Bailiffs refusing part payment..pay full amount or take car!!!!

[trlnurse]

Any advice on this would be greatly appreciated. A friend of mine has an unpaid parking ticket. The bailiffs from Whyte & Co clamped her car a few months ago, and eventually they accepted a payment plan and removed the clamp. She kept up to date with the first few payments, but unfortunately (as she has other debts) fell behind. She attempted to speak with the bailiff and offered a part payment, but the bailiff has outright refused and said she has to make the full payment or he will come and take her car.

I have a few questions regarding this, where does she stand on the fact he completely refused to take any payment from her. I have advised her to make a payment via their online system which she has now done. Secondly can they take her car if she has a log book loan on it? The log book is with them. She appreciates that she has defaulted on the agreed payment plan, but between the bailiff, rent arrears and council tax arrears she is struggling to keep on top and is basically robbing Peter to pay Paul every month. Any advice on the bailiff situation would be gratefully received.
Many thanks

[labman]

Re: Bailiffs refusing part payment..pay full amount or take car!!!!

My advice would be for your friend to look at her entire financial situation rather than just this issue. You say she has rent arrears, council tax arrears and the arrears on the parking fine. I imagine this is possibly the tip of the iceberg and there are other debts consuming her disposable income?

I would recommend she go to a reputable FREE charity such as Payplan or Stepchange where she might get the help she needs to begin to tackle everything. Tackling just one will only delay another raising its head later on.

[trlnurse]

Re: Bailiffs refusing part payment..pay full amount or take car!!!!

Thanks Labman, in fairness to her, she is attempting to get on top of these debts, she has come to arrangements with with council for both her rent and council tax and is keeping on top of these now, she has also come to arrangements with a couple of the other unsecured debts she has. The problem with this bailiff is they would not take a payment lower than the agreed amount, which she knew she would not be able to afford, but was left with no option by the bailiff it was agree to that or take the car.

Is there any advice you can give on dealing with the situation. I personally find it unbelievable the the bailiff would refuse to accept any payment, surely this is not allowing her to reduce the debt in any way. secondly, can they take the car if there is a log book loan attached to it?

Many thanks

[labman]

Re: Bailiffs refusing part payment..pay full amount or take car!!!!

She should be able to make a payment online. It would be useful for her to go to a free debt advice charity still as payments should be made pro rata, and it could be that the whole picture needs looking at and rejigging.

[bluebottle]

Re: Bailiffs refusing part payment..pay full amount or take car!!!!

Bailiffs know or ought to know that it is a no-no for them to make or trying make a debtor pay more than they can realistically afford. The only exception to this rule is Magistrates Court fines. I would be inclined to contact the OFT about this and check if Whyte & Co hold an OFT Category F Debt Collection Licence as the debt may be one that requires them to hold such a licence, whether by law or as a condition of contract.

[ploddertom]

Re: Bailiffs refusing part payment..pay full amount or take car!!!!

She has put her car up as security against payment of a loan, to secure this the company take possession of her log book and if she defaults on payments then loses the vehicle. She should inform the Bailiff that the car is not hers and provide proof of the finance agreement to them. In the meantime she also needs a breakdown of the fees they are charging send letter 1 from http://www.legalbeagles.info/forums/...Useful-Letters , when shets a reply to this come back and we'll take a look and see which is fact and which is fiction.