Bailiffs and Taking cars

[LJKelk]

I have just had a visit from a Bailiff without 7 days notice of visit.

I did not open the door and spoke to him via a closed window.

 

The debt is from 2011 and is council tax, Despite several attempts to set up a payment arrangement with the council it has come to this.

 

My question is, the car I drive is registered to my mother in law at my current address (she lives elsewhere) and this is because she paid for the car and until we have paid her back its in her name.

 

Is the bailiff allowed to take this car even with proof of the logbook saying it is in her name?

 

Thanks

[brassnecked]

If it doesn't belong to you no, but it might be good for your MIL to swear a Statutory Declaration as to ownership in case the bailiff removes it and pushes for interpleader to prove ownership.

 

Other Caggers will no doubt be along with some more salient advice.

[ploddertom]

What paperwork has he left you & what charges has he applied?

[LJKelk]

What paperwork has he left you & what charges has he applied?

 

He has left me a " FINAL NOTICE - Magistrates Liability Order / Warrant of execution Dated 06/05/2011" He is from Rossendales and Client amount is £709.97, Enforcement Costs are £277.50 Total £985.41

[LJKelk]

If it doesn't belong to you no, but it might be good for your MIL to swear a Statutory Declaration as to ownership in case the bailiff removes it and pushes for interpleader to prove ownership.

 

Other Caggers will no doubt be along with some more salient advice.

 

 

Thanks, That's fine she will do that, Should I get it in writing from her?

[brassnecked]

Thanks, That's fine she will do that, Should I get it in writing from her?

She needs to swear it at a solicitors or magistrates court, as she is the owner, then she should send Notarised copies to the council and Dossendales. It should cost around a tenner.

[LJKelk]

She needs to swear it at a solicitors or magistrates court, as she is the owner, then she should send Notarised copies to the council and Dossendales. It should cost around a tenner.

 

 

Wouldn't that incur charges?

 

 

How would I go about doing this?

[renegadeimp]

Only charge it would cost is a tenner. Just go to your local court or any solicitor and tell them you want to swear a stat dec.

[ploddertom]

He has left me a " FINAL NOTICE - Magistrates Liability Order / Warrant of execution Dated 06/05/2011" He is from Rossendales and Client amount is £709.97, Enforcement Costs are £277.50 Total £985.41

 

The way I read this is that you must have received 2 visits from them prior to 6 April and they are using this under the Transitional Rules to be a Compliance Fee of £42-50, they have then added the Enforcement Fee of £235 which is how you get the sum of £277-50.

 

Did you have an arrangement either with the Council or the Bailiffs to pay this? Have you made any payments since the Liability Order was awarded against you?

[LJKelk]

The way I read this is that you must have received 2 visits from them prior to 6 April and they are using this under the Transitional Rules to be a Compliance Fee of £42-50, they have then added the Enforcement Fee of £235 which is how you get the sum of £277-50.

 

Did you have an arrangement either with the Council or the Bailiffs to pay this? Have you made any payments since the Liability Order was awarded against you?

 

 

I have only ever had one visit from them but have since started paperwork to enter an IVA / DRO. (My initial IVA was declined so paperwork for the DRO is in process) I have tried numerous times to arrange payment plans with the council (not bailiffs) no payments have been paid for this debt as no plan was agreed

[Conniff]

You don't need a plan to make payments, you just go on line and make a payment of what you can afford.

 

 

If you can't do it on line, then visit your local council office and say you want to pay this to your bill and hand them the amount you can afford. They cannot refuse to accept it.

[tomtubby]

It is very important indeed that you WRITE (or better still email) the Welfare Dept to explain that you are currently facing insolvency proceedings and that as a consequence, you have very little money. Make sure in the letter that you advise the company that you have the USE of a car but that you are merely the registered keeper as the OWNER is your mother in law and that if necessary, you will be able to provide a Statutory Declaration in support.

 

You will need to be offering some monthly payment whilst the insolvency discussions are ongoing.

[brassnecked]

TT OP indicated that the MIL is named as the registered keeper but at the debtors address, as such she should lay claim to the vehicle and indicate it is third party before EA does something silly.