Control of goods not my debt

[Gfromleeds]

Hello my wife yesterday had a bailiff call, over an unpaid debt. £300 but now seams they want nearly £2000
firstly I've read that she should have received a letter stating they were going to call and we haven't received anything!
she refused to open the door and (through the window)told him to post details of the debt and she'll sort it!
he insisted that if she let him in he can sort things out here and now! To which she refused and closed the window!
About 5 minutes later a piece of card came through the letterbox (control of goods agreement) with mine and my daughters vehicle details on!
She again opened the window and shouted "what's this'
He replied " if you won't let me in I'll take the cars"
she told him there not hers to which he said "you'll have to prove that in court!"
now there's no stickers or clamps on either car and although my daughters v5 is in her name, I have receipts for both cars clearly stating I bought them cash!
can anyone advise what to do now as he's give no details on what to do.
Also it says on the control of goods agreement (which she didn't sign) she cannot allow anybody to move the items! However neither of them are hers to enforce that so how do we stand for using them/removing them as I work 35miles from home so my car is essential!

[Gfromleeds]

He said she has 7 days to pay the £2000 or he'll come back for the cars but we're not in a position to pay that at the moment

[echat11]

Hi GFROMLEEDS

Council debt?

The first thing to do is raise a complaint against the bailiff, all firms has a complaint procedure, it will be on their website, mark the letter as Formal Letter of Complaint. He should be following the procedures laid down, you should get a letter before any visit. The vehicles are for work so he can't take them. Was he wearing a mask, as someone in the household might be clinically vulnerable to COVID. If it's a council debt, send a copy to the council. The debt might then be returned to the council.

https://www.citizensadvice.org.uk/de...take/bailiffs/

Here is a template, if it applies (vulnerable person) -

https://www.nationaldebtline.org/sam...vulnerable-ew/

If the cars are used for work, bailiffs can't take them

https://www.citizensadvice.org.uk/de...iffs-can-take/

It might be an idea to park the cars somewhere else if you can.

[jaguarsuk]

now there's no stickers or clamps on either car and although my daughters v5 is in her name, I have receipts for both cars clearly stating I bought them cash!

The v5 is not proof of ownership, that's why it says that on the v5, but the receipts prove your wife did not buy the cars.

You need to contact the bailiff firm via recorded letter to inform them the vehicles are owned by you, put a copy of the controlled good agreement in, a copy of the receipt and ask for them to release the goods within 14 days.

Inform them that should they refuse or fail to do so in that time that you will seek legal advice and may commence proceeding to obtain an order from the court for them to remove the control of goods, plus you will seek the costs of such proceedings be awarded to you by the court against them.

[Gfromleeds]

No we think its an old credit card bill but the creditor is a solicitor now!
I don't know if he was waring a mask I wasn't home at the time.
That's probably a good thing cos if id heard him carrying on with my Mrs like that id probably flatten him lol..(nobody upsets my mrs)
the cars are not used FOR work but mine is needed to get to work if that counts? but either way, the way I've read up about it they should be safe? because I've got proof they don't belong to her! Or could it be a husband wife thing ?

[Gfromleeds]

The v5 is not proof of ownership, that's why it says that on the v5, but the receipts prove your wife did not buy the cars.

You need to contact the bailiff firm via recorded letter to inform them the vehicles are owned by you, put a copy of the controlled good agreement in, a copy of the receipt and ask for them to release the goods within 14 days.

Inform them that should they refuse or fail to do so in that time that you will seek legal advice and may commence proceeding to obtain an order from the court for them to remove the control of goods, plus you will seek the costs of such proceedings be awarded to you by the court against them.

Would the bailiff firm be the court or the solicitor?
I'm not home now but think it was lowell solicitor? Or something like that

[Gfromleeds]

Are we allowed to move the cars? It says on the note she may be liable for prosecution if there moved

[jaguarsuk]

Would the bailiff firm be the court or the solicitor?
I'm not home now but think it was lowell solicitor? Or something like that

No, it would be the firm listed on the control of goods that they put through the door. For £2,000 it's likely they are High Court Enforcement Agents, but you'll need to find out which firm they are working for.

Yes you can move the cars because the cars don't belong to her, she can't be prosecuted for the owner moving something they have listed because they are not hers, she has no control over them plus the bailiff (or HCEA) was told they don't belong to her.

[echat11]

Would the bailiff firm be the court or the solicitor?
I'm not home now but think it was lowell solicitor? Or something like that

Sounds like Lowell Portfolio has bought the credit card debt.

If it is Lowell's then, they have a online contact form - https://www.lowell.co.uk/complaints-procedure/

[Gfromleeds]

No, it would be the firm listed on the control of goods that they put through the door. For £2,000 it's likely they are High Court Enforcement Agents, but you'll need to find out which firm they are working for.

Yes you can move the cars because the cars don't belong to her, she can't be prosecuted for the owner moving something they have listed because they are not hers, she has no control over them plus the bailiff (or HCEA) was told they don't belong to her.

Cool thankyou
if it does go as far as them coming to remove the cars can we refuse to let them?
Do we have to co-operate? Ie. Give them the keys ect... or do we make it as hard as possible? Lock the gate, let the dogs out park another car infront of the drive ect...!

[jaguarsuk]

Cool thankyou
if it does go as far as them coming to remove the cars can we refuse to let them?
Do we have to co-operate? Ie. Give them the keys ect... or do we make it as hard as possible? Lock the gate, let the dogs out park another car infront of the drive ect...!

If they turn up they won't turn up with the tow truck straight away, they'll want to see if you'll pay first and at that point establish that the cars are yours by showing them the receipts. They'll have probably clamped the cars, so tell them to remove them or else you'll call the police.

If they continue and a truck comes you call the police because they would be attempting to commit the criminal offence of taking a motor vehicle without the owners consent and then you sit in the car to prevent them lifting it, but it shouldn't get to that.

[Gfromleeds]

If they turn up they won't turn up with the tow truck straight away, they'll want to see if you'll pay first and at that point establish that the cars are yours by showing them the receipts. They'll have probably clamped the cars, so tell them to remove them or else you'll call the police.

If they continue and a truck comes you call the police because they would be attempting to commit the criminal offence of taking a motor vehicle without the owners consent and then you sit in the car to prevent them lifting it, but it shouldn't get to that.

Lovely I thought it would be something like that but didn't want to risk them calling the old bill and me getting into bother!

turns out the wife has phoned lowell solicitors today and said she's not received any prior correspondence from them and they said if she pays the £300 in 1 payment they will call the dept collectors off! So I've lent it off my mum!

however they said the bailiff may try to claim "expenses" from us! Can they do that?

[echat11]

Lovely I thought it would be something like that but didn't want to risk them calling the old bill and me getting into bother!

turns out the wife has phoned lowell solicitors today and said she's not received any prior correspondence from them and they said if she pays the £300 in 1 payment they will call the dept collectors off! So I've lent it off my mum!

however they said the bailiff may try to claim "expenses" from us! Can they do that?

They need to take back the account from the the bailiffs before you make the settlement offer of £300.
You are going to be no better off, unless you can get everything in writing, you need to send them a 'Full and Final Settlement Letter'. Email it to them, make sure you get confirmation in writing that they accept the settlement.

https://www.nationaldebtline.org/sam...tlement-offer/

The letter answers this bit, 'however they said the bailiff may try to claim "expenses" from us! Can they do that?'.

[jaguarsuk]

Lovely I thought it would be something like that but didn't want to risk them calling the old bill and me getting into bother!

turns out the wife has phoned lowell solicitors today and said she's not received any prior correspondence from them and they said if she pays the £300 in 1 payment they will call the dept collectors off! So I've lent it off my mum!

however they said the bailiff may try to claim "expenses" from us! Can they do that?

No, if the debt is settled they need to go back to the claimant for any costs they are owed, they aren't employed by you and the claimant should have gotten them their costs in settling with you.

Plus what they going to do if you don't pay?

The cars belong to you, they've got no leverage to make you pay whatsoever.