Bailiffs seized my friend's car

[Arial]

Hello everyone,

I hope someone can help me sort this out..
Several years ago (2000-2004) I lived in London. I shared a house with 3 other tenants. In 2004 I started commuting from abroad, and changed address in the UK. I was no longer renting or permanently living in the UK, but I still worked there as cabin crew, so I used my friend's address for official correspondence (bank statements, mobile phone bills, etc.). Since 2004 I've had 3 different addresses in the UK. From 2007, though I re-directed all my mail to my home country. Last week my friends sent me a message saying that Newlyn bailiffs visited their house and left two letters, saying that I owed money to Hounslow COuncil (one magistrate order dated 2005, and one dated 2006) and they were seizing the car they found near the premises, which would be sold if I didn't pay the amounts in the letters. It is not even specified whether they were requesting I pay the sum of the amounts on the letters, or the would the higher amount include the lower.
They tried to call Newlyn to explain that the car does not belong to me, but they refused to listen to them. Now they are worried about their mortgage.
Could anybody help...I read it's better not to contact Newlyn directly,so what should I do? I don't want to leave them in trouble. They are being harassed now.

[pepsie]

Re: Bailiffs seized my friend's car

What are the debts for, pcn or are you talking a liability order for Council tax etc.? hard to advise until we know this as they both require a different approach.

Pepsie

[teaboy2]

Re: Bailiffs seized my friend's car

The bailiff has acted illegally as the car is not yours therefore they have no right to sieze it. The bailiff should have checked for ownership of the car prior to placing a Levy. Tell you firend to make a formal complaint to the bailiff and provide a photo-copy of the cars registeration documents, making it clear that the bailiff is liable for the financial cost your friend has incurred as a result of not having access to his car, such as loss of earnings, travel expenses and damages for tresspass to property (property being the car). Make it clear that if the car is not returned to the point in which it was taken from in the exact same condition it was in at the time it was taken within 48hrs, that you friend will begin legal proceedings forthwith against the bailiff which may include a criminal prosectution via the police as well as a civil prosecution. The bailiff will also be responsible to pay for any repair of any damaged caused to the car whilst in the bailiffs prosession as well as any storage costs incurred by storing the car at a 3rd parties premises whilst the car was in posession of the bailiffs.

As for the debt itself, you need to do an out of time application assuming this is for council tax. Others will be along to help you with this.

[bluebottle]

Re: Bailiffs seized my friend's car

In addition to TB's sound advice, I would put Newlyns on notice the car belongs to a third party and that any attempt to sell the vehicle will constitute Handling Stolen Goods and render them liable to action by the police as well as prosecution. It might be an idea to instruct a legal professional to contact the local authority involved. A similar case to this came up on CAG a few weeks ago involving JBW and the third party's car was returned within 24 hours of the solicitor becoming involved.

[ploddertom]

Re: Bailiffs seized my friend's car

Is the vehicle subject to seizure or has it actually been removed? What paperwork are you left with?

[Arial]

Re: Bailiffs seized my friend's car

I have the letters in my phone. They arrived on the same day, the first one says: "Magistrates' liability order dated ...2005.
ARREARS OF COUNCIL TAX DUE TO LONDON BOROUGH OF HOUNSLOW
TOTAL OUTSTANDING: £622

DELIVERED BY HAND


.....In line with our client we have attended you property to SEIZE AND DISTRAIN your possessions...."

The first issue is:
IT IS NOT MY PROPERTY!!! I have never even lived there!
All my correspondence has been redirected in 2006 (or even earlier)

Second issue:
I was never in arrears with my council tax. My flatmate is still in London. She had also moved when I did, and she now tells me that she had also received letters from the COuncil

[Arial]

Re: Bailiffs seized my friend's car

It's not been removed yet. But they delivered the letters on Sept 12, and they had given me (them??) a week to pay.
The only paperwork are the two letters, which arrived on the same date.
I never received notice of them trying to contact me.
I posted the first letter, the second one is actually a NOTICE OF DISTRESS

By virtue of the Authority of a MAGISTRATES' COURT LIABILITY ORDER DATED AUG 2006....I have this day attended the property....to seize and distrain upon goods and..for the sum of £383

[Arial]

Re: Bailiffs seized my friend's car

A legal professional might be and idea, but I'm afraid it could cost me more than what they claim I owe them..

[bluebottle]

Re: Bailiffs seized my friend's car

Contact your local Law Centre or Community Legal Service (CLS) office. They can provide you with free or very low-cost legal advice/assistance. The local authority would be liable for any legal costs as it was their brain-dead enforcement contractors who illegally-seized a motor vehicle. The bailiffs need to be put on notice of their blunder asap. Any arguments like, "We have not," and a stolen vehicle report should be lodged with the police immediately. This will make it very difficult for them to sell the vehicle as the original owner still has lawful title to the vehicle - The onus is on the bailiff to prove a motor vehicle belongs to a debtor, not the debtor - and the police will stop and seize the vehicle from whichever mug buys the vehicle.

[ploddertom]

Re: Bailiffs seized my friend's car

When you left did you notify the Council you had moved?

[Arial]

Re: Bailiffs seized my friend's car

I don't live in the UK any longer.. What is the best way to notify the bailiffs from here? SHould my friends do it through the police in the UK?

Contact your local Law Centre or Community Legal Service (CLS) office. They can provide you with free or very low-cost legal advice/assistance. The local authority would be liable for any legal costs as it was their brain-dead enforcement contractors who illegally-seized a motor vehicle. The bailiffs need to be put on notice of their blunder asap. Any arguments like, "We have not," and a stolen vehicle report should be lodged with the police immediately. This will make it very difficult for them to sell the vehicle as the original owner still has lawful title to the vehicle - The onus is on the bailiff to prove a motor vehicle belongs to a debtor, not the debtor - and the police will stop and seize the vehicle from whichever mug buys the vehicle.

[Arial]

Re: Bailiffs seized my friend's car

Sorry, could you explain "out of time application" ? IS there a link for a template?

Hello everyone,

I hope someone can help me sort this out..
Several years ago (2000-2004) I lived in London. I shared a house with 3 other tenants. In 2004 I started commuting from abroad, and changed address in the UK. I was no longer renting or permanently living in the UK, but I still worked there as cabin crew, so I used my friend's address for official correspondence (bank statements, mobile phone bills, etc.). Since 2004 I've had 3 different addresses in the UK. From 2007, though I re-directed all my mail to my home country. Last week my friends sent me a message saying that Newlyn bailiffs visited their house and left two letters, saying that I owed money to Hounslow COuncil (one magistrate order dated 2005, and one dated 2006) and they were seizing the car they found near the premises, which would be sold if I didn't pay the amounts in the letters. It is not even specified whether they were requesting I pay the sum of the amounts on the letters, or the would the higher amount include the lower.
They tried to call Newlyn to explain that the car does not belong to me, but they refused to listen to them. Now they are worried about their mortgage.
Could anybody help...I read it's better not to contact Newlyn directly,so what should I do? I don't want to leave them in trouble. They are being harassed now.

[toobusy]

Re: Bailiffs seized my friend's car

bailiff cant take a car which is not registered in your name, so ignore that letter

[bluebottle]

Re: Bailiffs seized my friend's car

Do not ignore a letter like that. The bailiffs need to be reminded that they cannot seize property that does not belong to the debtor. The local authority needs to be put on notice that you have never lived at the address they say you did. There is a procedure called a Regulation 46 complaint, but this requires you to attend a hearing at the Magistrates Court that issued the Liability Order. If an LO has been issued in error, the court can quash it. It can also be used to deal with brain-dead bailiffs who try to seize goods that do not belong to the debtor.

[pepsie]

Re: Bailiffs seized my friend's car

Please do not 'ignore' the letter at any cost, follow BB's advice and your on your way to getting this sorted.

Pepsie