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Hi we owe past council tax due to readjustments constantly made even without us knowing, we are getting a DRO, but the bailiff has come and saw the car, it is our daughters car but i have the paperwor in my name to drive it tax it and insure it, we went to a solicitor who saw evidence our daughter boughg it off us in December to give us the money to help with bills over christmas, we have his letter signed as proof by our daughter, the bailiff lied to me by saying he would take the car the same day, but if i signed the form he could give me 5 days to produce evidence, like a fool i did, we have ghis other letter can he still take the car? I have a blue badge in the window and need the car for the doctor and my part time job! HELP.....
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Tags: authority, bailiff, bailiff fees, bailiffs, blue badge, bristow and sutor, charges, clamp, council, debt, disability, dro, legal, local authority, solicitor, standards, statutory -
Re: Car and Bailiff....
Hi and welcome to Legal Beagles.
Yes, the bailiff has lied and, in doing so, has obtained an invalid levy and what is called a Walking Possession Order (WPO). However, due to the vehicle belonging to your daughter, who is a third party, the WPO is almost certainly invalid, also.
The V5C would be in your name as the Registered Keeper. If you have proof, in the form of a solicitor's letter, that your daughter is the Lawful Owner, you MUST serve a copy of this to the bailiff as soon as possible and also serve a copy on the council involved.
From what you have said, the bailiff could be in very serious trouble indeed if he attempts to take your daughter's car. If he lies again and claims he can take the car, despite seeing proof it legally belongs to your daughter, the same caveat applies.
Incidentally, which bailiff company is involved, please?Life is a journey on which we all travel, sometimes together, but never alone. -
Re: Car and Bailiff....
Hello, the bailiff is Bristow and Sutor from Redditch, i have posted a copy of the solicitors letter to them with a covering letter, my only other concern is that the solicitor was only seen yesterday with the hanwritten note my daughtef and i signed, the bailiff was here last friday! Oh the origional note was sibned 16 december 2012 by the way...Comment
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Re: Car and Bailiff....
They will need to see the original note. It sounds very much to me that the bailiff resorted to deceitful conduct in order to obtain a levy and WPA. As stated previously, this may have the effect of invalidating both levy and WPA. Was a photocopy of the handwritten and dated note that your daughter had acquired legal right and title from yourself sent to B & S? If not, get that sent to them straight away. The solicitor's letter will only confirm that a legal professional has sighted a document transferring ownership. I will bump this thread for another bailiff specialist to look in and comment.
BUMPLife is a journey on which we all travel, sometimes together, but never alone.Comment
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Re: Car and Bailiff....
You say you are displaying a Blue Badge, if you are disabled, have yo a Zero VED tax disc? Even if not as you have the badge you should furnish proof of the disability to the Council and Busted & Stupid who may well be getting a Formal Complaint regarding ignoring a vulnerable situation to garner fees with an unlawful lev.Comment
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Re: Car and Bailiff....
Thankyou for al the advice and help, the council know about my blue badge as they are the issuing authority, but i will take in a copy to them.....who can i officially complain to about Bristow and Sutor( or much more appropriately and funnily...Busted and Stupid)... there are a few things that were not done, like the bailiff not showing us a legal request from the council authorising them to collect the debt, OR sending us a letter notifying us of their visit 7 days prior ( as in the Government Guidlines...Impoverished people Finance Act 2012,) clause 10 and 13a) he didnt show ID either, well not me on the second visit, i was out when he first called, all he said when i opened the door was he was from thd bailiffs about council tax and had spoken to Paul........thats it!!! Paul is my husband, he showed NO paper work to him, all we saw was a sheet from thdm with figures supposedly from the council with their charges beside them!Comment
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Re: Car and Bailiff....
Hi, i just need some final advice please, as you read above the bailiff has a WPO on our daughters car, the question i have is, today is the 5th day of that order, its now 17.13pm, i know they can come up to 9pm, if he doesnt come at all(hopefully) does this invalidate the 5 day order thingy? I did send as i saidcproof to the bailiff office, we are just sitting here hopeing he doesnt show! I just dont want any possible stuff going on outside in a small close, if he comes and tries to take the car we will have to call the police, i really dont want all seeing and hearing my private business!! The car is our daughters but the WPO is ours!Comment
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Re: Car and Bailiff....
I would imagine if your daughter has made a 3rd party claim they will be very wary as they could end up in the doo doos.Originally posted by Lollypop63 View PostComment
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Re: Car and Bailiff....
They may have already done as a result of their bailiff's deceitful conduct, PT.Originally posted by ploddertom View PostLife is a journey on which we all travel, sometimes together, but never alone.Comment
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Re: Car and Bailiff....
Hi, i have notvheard anything from anyone else, today we received a letter from Bristow and Sutor saying they are coming again as we have failed to pay and more charges will be added, they have totally ignored my letter with complaints of how their bailiff acted, they have not recognised at all my letter(sent recorded delivery, checked and received and signed for by them!) I am worried they will come and still clamp or try to take the car, its registered in my name but owned by our daughter(they had proof sent to them!) Its registered to me so i can insure it tax it and drive it! I have a blue disability badge on show in the car! How can i deal with this? We have a DRO paid for on the council taxes, the CAB are dealing with all this and the council know as well but are choosing to ignore it! we owe over £3000.00 on them due to constant back dating andso many changes without notifying us, my daughters car is valued on what car around £400.00 , so it wont even cover the debt anyway....probably just the bailiff fees, what can we do please?? ( oh it does also say on the reg doc thats its NOT proof of ownership!,)Comment
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Re: Car and Bailiff....
A purchase receipt for the car in your daughter's name is needed and a notarised copy sent to busted and stupid. Yo
ur may also need to sign a statutary declaration that the car sn't yours. A statutory declaration can be obtained at a solicitor you simply need to state that you are not the legal owner of the vehicle.Comment
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Re: Car and Bailiff....
We have got that already and a copy sent to the bailiffs office(recorded delivery,) obviously they are ignoring it, these accounts are on the DROs(debt relief orders) being delt with by the CAB, the council have been notified of the DRO but wont call off the bailiff! Our daughter bought the car off of us just before christmas to give us some money to help out with bills we had, but has allowed me to keep the car to use as i am partially disabled, there is a blue badge on the car all the time!Originally posted by seduraed View PostComment
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Re: Car and Bailiff....
Get to a solicitor with your daughter and have Statutory Declarations sworn to cover the following -
Yourself: That you are not the legal owner of Vehicle Registration Mark [VRM];
Your Daughter: That she is the legal owner of Vehicle Registration Mark [VRM].
Serve notarised copies on B & S and the local authority concerned. Any levy and WPA B & S claim to have on your daughter's car is more than likely to be invalid as it is third-party goods. If they attempt to clamp or remove the car, B & S and their bailiffs may well find themselves with some serious explaining to do.Life is a journey on which we all travel, sometimes together, but never alone.Comment
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Re: Car and Bailiff....
Especially as they are ignoring the National Standards, and proposing to clamp a car displaying a Blue Badge. Bristow & Sutor, really are Bonkers & Stupid. The council are no better and potentially muppets.Originally posted by bluebottle View PostComment
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Re: Car and Bailiff....
See Post 11 but send also to the Head of Revenues and CEO at SGC. Otherwise the advice here is all solid.Comment
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