Bailiff from Newlyn took the car which belongs to the company because my name on V5

[bluebottle]

Re: Bailiff from Newlyn took the car which belongs to the company because my name on

Subject to confirmation by the OP, I think you will find the injunction was sought against the local authority that employed Newlyns, not Newlyn themselves. The creditor is, at all times, completely and totally liable for the actions of their enforcement agent. Notwithstanding that Newlyns are known for being economical with the actualities.

[Guest]

Re: Bailiff from Newlyn took the car which belongs to the company because my name on

Obviously.

Not sure what difference that makes to anything though?

Whilst the council are responsible for the actions of its bailiffs, it is those actions that need to be questioned & challenged. It will be the bailiffs who argue that they "reasonably believed the car belonged to the debtor"

This is despite the fact that he appears to have had sight of an invoice made out to a Ltd company. The bailiff has claimed he was taking the car as the debtors name was on the V5. The quote I supplied from a Judge would suggest that this is not good reason to do so. Given the other evidence and of course other options available to the bailiff, towing the car does not appear to be the most sensible corse of action.

[bluebottle]

Re: Bailiff from Newlyn took the car which belongs to the company because my name on

Commonsense, at the very least, should tell a bailiff that when faced with proof that a vehicle belongs to someone other than the debtor named on an order or warrant - even if it is a body corporate - you don't seize it and then try to force the non-debtor to pay someone else's debt or deprive them of their possessions without the authority of a court.

Section 135, County Courts Act 1984 makes it quite clear that it is an absolute no-no to mislead a person into believing you are acting under the authority of a court. And it carries criminal sanctions.

[ploddertom]

Re: Bailiff from Newlyn took the car which belongs to the company because my name on

Do we know what happened yet or can we assume as it is quiet things didn't go to plan?