Council Tax Bailiff and Ownership Of Car

[leechlemon]

Hello all.

 

I am currently trying to help my ex wife (we are still friends and have children together) with an issue she is having with council tax arrears.

 

A week ago the council obtained a liability order and obviously their next step is enforcement (which they have stated will be bailiffs in a recent letter).

 

She has nothing of value and will be refusing entry to the bailiff as she is currently getting the paperwork together to apply for a debt relief order.

 

 

The only issue she is having is the threat to the car she uses.

The car is registered in her name but last year she wrote her car off and could not afford a new one.

 

 

Her mother purchased the new car from a private individual and registered in her name but made it very clear that the car was not to be sold and when it was the money was her mums.

 

 

She has a text conversation with her mum explaining this but this is where the issue is.

Is that sufficient proof that the car belongs to her mum?

Is it possible to write an agreement between them now or is this pointless?

 

 

She doesnt want the car removed (obviously) but at the same time doesnt want her mum to have to take legal action if it is.

 

Hopefully someone can shed some light on this for me.

 

 

That way I may not have to do the school runs in my car

[dx100uk]

Who is the registered owner of the Car

 

 

who is the registered keeper of the car?

[dx100uk]

I question the wisdom of the DRO

[leechlemon]

My understanding is that there is no such database of registered owners. Correct me if I am wrong.

 

The registered keeper is my ex-wife. She has the V5C but obviously that does not mean it belongs to her.

 

EDIT: I questioned if she needed the DRO myself. Apparently the person at Citizens Advice said it is the best option as most of her debt (9000 odd) is over payment of tax credits (an issue with a childcare provider but not fraud so able to be included)

Edited April 11, 2017 by leechlemon

[dx100uk]

it say's on the V5C THIS DOCUMENT IS NOT PROOF OF OWNERSHIP.

 

 

you would need to PROVE by receipt who PAID for its purchase.

[unclebulgaria67]

it say's on the V5C THIS DOCUMENT IS NOT PROOF OF OWNERSHIP.

 

 

you would need to PROVE by receipt who PAID for its purchase.

 

The practical reality is that if the council tax debtor lets it get to the stage where an Enforcement Agent is sent out to take control of goods, the car will be taken control of, with a view to gaining a payment agreement. If no agreement is entered into or payments not made as agreed, then the car would be seized and taken to be sold. The person who bought the car would have to make a court application to claim the car as their property and there is no guarantee the application would be successful. Perhaps the car was gifted to the debtor ?

 

Suggest focus is 100% on sorting out the DRO. In the meantime, before it gets to enforcement, the Council head of revenues should be advised in writing that a DRO is being applied for and to make an affordable payment against the Council Tax liability order. Try to avoid the liability order being sent out for enforcement, by contacting the council before they did this.