Baliffs took my car

[bestbass]

Please can anyone help. I work for myself and had a bad dept which had a knock on effect. A factoring company, who I owed around £5k to you had a baliff come in and take my car which I need for work, taking my three boys to school and taking my disabled Mother to and from hospital. I feel that they did not have right to take the car but I don't know how to find out. The car is up for auction on Thursday this week. Can any one advise me who to contact or what to say so I get me car back. Please help!

[ncf355]

Hi BB,

 

sounds wrong to me, but not an expert in this area, please re post in the baliffs forum here:

 

http://www.consumeractiongroup.co.uk/forum/bailiffs/

 

Much more likely to get a decent answer there

 

Considering how essential that car is, I cant see them getting away with it

 

People in the Baliffs forum will probably suggest calling citizens advice as well

 

Best of luck

 

NcF

[bestbass]

Thanks for that, I need all the help I can get at this moment.

[go for it]

are you self employed cause if you are as far as i no there not allowed to take it

[bestbass]

What action do I need to take and who should I contact to get the right information? The baliff basically says tough luck!

[The Watcher]

The car is up for auction on Thursday this week.

 

How can the car be "essential" if you are planning to sell it?

[go for it]

i think he means the baliffs going to sell it

[The Watcher]

i think he means the baliffs going to sell it

 

Oh, sorry - brain not switched-on today !

[Guest lipupfatty]

what type of bailiff was it?

[bestbass]

Thanks 'go for it'. I really need it back as my job and family are suffering.

[bestbass]

The baliff was a local Sherriff!

[Guest lipupfatty]

what makes the car essential

[go for it]

i dont know much about baliff laws its just a mate sent me some info on it ,i just googled it and a couple of sites i came across said the same thing cant touch car or tools if self employed ,it said first contact the baliffs and tell them there not allowed to take it and if they ignore go the creditor

[Guest lipupfatty]

a normal car would not be a tool of the trade, if it was adapted for a specific purpose i.e driving instructor or an icecream van then its clearly a tool of the trade

[go for it]

not necessary my neighbour used to be self employed sale rep and he had to use his car and that was just a normal car

[Guest lipupfatty]

you could argue that he could rent another car

[tomtubby]

It would appear that you had arrears to a factorng company and that they snatched back (re-possessed) the vehicle.

 

This is not the same as a bailiff taking the vehicle. Bailiffs are used to recover money owed to council departments and government agencies like council tax and unpaid parking tickets and the like. This post should be referred to a different thread as this is not bailiffs. If it were bailiffs, then they should not remove the vehicle if it is needed for jour self employment, but this would not apply here.

 

I'm not sure that you are being given the right advice here? Did you receive any warning? How much of the finance agreement had you paid. Did you receive any claim form from the court?

[dx100uk]

was this car finance that you fell behind on?

if so, then read your contract, depending upon how far into/how much you have paid, gives you varying 'rights' as to what a DCA can/cannot do.

 

but i aggree, this will not be a bailiff unless you have had court notification.

 

dx100uk

[go for it]

i would listen to what the last 2 messages are saying they sound like they know alot more then i do ,i miss under stood your message and if im wrong don t want to give you the wrong info

[djweeble]

If you are convinced that they had no right to take the car, the first thing you need to do is report it stolen, & don't take "no" for an answer at the cop shop.

 

Also, find out where it's being auctioned, go there with a copy of the registration certificate and the police report, inform them that it's a stolen vehicle and you are laying claim to it, tell them that if they proceed with the sale you will hold them jointly liable in any court action. That should put a temporary stop to the sale at least, and give you time to organise the legalities of getting it back.

[Guest lipupfatty]

It would appear that you had arrears to a factorng company and that they snatched back (re-possessed) the vehicle.

 

This is not the same as a bailiff taking the vehicle. Bailiffs are used to recover money owed to council departments and government agencies like council tax and unpaid parking tickets and the like. This post should be referred to a different thread as this is not bailiffs. If it were bailiffs, then they should not remove the vehicle if it is needed for jour self employment, but this would not apply here.

 

I'm not sure that you are being given the right advice here? Did you receive any warning? How much of the finance agreement had you paid. Did you receive any claim form from the court?

 

if you look at the post properly you would understand it was a sheriffs officer who has taken the car, a sherriffs officer would have been executing a high court writ, so this is definately the right place to post