Marstons taken a vehicle for partners debt

[Tjd1991]

Can anybody help me here currently on holiday and Marston have recovered a vehicle for my debt unpaid bridge crossing.... the vehicle is registered to me via v5 as I'm using it taxed and insured but the vehicle was actually purchased by my partner and is owned by her she can't drive it due to having to take test after points within 2 years

Spoke to them today and there saying make a 3rd party claim asking for allsorts of info like proof of payment which we have her bank statement and reciept

But they are asking for insurance certificates proof of tax and so on

I understand I have the debt but not really down to her to pay

Is this legal they have said as I'm the keeper it won't be released until its paid in full

They towed it backwards in 1st gear and handbrake on I can only assume that the car will be damaged

Thanks

[R0b]

Hi,

There is a process for 3rd party claims to goods seized by a bailiff and that process is set out in Part 85 of the Civil Procedure Rules. Essentially, your partner would need to make a written claim to the Marstons setting out the basis of the claim in accordance with rule 85.6.

Marstons are legally obliged to notify the creditor of the claim and then take their instructions as to whether they dispute the claim. It's not always clear whether bailiffs follow this step or just make decisions themselves on behalf of the creditor but nonetheless the procedure must be followed and if they don't then there would be consequences.

If the claim is disputed, your partner would need to make an application to the court at a cost of £255. The general rule is that the value of the goods must be paid into court as well. If your partner can't afford that, she needs to make a further application requesting that the amount to be paid should be less or for nothing to be paid. A court will decide whether the goods are to be released.

Again, bailiff firms want people to go down this route because it's costly to do so and most will give up and the goods end up being sold and then life becomes more difficult if your partner wants to claim against the creditor or the bailiff company.

Personally, if your partner has provided a receipt of the sale together with payment from her bank account, I can't see how Marstons are able to suggest there is a reasonable suspicion that the car doesn't belong to her. It's a pretty weak case for them to say because you are the registered keeper they believe the car belongs to you when the V5 clearly states that the registered keeper is not proof of ownership.

The link to CPR 85 is here: PART 85 - CLAIMS ON CONTROLLED GOODS AND EXECUTED GOODS (justice.gov.uk)