Can they take the car

[csloane]

Re: Can they take the car

If she knows all this why has she returned and left this levvy??

[csloane]

Re: Can they take the car

she has just text saying the car is now seized and loaded upon our anpr facility and will be taken of you in due course do not contact me again unless making full payment...HELP!!! How can she take it if its in my mum's name and she knows it is, i dont know what to do .

[ploddertom]

Re: Can they take the car

I would suspect she is telling porkies and hoping the threats & intimidation are working. In my view what you have done so far has just muddied the waters. I would suggest your mum does a Statutory Declaration as to owning the vehicle, can be done at any solicitor - no appointment usually required and costs £5/£10 and suggest you ask for 3 notarised copies.

[teaboy2]

Re: Can they take the car

End of the day even if she had levied it when it was still in your name, the fact she failed to leave the levy with you or in your letter box makes said levy invalid!

[bluebottle]

Re: Can they take the car

I am wondering if this bailiff has abandoned the levy and is now trying to claw back from her incompetence. I would also tell this silly mare just what risks she is running. I am attaching the Theft Act 1968 and Fraud Act 2006. In the Theft Act 1968, highlight Sections 1 (Theft) and 21 (Blackmail) and in the Fraud Act 2006, highlight Sections 2 (Fraud by False Misrepresentation), Section 6 (Being in Possession of Articles for Use in Connection with Fraud) and Section 12 (Liability of Companies and their Management). I'm also attaching the Malicious Communications Act 1988. Highlight Section 1 (Sending a Communication Containing A Threat). She may try and claim it doesn't apply to her, but in the circumstances you have described, it does. She has to prove she has a right in law to make the threats in the first place and that it is a proper means of enforcing the threats. Threatening to seize property belonging to someone other than the debtor is illegal and amounts to Attempted Blackmail. It also invalidates the warrant and flushes her legal protection against trespass on land and against property down the toilet. You might also wish to warn her that if she rings and lies to the police, she will be committing further offences of Making A False Report and Wasteful Employment of Police.

Finally, if she tries to remove the vehicle, warn her and the tow truck driver the tow truck could end up being seized by the courts who could then order its sale or destruction.

[csloane]

Re: Can they take the car

So if she does return with the removal truck should i show her the acts that you've posted (printed off) and the log book and tell the removal men that they are at risk? what if they still take the vehicle?

[bluebottle]

Re: Can they take the car

Call the police and report it as Theft. The bailiff will try and lie her way out of it, but I wouldn't mind betting she's making threats she cannot legally carry out. She knows herself she cannot seize property that does not belong to a debtor. If she goes into denial and tries to kid you the legislation doesn't apply to her, just tell her that you have taken legal advice and she removes the car at her own risk. She also needs to be told her power and legal protection under the warrant will be void and the warrant will be void, rendering her liable to civil and criminal proceedings as well as being reported to the court that issued her certificate if she even attempts to remove the car. Although bailiffs and bailiff companies make some pretty nasty threats when warned with a complaint to a court, the reality is they cack themselves because, theoretically, they cannot work as a bailiff again. However, I have heard from a reliable source that there have been cases of bailiffs who have suffered cancellation of their certificates working as debt collectors for a month, post cancellation of certificate, and then applying to a different court and gaining a new certificate by not declaring they have had their certificate cancelled by a court. When I ran this past the MoJ and a county court enforcement department, they were very concerned. It only needs a change of policy to nip this in the bud by court staff running checks with other courts or the MoJ keeping banned bailiffs on the register with a letter R or the words Certificate Revoked in the Employer column. This does not need legislation. They could introduce this within existing regulations.