Can they take the car

[csloane]

HELP!! I have a baliff from Marstons calling for £370.00 which i am unable to pay in full but the baliff will not except a payment plan. My mum's car was on the drive as i was using it to take the children to school and the baliff wrote it down on a possession order thing. I have told the baliff i cannot afford to pay the fine all at once and she said the removal team would be in touch, i have sent her proffe of the v5 via text which is in my mum's name at my mum's address but she is now saying i will have to provide a bill of sale as well...is this right???

Thank you

[bluebottle]

Re: Can they take the car

This bailiff is seriously pushing her luck and, possibly, risking having her bailiff certificate revoked. She knows very well it is illegal to levy on or seize third-party goods. If she has been sent a copy of the V5C, she should not be asking you for a bill of sale. Is this for a parking fine or a court fine? If a parking fine, contact the local authority involved. If a court fine, contact the court involved and ask for the name and telephone number of the HMCTS Enforcement Manager for that court. Do not take any BS about having to deal with Marstons. Do you have the name of this bailiff, please?

[teaboy2]

Re: Can they take the car

I'd reply to the bailif that they have no right in law to see the bill of sale, nor do you have any right in law to request you provide a copy, from your mother, to the bailiff as all the onus is on the bailiff to prove ownership and since they have seen a copy of the V5C it has been proved that the car is owned by a non liable 3rd party and the levy is therefore invalid!

Also point out that if they attempted to or enforced the levy such enforcement would be unlawful and they would be legally liable for costs, damages to the car and loss of any earning incurred by you or your mother whilst the car is unlawfully in their possession.

[csloane]

Re: Can they take the car

Yes its parking fine, and her name is Miss Ellis. I wasnt in at the time she did the levy so i presume she thought it was mine. She left an answering machine message today regarding the bill of sale, saying that the v5 does not prove ownership and would require bill of sale showing to the removal team.

[csloane]

Re: Can they take the car

You know what..ive just actually thought about it and not realised before as i was so worried she hasnt even given me paperwork to say the she levvied the car..i phone dher when she posted the letter regarding the fine and in the phone call she asked who's the car was i said my mum's..so i dont actually have any paperwork from her...so, so sorry for the mix up, it just clicked when i was writing the reply

[ploddertom]

Re: Can they take the car

You mention a Parking Fine. Is this a Council ticket? Did you know about it originally? Have you moved since?

[bluebottle]

Re: Can they take the car

If she knows the car is your mum's, unless she wants to lose her bailiff certificate and the tow truck company its tow truck, which can happen if a vehicle is used in the commission of a criminal act, she will leave your mum's car well alone. Remind her that the onus is on her to prove that the car belongs to you, not the other way around. If she still behaves like a cretin, you may have to report Marstons to OFT Credit Fitness team and send a letter of complaint to the District Judge at the court that issued her bailiff certificate.

[csloane]

Re: Can they take the car

my ex partner and i shared the vehicle which was in my name and was never told about the fines.

[bluebottle]

Re: Can they take the car

I've run a check on the bailiff and she is currently certificated. I would be inclined to make a formal written complaint to the court that issued her certificate. The necessary details are -

District Judge
Altrincham County Court
Trafford Courthouse
Ashton Lane
Sale
Cheshire
M33 7WX

I will PM the bailiff's details to you, as shown on the MoJ register. I would also lodge a complaint with OFT Credit Fitness Team against Marston Group. I am attaching a document that takes you through the process. Make sure you include the following details in your complaint -

Company Name: Marston Group Ltd
Credit Licence No.: 333059

[csloane]

Re: Can they take the car

Thank you so much for all your help, you've helped put my mind at rest and i will take the appropriate actions. Thank you again

[bluebottle]

Re: Can they take the car

You're welcome.

[csloane]

Re: Can they take the car

Ok..the baliff has this morning been back after i told her what i was going to do as stated by yourselves with a notice of seizure of goods inventory with the car stated on it. The car is on my drive as i am using it, this is the first notice i have in writing about the car and this is after me texting her a copy of the log book. She says when she originally checked the car was in my name which it was as i am using it for the children but when she attended my mum got involved and changed it back to her name but i did not receive paperwork from her when the vehicle was in my name. Now it is back in my mums name i have today received paperwork saying she is going seize it can she do this??? plus extra costs been added

[bluebottle]

Re: Can they take the car

Whose name was the car in when she levied on it? If it was your name, she can seize it. If it was your mum's name, she cannot seize and needs to be warned she will be committing Theft if she attempts to remove it and the removal contractor will be committing an offence of Being An Accessory to Theft or Aiding and Abetting Theft, as well as running the risk of forfeiting their tow truck.

Ring the police and point out to them that you have checked the law as regards the bailiff's actions and that she has threatened to seize third-party property which is illegal. They may try and fob you off with "It's a civil matter," but you need to stand your ground and ask to speak to a senior police officer. This sometimes takes the wind out of their sails.

You should also speak to the local authority or, better still, get your mum to speak to the local authority involved and make it quite clear that if they allow their enforcement contractors to seize her car, she will take them, the local authority, to court, as well as reporting the bailiff involved to the courts with a view to the court revoking the bailiff's certificate.

[csloane]

Re: Can they take the car

can i also add this vehicle has a log book loan on it..can they take it if it has finance

[csloane]

Re: Can they take the car

When she first attended my property i wasnt in and she posted a letter saying she'd been the car was on the drive but no levvy was left, when i called she asked whose the car was and i said my mum's, she then asked my mum's name she had already done a DVLA check which said it was in my name,when i told my mum she told me i had to change it back to her name as she couldnt afford to lose it which i did (i still had no paperwork saying it had been levved). Last week i sent her text regarding log book, she said log book does not prove ownership and that she wanted bill of sale. This morning i received first piece of paperwork with vehicle reg on when the vehicle is in my mum's name.