Signed Walking possession for car but now sold it.

[cazindevon]

I signed a walking possession on my car in relation to CT debt. I understand that the car now legally belongs to the bailiffs but ive since sold it & now defaulted. I know i have broken the law but whats the consequences?

[bluebottle]

Re: Signed Walking possession for car but now sold it.

You have two threads going. Please keep it to one thread, please.

Going by the actions of the bailiff in the first place, I am wondering whether the seizure was, in fact, lawful. In order for a levy and seizure to be lawful, the bailiff must not use any force or duress (which includes menaces) in order to obtain the levy or effect the seizure. From what has been said, the seizure may be unlawful due to the circumstances under which the seizure was made and the actions of the bailiff. I will bump this thread for another bailiff specialist to confirm this.

:bump:

[CleverClogs]

Re: Signed Walking possession for car but now sold it.

I signed a walking possession on my car in relation to CT debt. I understand that the car now legally belongs to the bailiffs but ive since sold it & now defaulted. I know i have broken the law but whats the consequences?

The bailiff can now demand one of your kidneys in payment of the debt.

[bizzybob]

Re: Signed Walking possession for car but now sold it.

The bailiff can now demand one of your kidneys in payment of the debt.

And seize and sell next doors step grandchild's cat or goldfish into slavery by mistake

[CleverClogs]

Re: Signed Walking possession for car but now sold it.

And seize and sell next doors step grandchild's cat or goldfish into slavery by mistake

Quite - ask a silly question...

As regards the "sale" of the motor car, the phrase nemo dat quod non habet may spring to one's mind.

[gravytrain]

Re: Signed Walking possession for car but now sold it.

How long before you sold the car was the levy made.

How much was the distrain order made out for,
what was the value of the car,
were there any other items on the levy,
was a form 7 left with you.

[bizzybob]

Re: Signed Walking possession for car but now sold it.

Quite - ask a silly question...

As regards the "sale" of the motor car, the phrase nemo dat quod non habet may spring to one's mind.

What a can of worms that opens.....

[bluebottle]

Re: Signed Walking possession for car but now sold it.

Just a thought, but did you sell the vehicle to any one of the following -

1. Licensed Vehicle Dismantler;
2. Licensed Waste Carrier and Recycler;
3. Scrap Metal Dealer

because -

a. the vehicle's MOT certificate had expired;
b. the vehicle had failed its MOT test;
c. the vehicle had defects that were not repairable or that it was not possible to effect repairs so as to make the vehicle safe for use on a road;
d. the vehicle was in a dangerous condition and, therefore, not safe for use on a road;
e. the vehicle had been declared a total loss (write-off) by a motor insurer.

If any of these apply, but particularly c, d or e, the bailiff is going to find out, probably, the hard way, that seizing cars in order to gain a levy is not such a good idea and that they should make adequate checks to ensure they are not going to have a plod inserting the toe of their Size 11 hobnail boot into a certain bodily orifice at the lowermost point of the bailiff's alimentary canal.