#bailiff has seized vehicle not belonging to debtor

[Kimcle]

My friends vehicle has been seized and a notice of sale has been received. I am the debtor. I have included this debt in my bankruptcy which was approved a day after the bailiffs came. The Official Receiver accepted evidence that this vehicle was not my asset.

My friend has provided a receipt, a bank statement, a sworn statement and a letter from DVLA confirming the car has not been in my name since February 2017. The v5 was temporarily in my name for insurance purposes as I was borrowing the car.

The owner has submitted an N244 application. I have submitted a form 4 in relation to a massive list of complaints about the bailiffs conduct. I have also written complaints to both the bailiffs (DCBL) and the creditor (UKCPM)

The vehicle was due to be sold this Monday but I have not seen it on the auction website.

It has been reported to the Police and they have said it is a civil matter. DVLA have also been made aware.

The original creditor and bailiffs are refusing to respond to any emails. On the last phone call I had with them I was told the evidence provided was not enough to prove my friend owned the vehicle as I have to prove I never purchased it. I have emailed them asking if they would like a years worth of bank statements to prove no funds ever left my account for this vehicle. I have no idea how else I can prove I never purchased it or how else my friend can prove it is his.

The only response I have had from DCBL is that the vehicle will not be returned until after the N244 application hearing. Does this mean they are planning on charging the owner storage fees if the Judge deems the vehicle is in fact his?

If the Judge for some unknown reason deems this vehicle is owned by me can they legally sell it if I have been made bankrupt?

I have spoke to CAB, national debtline, payplan and a whole load of other agencies. Any advice would be greatly appreciated!

[jaguarsuk]

If the car is proven to be your friends in court they can't charge storage fees as they made a mistake, had they not made an error they wouldn't have had to store it and therefore wouldn't have been burdened with a cost.

However, that's not to say they won't try because DCBL are basically the scum of the earth.

The way to combat that is to ask that the court order the return of the car without any cost to the owner in the exact same state as which it was removed.

The receipt from the purchase along with the sum of money leaving his bank account on the same date to purchase the car is enough evidence that he purchased the car, so I don't know what DCBL hope to achieve by defending. When they submit a defence your friend should register here and post it to this thread as it'll be interesting to see their argument.

Being on the v5 is not proof of ownership, that's why in the box in big white capital letters on a v5 it says "THIS DOCUMENT IS NOT PROOF OF OWNERSHIP."

DCBL are going to have to prove the car belongs to you and not your friend, they are going to find it very hard to do that given what you have said.

You won't have seen it on the auction website because they can't sell it while these proceedings are ongoing because if they lose they have to return it, which they couldn't do if they have auctioned it off.