Re: Vulnerable household yet still have a walking posession agreement
Thank you Sir Vere, you have confirmed and highlighted the great big elephant in the room, the bailiff can and will ignore these proofs, and even if the payment was by card and has an electronic transaction ID they are going to take control of goods and sell them when the innocent third party who by the bailiffs refusal to acknowledge the proofs provided has been branded a liar for claiming their own goods. Not every third party transaction ID ad receipt will be involved in a gift, the presumption will almost always be the third party is a liar, and the items taken away. This will be problematic with cars bought from a private vendor with a scribbled receipt for cash. If bough via e Bay, there is better proof but next door still faces an odds on chance of losing their car for the third party debt.
As to the interpleader, if the third party can afford to pay the value of the goods and all bailiff fees into the court they could still lose the goods and the money they pay in to the court if it is found in favour of the bailiff. All in all very nasty and as BB indicates breaches the Convention.
One thing enforcers need to be mindful of, is if they do take away a third party car, and sell it as the unfortunate owner cannot afford interpleader, they cannot get to work and lose their job, or they have to buy another car on finance or whatever; if the innocent resorts to litigation against them and wins, they are liable for the cost of the goods and all consequential losses incurred as a result of the unlawful seizure, and these will be substantial as they could include loss of salary for the period of unemployment also. multiply that by X to the power of 5 and we will see a lot of wailing enforcers ending up in court as a result.
Originally posted by Sir Vere Brayne d'Emmidge
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As to the interpleader, if the third party can afford to pay the value of the goods and all bailiff fees into the court they could still lose the goods and the money they pay in to the court if it is found in favour of the bailiff. All in all very nasty and as BB indicates breaches the Convention.
One thing enforcers need to be mindful of, is if they do take away a third party car, and sell it as the unfortunate owner cannot afford interpleader, they cannot get to work and lose their job, or they have to buy another car on finance or whatever; if the innocent resorts to litigation against them and wins, they are liable for the cost of the goods and all consequential losses incurred as a result of the unlawful seizure, and these will be substantial as they could include loss of salary for the period of unemployment also. multiply that by X to the power of 5 and we will see a lot of wailing enforcers ending up in court as a result.
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