Notice of immobilisation

[heavenforbid]

Hi,

I'm currently subject to a high court writ.*

The week before last I went outside and seen a notice of immobilisation on my friends car. No clamp or anything like that. I am the registered owner and driver I am also insured on the vehicle. However I did not buy the car. My friend bought the car using his credit card. They bought it so I drive them to work and back since he does not have a driving license. they work far away and it's a long drive and not that accessible without a car.*


Anyway since the immobilisation the owner has showed the enforcement officer the receipt of purchase, the bank statement showing the purchase, the contract from the place of purchase and the card they used to purchase. To be honest on the insurance I did say I was the owner and the registered keeper to keep the insurance low, don't want to pay over the odds for something that technically can't prove.

The bailiff stumbled off with copies of the evidence to pass on to the bailiff company, which is marstons


Neither he or I have heard anything back from them but I called them today just to find out what is happening and I got some cretin on the other end saying they can still take it because I'm on the logbook. I told him it's not proof of ownership etc but to cut it short, he said that "they" referring to marstons will not accept what the owner sent as proof. but they haven't been back to try and take the car they supposedly "immobilised" what even is that anyway?


So now we're in a situation. My friend is awfully upset with me for the situation I've put him in. I tried very hard to arrange payment with the credit and the baliffs initially. But they would only accept full payment no installments. I did try hard every day calling them. I just couldn't afford a full payment. Now since the bailiff has visited and added an extra £500 onto the debt. Now i've gone militant and refuse to pay as I think it is morally evil and I'm not going to be a victim of creating profit margins for this evil corp.*


My friend is going to change the registered keeper back to his name now and revoke my insurance privileges... He said he may let me insure myself on his vehicle but only as a 3rd party, so telling the insurer that I'm not the owner or keeper, making the premiums sky high.


He was also advised to sell the vehicle or part trade it, but he really likes it so doesn't want to. So my question is, if push comes to shove and they do clamp it is it clear cut that he is the owner? He has the receipt and bank statement, contract showing the purchase in his name alone.


Would him changing his name back to the registered keeper and revoking my insurance be enough to convince them to f off or will they clamp it regardless and have a good shot at rebuffing my mates claim at court?

Cheers mateys

[Law Student 2]

Hi,*

Immobilisation is essentially any object or mechanism attached to a vehicle that does not allow movement, such as a clamp. When Bailiffs clamp a car they have to provide a notice of immobilisation with a number to contact them on. *

Usually, receipt of purchase of a car would be enough to prove ownership. Did you ask the company on the phone what they would accept as proof of ownership? Also, why receipt of purchase is not sufficient. The DVLA only record the person who uses the car on the road, so the registered keeper, not the owner. They may have looked at this and assumed you are the owner, however, the receipt of purchase should be enough to prove otherwise.

The registered keeper of a car would not constitute proof of ownership. So your friend changing their name back to registered keeper unfortunately would not help that much.

It may be worth contacting directly the creditor to explain the situation. I know you have said you are now reluctant to pay, however, if you contact the creditor directly they may be willing to accept payment in instillations.*
Also, if you manage to reach an agreement with the creditor this would stop bailiff payments stacking up.
If you do contact the creditor try to do it over email, so you have evidence of the communication.*

You could also try to issue a complaint to the bailiff company. Legally, a bailiff cannot take property that is not the debtors and proof or purchase shows the car is not your property, therefore, they should have no legal grounds to take it. If you did want to issue a complaint this link expands on how you could go about that https://www.gov.uk/your-rights-baili...bout-a-bailiff

Hope this helps

[ostell]

If you contact them I would suggest letter first class post with free certificate of posting from a post office.

the email system does not, and never has done, guarantee delivery.