Is my car exempt from cold hearted bailiffs?

[vinnie76]

Can anyone help? Bailiffs have been sniffing at my door regarding an unpaid PCN! They are now threatening to take my car. I am the registered driver of the car but the credit is in my ex-husbands name (we do not share the car, I am solely responsible for it and pay him the monthly repayments) but obviously as the car was brought with credit he does not own it either. In addition to that I work for myself and use my car to drive to venues where I speak. In the boot of my care my fliers and banner and other work related stuff, so would this warrant my car as exempt, due to my vocation, from them CLAMPING it/Impounding it or even taken it away? Do I need to sign an affidavit to this effect?

I am not scare of bailiffs and know my rights and their underhanded tricks I just don't want them using my car as blackmail. Can anyone advise me of where i actually and legally stand? What I need to send to EQUITA to get them to back off from touching my car, etc, etc. Thank you.

[labman]

Re: Is my car exempt from cold hearted bailiffs?

If the car is subject to a HP agreement, the bailiffs cannot lawfully levy on it. The fact that it had that sort of work related material in it would not mean it would qualify as essential for your job, unless possibly it is signwritten?

That does not alter the fact there is a PCN outstanding. Have a read of this link and post back up with any questions:

http://www.legalbeagles.info/forums/...rking-Offences

[Sir Vere Brayne d'Emmidge]

Re: Is my car exempt from cold hearted bailiffs?

Can anyone help? Bailiffs have been sniffing at my door regarding an unpaid PCN! They are now threatening to take my car. I am the registered driver of the car but the credit is in my ex-husbands name (we do not share the car, I am solely responsible for it and pay him the monthly repayments) but obviously as the car was brought with credit he does not own it either. In addition to that I work for myself and use my car to drive to venues where I speak. In the boot of my care my fliers and banner and other work related stuff, so would this warrant my car as exempt, due to my vocation, from them CLAMPING it/Impounding it or even taken it away? Do I need to sign an affidavit to this effect?

I am not scare of bailiffs and know my rights and their underhanded tricks I just don't want them using my car as blackmail. Can anyone advise me of where i actually and legally stand? What I need to send to EQUITA to get them to back off from touching my car, etc, etc. Thank you.

The car is registered in your name, but was bought by your ex-husband .... excellent, all you need to do is dig out the original invoice and the credit agreement, even if it was a personal loan from the bank, it proves that the vehicle is owned by your husband and you are only responsible to tax it and insure it.

[vinnie76]

Re: Is my car exempt from cold hearted bailiffs?

If the car is subject to a HP agreement, the bailiffs cannot lawfully levy on it. The fact that it had that sort of work related material in it would not mean it would qualify as essential for your job, unless possibly it is signwritten?

That does not alter the fact there is a PCN outstanding. Have a read of this link and post back up with any questions:

http://www.legalbeagles.info/forums/...rking-Offences

Yes, you are correct Labman, the PCN is still outstanding and I am dealing with that. I just want to ensure my car cannot be touched. It is not sign-written but even if it was, would it even stop them? Also, what is the actual law or court case study that says they cannot levy on it? And does levy mean - clamping it, impounding it, or destablizing it so it cannot move? And if they were to do any of these things what can I do legally in response? ie. call the police? Would this then be a civil matter or criminal matter? As I understand it the outstanding PCN is a civil matter rather than a criminal matter, right?

I will review the link! Thank you for your response I appreciate that.

Vinnie

[vinnie76]

Re: Is my car exempt from cold hearted bailiffs?

Sir Vere, thank you for your response....it is so heartening to know that there are people out there willing to give of their time and knowledge so freely!

Ok, in response I have all this paperwork so not a problem. Do I offer it up to them or just tell them this is the scenario. I know they will want proof but I do not want to offer up all my personal information on platter to them so to speak.

Also, as stated in my other reply to Labman, what legal/courtcase code can I send them to let them know that I know they cannot touch the car and if they do they will be breaking the law? And does this also mean they cannot clamp, impound, remove or destablize my car? if they did, what would be my recourse? Sorry to repeat myself but I am not used to writing in this forum so not sure if you will see/receive my message to labman.

Ok, well thanks again!

[ostell]

Re: Is my car exempt from cold hearted bailiffs?

Make some copies of the documentation, and leave the originals in a safe place. You may have to give them a copy of the documentation as proof. They can't take action on property belonging to someone else.

[wales01man]

Re: Is my car exempt from cold hearted bailiffs?

The Moron bailiffs will need some proof and convincing to walk away,as we have all read they will against the rules clamp any car the OP might be best advised to hide the car and prepare to give the moron copies to prove who is the owner.

[vinnie76]

Re: Is my car exempt from cold hearted bailiffs?

Make some copies of the documentation, and leave the originals in a safe place. You may have to give them a copy of the documentation as proof. They can't take action on property belonging to someone else.

Does that 'action' include clamping and/or destablizing the car? The good thing is that he is also on my insurance so would you advise me to send a copy of that also as proof that he drives the car as well, and therefore would be restricting him from using his own property?

I assume with the proof if they do this then they - the bailiffs - would be liable for criminal or civil damages?

I will scan and attach docs.

Thank you for your input!

[labman]

Re: Is my car exempt from cold hearted bailiffs?

See 52.8(3)(b)

http://www.legislation.gov.uk/uksi/2...4/part/52/made

Obviously if goods do not belong to you, they cannot be taken - it would be akin to taking my car to pay your fine.

Please could you post up any paperwork you have regarding this, ensuring you remove all personal information first.

Thanks.

[vinnie76]

Re: Is my car exempt from cold hearted bailiffs?

Labman,
I will scan and post up. Not sure how to remove personal info but will figure it out some how.

The doc, ultimately is a letter/contract of financing for the car between my ex-husband and the finance company.

I know bailiffs check with the dVLA who the registered driver/owner is and it does say my name even so that is not ownership, so once I send the proof to them if they do clamp my car, then would it be deemed as theft?

I plan to email them this, if they do not reply or acknowledge receipt they could say they never got it, so what doyou propose is the best way to get acknowledgement of the receipt? My concern is they will ignore what I send and still clamp the car to get a payment out of me which I then have to claim for.

Thanks

[labman]

Re: Is my car exempt from cold hearted bailiffs?

It's a tricky situation as there's the theory and the real world. Some sites will say it is theft and you should do x, y and z and you'll get a load of compensation. The experience of members on this site seems to say differently, and that if you contact the police, as you should if they clamp your vehicle unlawfully, at most the police will get the clamp removed if you can show sufficient proof. They sometimes just side with the bailiff.

If you are emailing the evidence to them, you might want to use this:

http://www.msgtag.com/home/

It might also be worth following this up with a recorded phone call (most mobiles have a voice recorder which will record a landline call on loudspeaker quite well) asking them to confirm receipt.

At the end of the day, you can only do so much. If the bailiff does clamp the car unlawfully, then ultimately you have redress through the courts.

[wales01man]

Re: Is my car exempt from cold hearted bailiffs?

Or cut the thing off after all its been illegally clamped?

[labman]

Re: Is my car exempt from cold hearted bailiffs?

Or cut the thing off after all its been illegally clamped?

You will also find that advice on some sites. Personally I wouldn't do that.

[wales01man]

Re: Is my car exempt from cold hearted bailiffs?

If someone comes to your hose and boards up the doors so you could not get in would you just walk away after all they have done that illegally the same as if someone clamps your car for my debt?
Has any one known of someone who was not a debtor the bailiff was instructed to pursue who removed a clamp going to court?

[vinnie76]

Re: Is my car exempt from cold hearted bailiffs?

It's a tricky situation as there's the theory and the real world. Some sites will say it is theft and you should do x, y and z and you'll get a load of compensation. The experience of members on this site seems to say differently, and that if you contact the police, as you should if they clamp your vehicle unlawfully, at most the police will get the clamp removed if you can show sufficient proof. They sometimes just side with the bailiff.

If you are emailing the evidence to them, you might want to use this:

http://www.msgtag.com/home/

It might also be worth following this up with a recorded phone call (most mobiles have a voice recorder which will record a landline call on loudspeaker quite well) asking them to confirm receipt.

At the end of the day, you can only do so much. If the bailiff does clamp the car unlawfully, then ultimately you have redress through the courts.

Good advice. Thank you Labman.
And you are right - there is the theory and the reality!

Well at least the police can remove the clamp but again you are right although the police are there to assert and protect our rights they do side with the bailiffs.

Right now my car is a number of streets away from me but obviously this is not what i want long term, so I trust the email with scanned doc and telephone call with be sufficient.