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Please help....marston bailiff!!!!!!! :-(

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  • Please help....marston bailiff!!!!!!! :-(

    Hi guy I'm really hoping someone can help.......

    So basically last year at 41 weeks pregnant I moved out of my owned property into rented accommodation due to repossession. I informed the council of my move and nothing was said........ 5 months later I took on NRAM to court and won my house back so I moved back in the following month. I recently got a council tax bill for £575 from 2012/2013. because i own the property im liable for 50% of the council tax. the letter states if I'm having difficulty paying then I should fill in the included form with my income details on it.....ok so where's the form I don't have it there saying they've sent. I rang them up and explained my situation that I'm out of work and I have 3 children under 5 and a full time carer to my grandmother so I don't have much money to pay them. The guy from the council said he'd send me an income and expenditure form out to fill in and send back ASAP. Ok...... Still waiting its been a week, yesterday come home to find a bailiff on my doorstep and I had my sick daughter in the car so I drove straight past until he went. Then mr Cunningham kindly visited my property again at 6:50 am today shouting through my letter box woke my 3 children up. I ignored him and he finally went after posting a 'notice of distress' through my door which had 1x green Lexus and the reg wrote on it.... The car wasn't clamped. The thing is I don't understand what this means!!!! Does he have legal rites over the car now??? The v5 is in my name for tax and insurance purposes but my partner owns the car and has proof he brought the car. Where do I stand on this if mr Cunningham takes my car, I need my car to go to college and look after my grandmother take her to appointment etc. I HAVE offered to pay but not at the amount he wants I've also rang CAB and got advice and also spoke and wrote to the council offering part payment and the rest on a realistic pay plan but they say it is unlikely to have it returned.

    If someone can pls help I am sick with worry

    Thanks
    Emma
    Tags: None

  • #2
    Re: Please help....marston bailiff!!!!!!! :-(

    It isn't your car, as it belongs to your partner.

    Cunningham needs to be acquainted with that fact.

    Comment


    • #3
      Re: Please help....marston bailiff!!!!!!! :-(

      I have pointed out this fact to him and he says he's checking with dvla which will show my name. But the v5 is not ownership am I right??

      Thankyou

      Comment


      • #4
        Re: Please help....marston bailiff!!!!!!! :-(

        Does this mean the levy is not correct

        Comment


        • #5
          Re: Please help....marston bailiff!!!!!!! :-(

          Originally posted by Emzy2013 View Post
          I have pointed out this fact to him and he says he's checking with dvla which will show my name. But the v5 is not ownership am I right??
          The DVLA will say that you are the registered keeper.

          The registered keeper of a motor vehicle is not always the owner of it, as a vehicle belonging to a leasing company will also be shown to have its driver as the registered keeper.

          Comment


          • #6
            Re: Please help....marston bailiff!!!!!!! :-(

            Originally posted by Emzy2013 View Post
            Does this mean the levy is not correct
            I do wish you had not asked that question, as it is quite painful for me to have any sympathy with a ba:censored:rd bailiff.

            How might he have known that the motor-car belongs to your partner?

            Comment


            • #7
              Re: Please help....marston bailiff!!!!!!! :-(

              Lol ..... Well he won't untill I show him the recipte but as usuall he's not interested.

              Comment


              • #8
                Re: Please help....marston bailiff!!!!!!! :-(

                In answer to your specific query about clamping, a bailiff cannot clamp a car in respect of Council Tax, although he/she will swear blind they can. There is no provision within the relevant legislation that allows them to clamp vehicles. If this bailiff is shown proof that your partner is, indeed, the legal owner of the vehicle, he should accept that and leave it alone. However, you will always get one bailiff who will go the extra mile and behave like a complete and total idiot. Therefore, I am wondering if it would be worth your partner swearing a Statutory Declaration as to his ownership of the vehicle. This can be notarised by a solicitor for £5-£10. Once done, serve copies on the bailiff and local authority. Expect the bailiff to bellow like a bull elephant when he realises he has been deprived of his beer money.
                Life is a journey on which we all travel, sometimes together, but never alone.

                Comment


                • #9
                  Re: Please help....marston bailiff!!!!!!! :-(

                  Thank you very much ill pay that is it a specialist solicitor and just any???

                  Comment


                  • #10
                    Re: Please help....marston bailiff!!!!!!! :-(

                    Originally posted by Emzy2013 View Post
                    Thank you very much ill pay that is it a specialist solicitor and just any???
                    Any High Street solicitor can notarise a Statutory Declaration. For a template SD, go to the main Bailiff Forum page, scroll down to Useful Letters and use Letter No.2 as your template.
                    Life is a journey on which we all travel, sometimes together, but never alone.

                    Comment


                    • #11
                      Re: Please help....marston bailiff!!!!!!! :-(

                      Cleverclogs
                      Standing up for bailiff?
                      Its his job to find out who owns the car in criminal law your innocent until PROVEN guilty bailffs are they exempt from finding out the truth?

                      Comment


                      • #12
                        Re: Please help....marston bailiff!!!!!!! :-(

                        Even if a bailiff does seize a vehicle on the weight of what DVLA tells them, if a third-party then lays claim to the vehicle and produces evidence confirming this to the bailiff, the bailiff is stuffed and so is the bailiff company and creditor.
                        Life is a journey on which we all travel, sometimes together, but never alone.

                        Comment


                        • #13
                          Re: Please help....marston bailiff!!!!!!! :-(

                          I rang the solicitor, and I am going to drop in a letter to claim that the car belong to OH, hopefully I can sort all this out quickly

                          thankyou all.

                          Comment


                          • #14
                            Re: Please help....marston bailiff!!!!!!! :-(

                            Originally posted by Emzy2013 View Post
                            I rang the solicitor, and I am going to drop in a letter to claim that the car belong to OH, hopefully I can sort all this out quickly

                            thankyou all.
                            You must use the correct format for a Statutory Declaration and it is your OH who will have to attend the solicitor's office with the SDs to be notarised, not you, as he is the legal owner of the vehicle. You cannot sign the SD as you do not own it. You should run off about six copies to be notarised which provides you with spares if required.
                            Life is a journey on which we all travel, sometimes together, but never alone.

                            Comment

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