Baliff is trying to sieze my daughters car.

[MPThompson]

I had a bad experience last year with a man from Scotland who bought a second hand car from me.
He drove it back to scotland 450 miles used it for 10 weeks and then took it for a free 50 point check.
After the check the garage highlighted some problems which had not surfaced on the MOT and he wrote to me. I wrote back and he wasnt satisfied, he took me to the sherrifs court in Edinburgh. I live in England 450 miles away so I wrote to the court to explain. No reply. I got another letter from the buyer of my 15 year old car and he said the court awarded him £1600 even though he only paid £1250 for the car. I wrote back but he wasnt happy, now I have a firm of baliffs threatening to sieze my daughters car the debt is now £4200 and rising at the rate of £720 per visit. I told the baliffs the car is not mine and asked them to check with DVLA. They refuse to listen I have not recieved and notice of siezure I keep getting threatening phone calls but I have no paperwork from them, just threats! what shall I do?

[Hurricane Puffrose]

Re: Baliff is trying to sieze my daughters car.

Firstly, may I suggest you ask for everything in writting from now on.
Ask to see the Court Order granting the money, plus something on headed paper, complete with their Baillif Licence details. They have to provide it. It's very easy to hand a friend a phone and say "tell them your a baillif".

Also the fees are FAR too high, ask which court granted the order, and speak with them regarding the fees.

I will ask a friend who lives in Scotland to look at this thread, as im uncertain of Scottish Law.

[labman]

Re: Baliff is trying to sieze my daughters car.

I don't know the law re Scottish sheriffs, or fines being transferred to bailiffs in England or Wales. However, I do know that if the debt is yours, they should not be trying to levy your daughter's car. Equally, I know it is up to you to prove to the bailiffs the car does belong to your daughter, so I would do that asap.

[Bill-K]

Re: Baliff is trying to sieze my daughters car.

This sure looks like a scam by a chancer to me. As Puff says - you need to keep EVERYTHING in writing from now on.

If you have been cited as the 'Defender' in a Sheriff Court, then you should have received notice of this directly from the court. Did you ?

If not, then it sounds like he's trying it on. If you DID, then we need to take it from there.

My bet is that you're being scammed by a chancer, and now by another set of chancers - namely the bailiffs.

Bluebottle would know, I'm sure - but I'm pretty sure those bailiffs have NO chance of seizing your daughter's car. If they did, then they would be guilty of theft, IMHO. THEY know that, but they are hoping that YOU don't.

Chill, mate - just DON'T phone these creeps.

[bluebottle]

Re: Baliff is trying to sieze my daughters car.

If the sale took place in England or Wales, any dispute is subject to the jurisdiction of English Law. If the sale took place in Scotland, then it is subject to the jurisdiction of Scottish Law. You simply cannot issue proceedings in Scotland for a dispute arising out of a transaction that took place in England or Wales and vice versa.

What makes me suspicious of the buyer and these bailiffs is the fact you received no paperwork from the Sheriff's Court and the Sheriff's Court has not replied to your correspondence. The £1600 the buyer says you owe him can be accounted by the original claim of £1250 plus court fees. However, court fees are capped. Can he account for an extra £250?

As for the bailiffs who are harassing you, which firm of bailiffs is it, please? I have doubts as to whether a warrant of execution issued in a Scottish court can be executed in England or Wales and vice versa. The two legal systems have their similarities, but, strictly speaking, trying to execute a warrant extra-terrestrially is a no-no unless the law states it can. In that respect, it is for this Caledonian Cretin and the bailiffs to prove the warrant is legally-valid. If they can't, then they need to be warned, very firmly, that any attempt to seize your daughters car would amount to Theft and will be dealt with accordingly. I have serious doubts as to whether a bailiff in England or Wales, brandishing a warrant of execution from a Scottish court, would succeed in convincing a police officer he was acting lawfully. The officer would be on his/her radio to their station straight away.

In the event you have to have the Caledonian Cretin dealt with, Lothian & Borders Police HQ is in Edinburgh. Their telephone number is 0131 662 5000. The force's non-emergency number is 0131 311 3131. Their email address is enquiries@lbp.pnn.police.uk.

[ploddertom]

Re: Baliff is trying to sieze my daughters car.

Sounds to me like our good old friends from Braintree in Essex, you may have to apply for a Stay of Execution against them.

[MPThompson]

Re: Baliff is trying to sieze my daughters car.

Thank you for your reply, I have asked for things to be in writing and I did get a scanned copy of the high court notice but it doesnt mention any levy's on anything and the only person to mention my daughters car was a Mr Amed from the baliffs office on the phone. Again I asked for something in writing but nothing has appeared, I have asked my daughter to park away from the house until this matter is resolved.
Is there a process for getting the baliffs fees itemised?

[MPThompson]

Re: Baliff is trying to sieze my daughters car.

thank you the citizens advice people said the warant is not enforcable and the firm of baliffs is sherforce in india and essex.
I have asked for everything to be sent in writing I have notified them in email that my daughters car does belong to her and have them confirm with DVLA.
Without actualy seeing any levy details I dont know if they are just trying to panic me or wind me up.
I don't agree with the debt but there seems little I can do to fight it. I dont agree with the baliff's charges but I think I stand more chance of resolving these through the court system.