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I keep reading that bailiffs are not allowed to take 'tools of the trade' - but does this include vehicles? In the same leaflet that said tools could not be levied, it said that Cars, Vans and Lorries could be taken. 99% of vans and lorries would be used for commercial ends, so are vehicles NOT considered to be a 'tool'?

 

This is in reference to a builder (run as a 'husband and wife' Ltd co.) who owes me £2500, and insists on not paying despite judgement. More on this later by the way. He has over £1m of personal assets (yes, the usual type) and has at oral examination lied about his current contracts (saying he has none) and admitted only to the company owning office equipment, tools, and a tipper truck valued at £3000 (handy :p ) - which may be indeed all the 'company' does own.

 

Not a great fan of bailiffs but this could be my only chance to sort out the £3000+ hole in my account, which, funny enough, is causing quite a few bank charges that it looks like I won't be getting back... :mad:

 

cheers!

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I remember seeing on tv prog about the bailiffs one builder had to remove his tools so they could take his van away.

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Although anecdotal, thats interesting and means its worth giving the court a ring. Incidently, something else that isnt clear from the courts leaflets, is where can the vehicle be levied +from+. Its understandable that goods could / should only be taken from a registered office etc... but in this case I know full well the registered office is used for no more than a letterbox by a 'freindly' householder. Are vehicles different due to their inherent portability / ease of identity? The tipper will be parked constantly at the contract that 'doesnt exist' which by pure coincidence is about 500m from the letterbox registered company address. (The defendent will be going to and fro by one of his many private vehicles).

 

Will I have no choice but to initially instruct the bailiffs to try the registered address first, let it fail, at which point I can then redirect them round the corner for a second attempt? (The defendent admitted to the reg no in the questioning so IDing it wont be a problem). And, if this is possible, what next? Will the defendent (who will be on site for sure) be politely asked to hand over the keys - and what if he doesnt - cant see a 3 ton tipper truck being 'lifted' from a narrow country lane :-(

 

Oh dear, and I was happy to see the end of this 6 month nightmare...

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You should find what you need in here. Good luck.

 

Debt Basics - Bailiff Guide - know your rights

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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I would say not all vechicles are tools of the trade even including a black cab.

 

Do you know must black cabs on the roads in london are owned by one or 2 people. The people driving them lease them from these owners. I know the Inland Revenue are quite happy for black cabs to be taken. The driver can always go and hire another one, the same as PCO drivers.

 

I would think it is only for specialised vehicles which could not be removed.

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  • 6 months later...

Pizzamaker, you are slightly wrong. A london taxi can only be owned by one person or a company. Bailiffs(not HMCS) CANNOT take a london taxi or pco private hire car, they fall into tools of the trade.

Bailiffs will always use the excuse "you can hire one", but, and this is a big but, I cannot find anything in law that says if you can hire a vehcile bailiffs can take yours.

I had bailiffs turn up and try and take my private hire car and the police were called, bailiff came out with "he can hire one" excuse. I got a copy of the 1982 magistraites court act out of my car and showed it to the police, police told bailiff to leave.

You have to know the law, to fight the law.

All I ask is to be treated fairly and lawfully.

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