me and my landlords

[raydetinu]

S8 can be served at any time, court action can start 14 days after receipt of S8 notice.

if rent more than 2 months in arrears it will be granted, unless you have some extenuating circumstances or come to some agreement with the LL.

[mariner51]

How does your recent post #102 relate to 2012/3 posts? Same LL, same tenancy?

Where does issue of s48 Notice come from?

Since this thread is over 100 posts, perhaps you can provide a timeline for dates and Notices for the related AST?

[confusedbunny]

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 April 1, 2014 by confusedbunny
added more info

[dx100uk]

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

[confusedbunny]

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....

[confusedbunny]

Hi,

 

 

I paid my landlord a deposit, which:

 

 

1st AST-Late protection, submitted fraud info, now confirmed void

 

 

Same AST, periodic- failed to return deposit, failed to re-protect or serve certificate/PI (as per superstrike ruling)

 

 

2nd AST-Late protection (17 months later), failed to provide certificate & PI, now confirmed void

 

 

Same AST,periodic-failed to return deposit, Late protection (22 months later), failed to serve certificate & PI, now confirmed void

 

 

My questions are:

 

 

1.I am still in the property, can I start a claim now? or is it best when I leave?

2. How do I start a claim?

3. How much does it cost? (I am in receipt of benefits at the moment)

 

 

Any advice will be much appreciated. Thank you

[brassnecked]

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.

[tomtubby]

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

[brassnecked]

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?

[dementedfeline]

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

 

Tomtubby - do you have a link to this, please - the specific Blue Badge part?

thanks

df

[confusedbunny]

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?

[tomtubby]

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.

[confusedbunny]

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?

[brassnecked]

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

[tomtubby]

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.

[brassnecked]

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.

[dementedfeline]

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.

[wonkeydonkey]

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.

[dementedfeline]

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.

[confusedbunny]

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

[confusedbunny]

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?

[JoeyJoeC]

If you have a driveway, park with the wheels turned to face a wall, it would make it very difficult, if not impossible to take.

[confusedbunny]

No, I do not have a driveway

[confusedbunny]

No, I do not have a driveway

[confusedbunny]

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.