Copied from another forum

 

Ask your Dad to "sell" the car to you.

Make a reciept up to give to your Dad for sale of the car to yourself. Registered keeper is not actually owner of the vehicle so you can still own the vehicle despite your Dad's name on the log book. If they attempt to remove the vehicle then it is considered unautorised taking as they cannot seize goods that do not belong to the person that owes the debt.

It'll take you 10 minutes on Excel.

 

if i were you i would get in contact with the council asap and arrange a payment plan with them,which they will do,in that case if the balifs do come back and try and take the car etc you have grounds to stand on once your sorted with the council,but for now untill you sort it with the council i would move the car asap and any valubles out side the house,also tell your dad to keep all the windows and doors closed and locked,if there is a window open they can enter the building without it being breaking and entering,also if they come to the door dont let them put there foot in the door if they do that,that is also not breaking and entering.

hope this helps and get in contact with that council asap

 

Even if he did that according to the letters the car is seized even though no WPA has been signed or no clamps put on, is he obliged to sell the vehicle?

Car is far far away, My dad has run into baliffs, we know not to let them in, open windows or anything similiar.

 

i agree thats a good idea

 

move the car asap
he needs to back himself up before he looses it.

 

Like I said, the car is far far away.

 

ive had a similar thing sorted it with the coucil and when the balifs came back round told them ive sorted it with the council and job was done think mine was for a stupid amount of 200 quid something like that

 

cool just phone the council monday and sort a payment plan out,its the only way,wont be alot 10 quid a month something like that

i hate the council

 

Dad became ill two years ago, was let off work on medical grounds we then lost our house, and the council tax is all the way from then, and we haven't heard anything about it, it came as a bit of a surprise.


Dad isn't well at the moment either, pain in the arse.

 

Pay the money you owe! Simple

 

If he 'sells' the car but keeps the log book in his name how will he get insured ?

 

If only it was that simple ...

 

they will try to seize the car unless you can prove that it is owned by someone else...
owned being the legal owner even if your going to predate the receipt for years ago any court will look at it in a suspicious way... espescially if it was at any stage registered to your father...
they can clamp it at any time and then get it lifted/towed ... no matter where its found ..

best bet .. contact the council explain the situation and ask for proof they tried to contact you about the outstanding ammount as you had no idea about it .. they should have court letters etc saying they are taking you to court over the debt...
then go to the c.a.b. as soon as possible... they can advise you very well in these situations ..

 

sometimes its not that easy for folk to find £300 though is it??

Whilst thats youre answer, you obviousley can afford it, give them the money to pay the bill with

Other than that you can sort out a payment plan with the bailifs because it might be too late now with the council as they "sell" the debt on i believe (appologies if im wrong there)

What you do have to watch is that everytime they have to do more paperwork, the bill goes up and it aint by a couple of pounds and the bailifs just end up taking everything and sell for jack shite.

As said, sell the car to someone for a £1 with a reciept then thats safe, then try and set something up with the bailifs maybe £10-15 a week, youll be suprised what they will take if they know they are getting money back.

Be aware if you break the agreement they will bend you over.

 

thanks for the support steve, and everyone else, one company said after the second visit they would send the debt back to the council, we're not 100% on this but i'll try to contact the council tommorow, my dad can't used the phone he has a very bad case of glue ear, I have to talk very loudly for him to hear me, so wish me luck.


bailiffs won't be taking anything inside the house, they'll never be allowed in..

 

By the normal means?

The car cannot be taken regardless of the letter above if he doesn't own it. He personnally owes the money and they will take his belongings, auction them off and pay off the council. If they have not taken the car immediately then they have not siezed it. Make the reciept out and pre date it a month prior to the date on the correspondence you posted above. You will have owned it from this point on but your Dad is the registered keeper and regular user of the vehicle, authorised by yourself to use it (the owner of the vehicle, proven by ther reciept issued to your Dad. Keep a copy for yourself).

I would still try to come to an arrangement with the council to pay it back in small amounts.

 

yes your right they will send it back to the council and thats your chance to sort something out with them

 

What i mean is, say dad sells car to son, and makes out a receipt so now son owns car, but if the bailiffs look deeper and into the insurance policy and it says on their system, dad is the legal owner and insured only for said vehicle.

Or can they not dig deep into the insurance like that ?

 

Well, 100% sure bailiffs have access to the DVLA just as the police do, so i'd imagine so, i'm going to attempt to get some sense out of the council to try and come up with some payment plan so we can pay what we can, but pretty sure they'll be closed tommorow.

I'm not sure if they're open on a saturday but i'll try tomorrow.

 

Sorry wasn't trying to sound like a cock. I was just saying it's better to pay the bill then find ways of not paying and keeping the car ie payment plan.

 

i pretty sure thhey can can get a court order to enter the house with force if needed so one way or another they will take something

 

I'm hoping that they will return the debt before it gets that far, or some payment plan will be arranged.

 

Insured driver is not the legal owner. It doesn't even have to be registered keeper. You insure a vehicle as a driver and not as an owner.

I can take a policy out on my mates car that is uninsured then start using it. Neither do I own it or am I the registered keeper. I could then register it in my name if I started to use it more as a daily car, or just on a regular basis. Legal title still remains with my mate until sold (which could then be documented with reciepts to prove sale of title of goods).

 

it will be monday morning but thats the best way,it wont be a lot and its peace of mind for your dad and you

 

pink floyd wish u were here

 

Surely if they take any goods not belonging to your father, you can have them charged with tresspassing, theft etc ?

Is the house owned of rented ?

Wouldnt they need proof of ownership of anything before they can actually steal it ?


It's little surprise there arent any bailiffs over here. I can just imagine how long they'd last before either getting shot, or severe beatings. lol

 

Just to be clear, the car is my fathers.

House is privated rented.

They need to be allowed onto the premises before they can take anything, but it can get to a point where they have court backing and police support where they can break in and take things, but like I said it should'nt go that far.

 

but it is very easy to change ownership to yourself

 

sorry but they have used a notice of seizure on it .. they can take it at any time ...
the same as they enter your house they look for anything of value and note it down...
they can not take it if is legally owned by someone else... but you have to prove that it is ...
they can get shitty and go back to court if the car ownership changes soon after the date of issue ... thiink they use the v5 as proof if i remember ..
i looked into this a few years ago for someone ...

 

in nottingham-crown court building(same anywhere i suspect) go to the place where you pay your fines ,there should be a bailiifs office there where you can get a form to have shall we say a stay of execution of the
siezure notice-immediatly!!!!!!!!!!!!
fill in the form and you will have to go before a magistrate at a later date to pay £1.00!! a week oor whatever depending on your circumstances-do it asap_monday??
this initail action when you first go to fill it in(there and then!) will put an stop to any bailifs actions -they then have to wait for the court outcome!!!!!!!! weeks!-months-!!!!-good luck

 

im pretty certain they cant take a disabled persons vehicle where the vehicle is his only means of getting round.

also they cant take anything needed to do your job so if the cars vital for work thats another reason.


also whatever you do, do NOT pay a penny to the baliff. pay it to the council direct. Same with court fines. the charges are only legally enforcable if you pay through the baliff.

when the baliff gets bored and returns the account to the council for further enforcement, all the baliff charges come off.

I did that with a court fine i disputed and refused to pay. Baliff cunts tried to up the fine from £140 to £380 . Funnily enough i never heard from the baliff once i had settled the matter direct with the court.

 

Not planning on paying the bailiffs, if we was notified previously but it came out of the blue, so we was shocked to see this 300 pound bill at our door.


but I will try to arrange payments directly VIA the council, the bailiffs haven't received a penny.


one things I noticed...

Both letters came at the same time, the bailiff dropped them both of in a closed envelope just before leaving our street, one is dated on the 20th of june, and one is dated on the 25th, i'm sure these where written on the same day and they are dated 5 days apart from eachother, the bailiff came on the 25th, just to clear that up.

 

http://www.insolvencyhelpline.co.uk/...liff-guide.php

at the end of the day, this is a public forum and what is mentioned here is normaly only 2nd hand info.

Take a read of the link above and see what you make of it in YOUR situation, it may help,it may not.

good luck anyhow.

steve.

 

Even if it's not his Dad's? Thats why I said they can't take it if the car has documented proof that the car doesn't belong to his Dad.

 

they can take anything whether you say it belongs to tom dick or harry, it is up to the owner to prove they own it afterwords

as its a council debt they have more powers then if it was a private debt, part of the law looking after its own, no baliff can force their way into your home without a warrant

if the baliff has been in the house once then they can go in through window unopened door etc but if they havent been in the house then they cant do that

 

here you go mate, taken from another forum with the question can bailiff's take a disabled car

link here
http://www.consumeractiongroup.co.uk...-disabled.html

have a look at this as well mate

http://www.opsi.gov.uk/si/si2007/uksi_20070810_en_1

 

I did see this but the documents say that they are vunerable they dont say they can or can't take the car, everything is just so unclear.

 

have a look at that last link, its the regulations for the private Security Industry Act and iirc all bailiffs need a sia card these days (feel free to correct me if iam wrong), so under their own regulations they cannot remove a car that belongs to a disabled user

Additional conditions for front line licences for the immobilisation, restriction, removal of vehicles
6.—(1) The granting of a licence to a person to engage in front line licensable conduct which involves the carrying out of any activities specified in regulation 4(4)(b) or (c) (immobilisation, restriction and removal of vehicles) shall be subject to the conditions specified in paragraph (2).
(2) The conditions specified for the purposes of this paragraph are—
(a)the licensee shall not immobilise, remove or restrict a vehicle in accordance with paragraph 3 or 3A of Schedule 2 to the 2001 Act if the vehicle is an invalid carriage or if a valid disability badge is displayed on the vehicle or if the vehicle is an emergency vehicle which is in use; and
(b)the licensee shall, on collecting any charge for the release of a vehicle that has been immobilised, removed or restricted in accordance with paragraph 3 or 3A of Schedule 2 to the 2001 Act, provide a receipt which contains the information specified in paragraph (3).
(3) The information specified for the purposes of this paragraph is—
(a)the location where the vehicle was immobilised, removed or restricted;
(b)the date on which the vehicle was immobilised, removed or restricted;
(c)the name and signature of the licensee; and
(d)the licence number of the licensee.
(4) In this regulation—
(a)“invalid carriage” has the same meaning as in section 253(5) of the Road Traffic Act 1960(7);
(b)“disability badge” means a badge issued under section 21 of the Chronically Sick and Disabled Persons Act 1970(8); and
(c)“emergency vehicle” has the same meaning as in regulation 3(2) of the Road Vehicles Lighting Regulations 1989(9).

 

they can put a seizure on the car as security for a payment.. and they can if they wished just uplift the car and sell it without you permission.. although bailiffs usually don't want to enter your house unless they really have too. its easier to take a car.