Walking Possession Agreement on Car

[ScubaSteve]

Hi All, hope you can help.

I've been avoiding DCAs and Bailiffs for some time now for various debts. Had a CCJ for one for about £3.5K credit card and the Bailiffs been knocking quite often but I've never made any contact.

The other day I had a Walking POsession Agreement posted through my letter box with my car details written on. It was dated but not signed.

I've been 'hiding' it all weekend while I work out what to do. I want to sell it. What are the consequences if I change registered keeper to a friend and provide new keeper with a back dated receipt?

Any help and advice would be appreciated.

[ploddertom]

Re: Walking Possession Agreement on Car

Now the car has been seized you cannot change the details on it. If you sell the car then the Bailiff has first take on the proceeds. Is this the County Court Bailiff?

[ScubaSteve]

Re: Walking Possession Agreement on Car

It's High Court Bailiffs (HCE)

[The Cosmic Connection]

Re: Walking Possession Agreement on Car

Not a good idea to try and transfer ownership once goods have been seized. As Ploddertom says, the bailiff has first call on the proceeds if you sell the vehicle.

[CleverClogs]

Re: Walking Possession Agreement on Car

deleted

[ploddertom]

Re: Walking Possession Agreement on Car

It's High Court Bailiffs (HCE)

If it has been transferred for enforcement to the High Court then the ball game has moved. What paperwork have you received over this - there may be a Form Number at top or bottom, better still scan & upload what you have - remembering to remove all personal identifiers first?

[ScubaSteve]

Re: Walking Possession Agreement on Car

The form is a yellow carbon copy that's is dated but not signed.
At the top of the form is HCE NOTICE OF SEIZURE AND INVENTORY
Under the space where my car details are written it says
FORM OF WALKINg POSESSION AGREEMENT Achedule 4, Regulation 13, Courts Act 2003

I'll scan and upload later when I return from work.

Thanks

[bizzybob]

Re: Walking Possession Agreement on Car

If you truly cannot afford the fees the HCEO is asking you may be able to apply for a Stay of Execution, against the HCEO to halt enforcement whilst you apply for a Variastion Order for the Court to set a repayment that is affordable in the circumstances. Ploddertom will know more about this process, the Forms N244 and N245 are the ones you need, but there is a fee which may be waived if you are on a low income or bebefits, see leaflet EX160A

The Forms are : n244-eng.pdf and n245-eng.pdf Fees EX160A (PDF 368KB)

[wales01man]

Re: Walking Possession Agreement on Car

If you were so inclined you could hide the car in a friends garage or hide it somewhere away from you until you sort out a repayment plan otheres will disagree but the other option is to let them take the car if it doesnt cover the debt and fees your still ar the mercy of the bailiffs

[ScubaSteve]

Re: Walking Possession Agreement on Car

Can't get the damn scanner to work

To be totally honest I'm still inclined to carry on avoiding them. I'd rather garage the car for the next 6 years than let them have it or any money, just out of sheer pig headedness, I am a stubborn git. But on the other hand I jeep thinking I'm just being stupid and the debt gets bigger, it can only get worse.

I'd really like to know what the consequences of just avoiding them would be.

I've been thinking about renting my house out for a while now, even before this shit. So now might be a good time, but if I rent it out via a letting agency, will the bailiffs still be able to hassle my tenants? They won't fear me but I wouldn't like to put anyone else through the hassle.

I really wish I could sell it but I'm now in negative equity so I'm stuck for a while.

Cheers for the input guys, most appreciated.

[ploddertom]

Re: Walking Possession Agreement on Car

You will be better off tackling this head on rather than trying to avoid it. It could be the details of your car have been added to an ANPR system which means if spotted will probably be removed on sight. The charges will keep going up. As this is originally for a Credit Card debt are you sure there are no charges or PPI on it? You can halt the HCEO by applying for a Stay of Execution & you could agree payments by applying for a Variation Order whereby payments can be made at a rate you can afford. CCJ's are never Statute Barred although they do fall off your credit file eventually.