is the debt actually for confusedbunny? Rent arrears, or something else?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

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!

Link to post
Share on other sites

I am in receipt of disability, mobility and care components,although I do not have the blue badge, my relative does though at the moment, but she is not registered as the owner/keeper but as additional driver. The car is not on lease via a motability scheme.

 

 

Yes, the debt is for rent arrears.....I just do not know what to do with regards the this car, Im in a pickle where I stand, my relative will not be impressed if it gets seized and as I say I do not have her share of £1000 to repay her.

 

 

Could I show the bailiff I am disabled (DLA award letter) and show some legal form/declaration that my relative owns 50% share of the vehicle? would this be enough to prevent seizure?

Link to post
Share on other sites

Dementedfeline

 

The Taking Control of Goods Regulations provides an updated list of exempt items and the wording from the regs is as follows:

 

4(d):

A vehicle on which a valid disabled person's badge is displayed because it is used for, or in relation to which there are reasonable grounds for believing that it is used for, the carriage of a disabled person.

 

 

PS:

 

The National Standards for Enforcement Agents is currently being redrafted and is with the MOJ lawyers . We are assured that they will be released before 6th April. Although 'vulnerability' has featured in the NSEA for many years, we now have statutory protection.

Link to post
Share on other sites

Dementedfeline

 

The Taking Control of Goods Regulations provides an updated list of exempt items and the wording from the regs is as follows:

 

4(d):

A vehicle on which a valid disabled person's badge is displayed because it is used for, or in relation to which there are reasonable grounds for believing that it is used for, the carriage of a disabled person.

 

 

PS:

 

The National Standards for Enforcement Agents is currently being redrafted and is with the MOJ lawyers . We are assured that they will be released before 6th April. Although 'vulnerability' has featured in the NSEA for many years, we now have statutory protection.

 

 

Does this mean, if I am registered owner/keeper but additional driver (my relative) displays her badges, the bailiff cannot seize the vehicle under no circumstances?

Link to post
Share on other sites

Does this mean, if I am registered owner/keeper but additional driver (my relative) displays her badges, the bailiff cannot seize the vehicle under no circumstances?

They would be very silly, as you are disabled and have mobility component you should claim a Zero VED tax disc from DVLA, and have the vehicle transferred into the disabl;ed class, the bailiff cannot touch it then for sure

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

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!

Link to post
Share on other sites

Reading the regulations as they are drafted I would say that if you are the registered owner (but not the driver) then as long as the vehicle displays the blue badge it is exempt. If however, a Blue Badge was not displayed then it can indeed be seized.

Link to post
Share on other sites

In the absence of a Zero rate Disabled VED I concur with TT keep the badge displayed. As a thought, when the VED regs change in September and a tax disc is no longer required I predict an increase in seizures of exempt Motability and vehicles used by disabled people as there will be no visible evidence if a badge is not on permanent display.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

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!

Link to post
Share on other sites

Dementedfeline

 

The Taking Control of Goods Regulations provides an updated list of exempt items and the wording from the regs is as follows:

 

4(d):

A vehicle on which a valid disabled person's badge is displayed because it is used for, or in relation to which there are reasonable grounds for believing that it is used for, the carriage of a disabled person.

 

 

PS:

 

The National Standards for Enforcement Agents is currently being redrafted and is with the MOJ lawyers . We are assured that they will be released before 6th April. Although 'vulnerability' has featured in the NSEA for many years, we now have statutory protection.

 

Thanks, tomtubby. but, sigh, yet another example of disjointed thinking - the blue badge guide published by the governmint, bless them, specifically says

 

It must only be displayed if you are travelling in the vehicle as a driver or passenger, or if someone is collecting you or dropping you off and needs to park at the place where you are being collected or dropped.

 

and I'm pretty sure I've seen advice to the effect of don't leave the badge on display when you're not using it because someone might nick it.

 

And, it may be coming in to the regs, but both blue badge and disabled tax disc didn't stop a rossendales bailiff clamping a car and threatening to remove it a few months ago. I would suggest people print out the relevant bits of the regs and have to hand to quote to bailiff.

Link to post
Share on other sites

Thanks, tomtubby. but, sigh, yet another example of disjointed thinking - the blue badge guide published by the governmint, bless them, specifically says

 

It must only be displayed if you are travelling in the vehicle as a driver or passenger, or if someone is collecting you or dropping you off and needs to park at the place where you are being collected or dropped. However that said if the op has a zero rated tax disc on display it serves the same purpose to alerting the 'enforcement agent' the vehicle is controlled by someone recorded to be in receipt of the mobility component and therefore exempt from seizure.

 

and I'm pretty sure I've seen advice to the effect of don't leave the badge on display when you're not using it because someone might nick it.

 

And, it may be coming in to the regs, but both blue badge and disabled tax disc didn't stop a rossendales bailiff clamping a car and threatening to remove it a few months ago. I would suggest people print out the relevant bits of the regs and have to hand to quote to bailiff.

 

You are correct, Blue Badges are worth a fortune on the black market and it is strongly advised you do not leave it on display if parked up at home. However that said if the op has a zero rated tax disc on display it serves the same purpose to alerting the 'enforcement agent' the vehicle is controlled by someone recorded to be in receipt of the mobility component and therefore exempt from seizure.

Link to post
Share on other sites

wonkeydonkey - you'd think, huh? Don't forget that soon physical tax discs will be a thing of the past, so no help there.

 

My friend's story:

 

Blue Badge - check. Disabled tax disc - check. Showed TEC acknowledgement of OOT filing - check. Informed had cancer - check. Informed only form of income was benefits - check.

 

Still clamped and threatened with tow truck if full payment not made. Bailiff actually REFUSED invite to enter house and do levy. Council - "not our problem - talk to the bailiff company". Complaint being prepared for LGO.

 

Somehow I find it wishful thinking that on 6th April the bailiffs will magically understand what they can and can't do unless the people being visited KNOW their rights - and of course, the vast majority don't or are too intimidated (understandably) to stand up for themselves.

Link to post
Share on other sites

Basically, I have been awarded the mobility component (low rate) for 5 years, would I qualify for an exempt tax disc? (I thought it was only of you were awarded high rate).....It would be simpler to just change the ownership and insurance main driver to my relative but the premium is sky high :(

Link to post
Share on other sites

  • 4 months later...

Update:

 

 

My relative's (joint owner) blue badge has now expired (he has reapplied).......where do I stand now? Under the new rules, as I am potential classed as "vulnerable" and am not sole owner of the vehicle, can I prevent the bailiffs from taking the vehicle based on this?

Link to post
Share on other sites

  • 1 month later...
They would be very silly, as you are disabled and have mobility component you should claim a Zero VED tax disc from DVLA, and have the vehicle transferred into the disabl;ed class, the bailiff cannot touch it then for sure

 

 

Would I qualify to have the vehicle class changed to "disabled" if I only receive the low mobility component? If so, do you have a link as to how I do this please.

Link to post
Share on other sites

Update: next month, I am expected to be hit with a CCJ by my creditor (ex landlord), and I have a few questions:

 

 

1. If a payment plan is agreed by the judge, can the creditor still instruct a bailiff or high court enforcement officer?

2. If my payment plan proposal is refused, I strongly suspect the creditor is going to instruct a HCE very quickly, the only asset I have is the car, I am so scared this will be taken. I am in receipt of DLA, low mobility and middle car (the second driver/part owner) no longer has blue badge/DLA award. Will the HCE be allowed to just turn up and take the car?

 

 

p.s. although we are 50/50 shared owner of the vehicle, I am on the log book and the main driver on insurance policy. (as it was cheaper in my name, £50 pcm instead of £180 pcm in the other owners name! Which would make if impossible to keep at that premium)

 

 

Also, I owe my relative (the other owner) money and I am considering giving him my share of the car but remaining on the logbook and main policy holder on insurance, will this make any difference to the HCE or bailiff action?

Link to post
Share on other sites

Just a thought, would some kind of declaration of ownership by relative be suffice to stop bailiffs or HCE's taking the vehicle? (would it matter that the insurance remained as myself as policyholder and relative and 2nd driver and on the logbook) (relative has bank statements to prove he paid for the car)

Link to post
Share on other sites

As I am very anxious and stressed over this,

 

 

I am just thinking I will just sell the vehicle (co owner is happy for me to do this).

 

 

I am just overly stressed how I would explain/show how I am classed as vulnerable

( I have DLA award letter/medical history) and do not have the energy to deal with this.

 

 

The CCJ is not been awarded yet,

will I get into trouble for selling the vehicle before this?

 

Also, I was reading up on this...

...does this mean I have to let bailiffs into my home if they give two clear days notice? (or have I read this wrong)

 

 

https://www.nationaldebtline.org/EW/factsheets/Pages/08%20EW%20County%20court%20-%20suspending%20a%20bailiff%27s%20warrant%20or%20reducing%20instalments%20on%20a%20county-court%20judgment/Page-02.aspx

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...