excel Can Bailiffs Take My Car whilst on a Payment Plan?

[gemnomnom]

Hi all,

 

My boyfriend lived in a shared house in 2008/2009 for which there is a £900 council tax debt.

 

 

His 'share' was paid by CT benefit/reduction,

but I understand he's jointly and severally liable for it.

 

 

We've contacted his brother (who was a tenant with him) who's willing to pay £3.50/week to the bailiffs for this debt.

He's currently on JSA and he's had no contact with the bailiffs yet.

 

We've had letters & visits from bailiffs (Excel) but not communicated with them or let them in.

Last letter we received was hand-delivered at end of Feb saying they'll return on 04/03 - but nothing so far.

 

I've recently bought a car and my question is:

if his brother (who doesn't live with us) makes a payment plan

- will the bailiffs stop visiting us?

Or can they accept the payment plan from him,

but still take my car too?

 

And are the £310 fees enforceable as they have only visited our address, and not his?

 

The receipt/invoice and V5 are both in my name and I am nothing to do with this CT debt,

if this makes a difference to my car's safety...

 

Thanks,

 

Gemma

 

EDIT: It has just occured to me that although the V5 and receipt are in my name, the car was a gift to me so the money will be coming from my boyfriend's bank account. If I need to prove ownership, will the former two documents be sufficient - or will the bailiff need to see a bank statement? And if so will that be enough for them to take the car on the grounds it is jointly owned? Apologies if I am sounding paranoid or jumping the gun...

Edited March 15, 2015 by gemnomnom

[i hate bailiffs]

There is a joint liability for council tax

As it stands the bailiffs do not care what half has been paid they want the other half of the money

 

Your car should be OK

If the bailiffs are not able to come to any arrangement for repayment given time they will hand it back to the council

[gemnomnom]

There is a joint liability for council tax

As it stands the bailiffs do not care what half has been paid they want the other half of the money

 

Your car should be OK

If the bailiffs are not able to come to any arrangement for repayment given time they will hand it back to the council

 

Hi,

Thanks for the speedy reply!

 

 

I'm curious about the bailiffs handing it back to the council.

 

 

Will they not accept the £3.50/week?

 

 

It's not that he could afford much more.

 

 

How long would that process take?

 

 

And does that then mean they don't collect fees?

Thanks again

[dx100uk]

too late on the fees sadly.

 

 

has he and your brother been in contact with the council directly

explaining the financial problems?

 

 

they might be understanding.

 

 

dx

[gemnomnom]

Hi,

 

My boyfriend has contacted the council and they've sent him a copy of his account. They did say it was with the bailiffs now, and they wouldn't take payment, but at that time he wasn't very insistent to pay he just wanted info about it.

 

Shame about the fees - I think I remember that whenever he moves, the fees on the letters reset to £0 (or just £75, can't remember) so was hoping it would be the same if his brother tried to pay. For the record, my boyfriend has only recently wanted to (and been in a position to) get on the straight and narrow, hence this 'history'.

 

His brother hasn't been in contact with the council yet. We were waiting on some advice re the car before he contacts them in case it prompts a bailiff visit to my house! I saw a good post where the council insisted the debt is now with the bailiff, but it boiled down to saying, "So you don't want to take payment off me?" and then the council did take payment... However I don't think this would work with a payment plan, only the sum in full?

 

What advantage would there be to paying the council directly? I assume this would guarantee safety for my car.

 

Thanks!

[CrappoMan]

Regarding the car:

Who is the legal owner ? And do they have a named receipt of purchase from the car's seller ?

If the the answers to the above are you and yes, then the Bailiff can't take the car if the debt/LO is in your boyfriend's name and not your name.

 

If the car was bought by your boyfriend and he is the RK then unfortunately it would be at risk.

[gemnomnom]

Hi,

Right now we've just put a deposit down. My name is on the invoice and will be on the receipt once we complete the transaction; and my name will go on the V5. So I will be both the owner and RK.

 

However as this is a gift to me, the money will be coming from his bank account. As an extra pre-caution we might transfer the money to my account so it shows on my statement - unless this really is unnecessary? And we are also planning on splitting costs like fuel and maintainance. And he will be the policyholder on the insurance.

 

I'm just worried that the bailiffs will assume that it's his car, or at least (due to the issues above) that it's jointly owned. I'd rather avoid them taking it then have to prove it's mine when it's gone!

 

Thank you for all your help.

[CrappoMan]

Keep his name off the invoice/reciept, V5 and insurance policy. Then the car will not be linked to him in anyway.

 

It doesn't matter if you transfer money from his bank account to yours, as the Bailiffs have no right to view your bank accounts so can't link the transfer of funds with the purchase of the car. If you can pay for the car via debit card/bank transfer and it shows that on the receipt, even better, as the Bailiff can't then say that your boyfriend paid cash and put the car in your name to stop them seizing it.

 

All the above assumes a level of trust between yourself and your boyfriend.

[gemnomnom]

Trust is okay as we are getting married next month lol.

 

I will pay for the car via a BACS from my account, and that will show on the receipt. However it is not an option to keep his name off the insurance unfortunately. I hope this won't make too much difference as the invoice, receipt and v5 will be in my name. I think I would be within my rights to refuse to show them a copy of the policy schedule? Or can they see this information anyway?

 

Do you know if they will stop visiting though when a payment plan is set up?

[CrappoMan]

I meant don't put him as the main driver. He should be ok as a named driver.

 

If they come and show an interest in seizing the car, showing them the V5, receipt and insurance certificate, all in your name should be enough to stifle their interest in the car.

 

I would have a couple of photocopies of the documents near the front door, and if the bailiff comes, give them a set. And most importantly, film yourself handing them over to the bailiff. Then if anything 'wrong' does happen, they can't deny that they had information that the car was yours, not your boyfriends.

[gemnomnom]

Hi,

 

Okay thanks, looks like the car issue is sorted. Just want to recap to get things straight:

 

The original debt is a council tax debt with three people liable for it. However, my boyfriend is the only one who has been receiving bailiff letters and visits. Can one of the others on the original debt call to arrange a payment plan?

 

If that's possible, would that stop him being pursued?

 

If I need to start a new thread on this please let me know.

 

Cheers

[dx100uk]

no stick to this one

 

 

dx

[gemnomnom]

i'm wondering about my next steps.

 

My boyfriend's brother has agreed with us he'll pay

- but the bailiff only has the debt down in my boyfriends name.

Will the bailiffs accept another person paying an installment plan and then stop the visits?

 

 

As there have been three visits already I don't want my BIL to contact them and reawaken the visits,

as I think they may have stopped for the foreseeable future and it may be returned to the council (after 12 months?)

 

He is reluctant to approach the council directly as he owes a LOT of council tax for different years and addresses

and he fears that this will cause a flood of bailiffs to attend his address.

 

 

This would be bad as he lives with my elderly mother in law too. His tactic is to ignore visits and letters, whereas we want to be debt free.

 

Should we sit tight, keep quiet and have proof of ownership documents ready,

or should my brother in law offer a payment plan?

 

 

If it makes a difference the way my car is parked means I don't think a tow truck could get at it.

 

Thanks