Can they do this???

[cazindevon]

Can the bailiff seize a car that belongs to my partner although the debt is in my name and we are not married but live together?
A fat sweaty Rossendales pig called yesterday and threatened to take my partner's car and said that he needed to see the insurance docs to confirm that it was indeed my partners car and then he had the right to remove it!!!
My partner gave him 250 quid and agreed to pay the rest next week while I was inside trying to contact Rossendales head office.
I was livid!!! I am sure that he could not have been allowed to take the car considering also that it was the only means that my partner had to travel to work each day and take my son to and from school! We live in the sticks so he would be stranded without the car!!
I just need to know for sure if I was right or if he could legaly take it.

[Caspar]

Re: Can they do this???

My understanding is that as long as you can provide the log book to prove that the car is hhis and not yours, then the bailiff has no right to levy on it for a debt which is not yours. They are supposed to take "reasonable steps" to ensure it is, however that may be defined. I think they often view this as being parked outside your house rather than checking with the DVLA to whom the car is registered.

To be fair to the bailiff he did ask you to provide proof. Given that you live together, is there a reason why this proof was not provided?

[Amy]

Re: Can they do this???

What is this debt for?

If it is for council tax, then it is a joint and several debt and the onus is on you to prove ownership of the vehicle.

Any other debt, unless it is a CCJ in joint names means you do not not have to prove ownership or show the bailiff anything.

[CleverClogs]

Re: Can they do this???

Was the bastar... bailiff Mr gormless Gilmour (see previous thread --> link) or was it another of their pathological liars?

[Caspar]

Re: Can they do this???

Any other debt, unless it is a CCJ in joint names means you do not not have to prove ownership or show the bailiff anything.

....... though you may choose to do so voluntarily in order to stop "your" car being clamped or removed.