• Welcome to the LegalBeagles Consumer and Legal Forum. Please register to get the most out of the forum. Registration is free and only needs a username and email address.

#bailiff seized vehicle not belonging to debtor

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #bailiff seized vehicle not belonging to debtor

    My friends vehicle has been seized and a notice of sale has been received. I am the debtor. I have included this debt in my bankruptcy which was approved a day after the bailiffs came. The Official Receiver accepted evidence that this vehicle was not my asset.

    My friend has provided a receipt, a bank statement, a sworn statement and a letter from DVLA confirming the car has not been in my name since February 2017. The v5 was temporarily in my name for insurance purposes as I was borrowing the car. The vehicle was seized in November 2017

    The owner has submitted an N244 application. I have submitted a form 4 in relation to a massive list of complaints about the bailiffs conduct. I have also written complaints to both the bailiffs (DCBL) and the creditor (UKCPM)

    The vehicle was due to be sold this Monday but I have not seen it on the auction website.

    It has been reported to the Police and they have said it is a civil matter. DVLA have also been made aware.

    The original creditor and bailiffs are refusing to respond to any emails. On the last phone call I had with them I was told the evidence provided was not enough to prove my friend owned the vehicle as I have to prove I never purchased it. I have emailed them asking if they would like a years worth of bank statements to prove no funds ever left my account for this vehicle. I have no idea how else I can prove I never purchased it or how else my friend can prove it is his.

    The only response I have had from DCBL is that the vehicle will not be returned until after the N244 application hearing. Does this mean they are planning on charging the owner storage fees if the Judge deems the vehicle is in fact his?

    If the Judge for some unknown reason deems this vehicle is owned by me can they legally sell it if I have been made bankrupt?

    I have spoke to CAB, national debtline, payplan and a whole load of other agencies. Any advice would be greatly appreciated!
    Tags: None

  • #2
    I don't doubt your story, but how do you come to be on the V5 if you never (before your friend) owned it. I can drive other cars on my insurance without putting myself to the hassle of being on the V5. If I borrowed wifes car for 6m I still wouldn't change the V5 (adding another keeper to the car devaluing it).

    Where was it bought from, and was that by your friend or you? - I presume the sworn part is from the previous owner/dealer.

    I get that a V5 doesn't prove ownership but from watching Can't Pay... on TV I know the onus is on you to prove that you don't own it, as presumably the last V5 evidence is that it was yours.

    How about copies from your insurance to show the exact period you were the keeper? extra evidence.

    As for the rest, can't help, sorry.

    Comment


    • #3
      You have previously posted this here: http://legalbeagles.info/forums/foru...ging-to-debtor
      My posts on this forum are offered based on my experience dealing with a variety of life events. I have no formal legal training and if in doubt take professional legal advice or contact the CAB. If you follow anything I write on this forum you do so at your own risk and I accept no liability for any loss, costs or other out comes.

      Comment


      • #4
        Originally posted by Laticsforlife View Post
        I don't doubt your story, but how do you come to be on the V5 if you never (before your friend) owned it. I can drive other cars on my insurance without putting myself to the hassle of being on the V5. If I borrowed wifes car for 6m I still wouldn't change the V5 (adding another keeper to the car devaluing it).
        But your example above is slightly different in that you are using your wife's car on your own insurance, but the car is already insured in your wife's name, if it wasn't it would be illegal to drive it on the road.

        Some, not all insurers demand that the insurer is also the registered keeper, I have just had this, I purchased my wife a new(er) car, I am keeping her old car & we have now sold my car, when I came to move the insurance around, my insurer wanted to know I was the new keeper, I explained that I wouldn't be for your above reason, they informed as it was in my wife's name & living at the same address it wouldn't be necessary. But I have tried to use online comparison sites in the past which refused to quote.
        Sorry i'm just thinking out loud, it might be irrelevant, I am not employed in anyway in the legal profession, please ensure you research any advice I give before using it I have been known to be wrong on multiple occasions.

        Comment


        • #5
          Originally posted by Phaeton View Post

          But your example above is slightly different in that you are using your wife's car on your own insurance, but the car is already insured in your wife's name, if it wasn't it would be illegal to drive it on the road.

          Some, not all insurers demand that the insurer is also the registered keeper, I have just had this, I purchased my wife a new(er) car, I am keeping her old car & we have now sold my car, when I came to move the insurance around, my insurer wanted to know I was the new keeper, I explained that I wouldn't be for your above reason, they informed as it was in my wife's name & living at the same address it wouldn't be necessary. But I have tried to use online comparison sites in the past which refused to quote.
          Nope you've lost me!

          My certificate makes no mention of the other person's insurance, indeed I drive pool cars at work and they have no other insurance at all as the responsibility lies on the driver not the owner to be insured, and I can't drive one if I don't have that type of policy.

          Surely the same applies to hire cars they don't have insurance on them.

          Say wife was incapacitated for an extended period, they might not renew the insurance on their own car, yet I'd still be OK to drive it on my policy (road tax only relies on MOT if needed doesn't it)?

          Comment


          • #6
            We're going off at a tangent, but you had best check with your insurer what you think your cover is what your cover actually is. Most insurers allow you to drive another car as long as that car is already insured by it's owner. If as you say you can drive any vehicle owned by anybody why would you insure your car for what it is, why would you not give it to your wife & insure the cheapest car that you can find.


            This is my policy

            SUBSECTION 5
            Driving other cars.
            If Your Certificate of Motor Insurance permits You, the Insurer will also cover You, the policyholder, for Your
            liability to other people while You are driving any other private motor car which You do not own or have not hired
            or leased as long as:
            a) the vehicle is not owned by Your employer or hired to them under a hire –purchase or lease agreement; and
            b) You currently hold a valid and full UK or European Licence; and
            c) the use of the vehicle is covered under the Certificate of Motor Insurance; and
            d) cover is not provided by any other insurance; and
            e) You have the owners permission to drive the vehicle; and
            f) the vehicle is in a roadworthy condition and has valid tax, MOT and Insurance in its own right; and
            g) the vehicle stated on Your Certificate of Motor Insurance is still owned by You.
            Last edited by Phaeton; 1st February 2018, 13:10:PM. Reason: Adding my policy subsection
            Sorry i'm just thinking out loud, it might be irrelevant, I am not employed in anyway in the legal profession, please ensure you research any advice I give before using it I have been known to be wrong on multiple occasions.

            Comment


            • #7
              blimey!

              Comment

              Announcement

              Collapse
              No announcement yet.
              Loading...

              upgrade to vip

              Want exclusive access to forums, more privacy and a live chat box? Upgrade to become a bigger part of our community.

              only £15/yr

              Offers available. No subscription traps.

              sign up now

              Resolver is a free automated complaints system that can help with all kinds of consumer complaints - including missold PPI and Package Bank Accounts.

              make a complaint



              Search and Compare fixed fee legal services and find a solicitor near you.

              Find a Law Firm


              Working...
              X