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Bailiffs
I am aware that bailiffs can take property that is outside your home if you owe money to them.
However, I also understand that they are not allowed to take your car if it is still being financed.
Can anyone confirm if it is true please?
However, I also understand that they are not allowed to take your car if it is still being financed.
Can anyone confirm if it is true please?
Answers
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If the car is financed, it is legally owned by the financing company, not the driver, or 'registered owner'. No, they can't take the car.
Make sure all the windows are closed securely on your property as bailiffs can make entry by non-damaging ways and remove property to the value but are not allowed to break in.
Make sure all the windows are closed securely on your property as bailiffs can make entry by non-damaging ways and remove property to the value but are not allowed to break in.
Some helpful info here
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I quote from Zac's link :
"You can stop bailiffs from visiting by paying the money you owe. Talk to the person or business you owe money to as soon as possible to get advice on how to pay your debt"
Perhaps we should emphasis this a bit more - if there is a legitimate debt then there is someone on the other end of the transaction who has been denied their money ...
"You can stop bailiffs from visiting by paying the money you owe. Talk to the person or business you owe money to as soon as possible to get advice on how to pay your debt"
Perhaps we should emphasis this a bit more - if there is a legitimate debt then there is someone on the other end of the transaction who has been denied their money ...
Depends what the financing is. It does not follow that the lender owns the car. He did under hire purchase (whatever happened to that?).Under hire purchase the seller owned the car until the last payment was made; up to then you were, in effect, hiring it, hence hire purchase. Now, it's almost certain that he doesn't. What he has is a contract with the buyer whereby he , usually through a financial institution of which he is the agent, sells the car to you, you become the owner immediately, the lender gives him the money for it and you pay back the lender. Therefore the bailiffs can take the car. It is your problem how you settle with the lender.
If the loan on the car is specifically secured on the car then it is effectively HP and the Finance company own it until the final payment, the debtor is usually the keeper, however there are certain rules relating to the percentage paid as to whether they can reposess the car, however I digress. In the case of a bailiff, yes they can take the car but they will be hampered in liquidation so often they choose not to. But if there is a valuable car and a small amount outstanding they may well choose to take the car and clear the finance as part of a sale. As above though the best way to avoid this entire situation is to pay what is owed.
It's quite simple. If the car is on HP (& this will be clearly stated on the finance agreement) then it belongs to the finance company, not the debtor. Bailiffs are only allowed to take possessions owned by the debtor so they cannot legally take it. If they do, there is then a dispute between them & the finance company as they have illegally misappropriated the latter's property.
As Tora says, they may choose to ignore the law & take it anyway (bailiffs are not always known for their rectitude). If they sell it they will then have to account to the finance company for their loss.
As Tora says, they may choose to ignore the law & take it anyway (bailiffs are not always known for their rectitude). If they sell it they will then have to account to the finance company for their loss.
Should have added - in the vast majority of cases the car is not going to have a high value so the bailiffs will not take it provided they are shown proof (i.e. the hire purchase agreement) that the debtor does not own it.
Simplest way to avoid the hassle is to keep it in a locked garage if possible, or else somewhere some way away from the house so bailiffs are unlikely to find it.
All this assumes it is a genuine case of the debtor being unable to pay (rather than being unwilling to). It might be a good idea to get some free debt advice (CAB or stepchange or National debtline).
Simplest way to avoid the hassle is to keep it in a locked garage if possible, or else somewhere some way away from the house so bailiffs are unlikely to find it.
All this assumes it is a genuine case of the debtor being unable to pay (rather than being unwilling to). It might be a good idea to get some free debt advice (CAB or stepchange or National debtline).
Bailiffs can only take possessions of the debtor, but sometimes make an error which may maximise the inconvenience, below is an answer I gave regarding entry to your home, in most forms of distraint and execution many goods are exempt from seizure.
If the vehicle is on HP you are probably not the owner, a Conditional sale agreement is very similar to HP and provided the amount of credit is less than £25,000 it will be regulated under the Consumer Credit Act. A Bill of sale may have been used also known as a chattel mortgage and is often now used as it removes some of the disadvantages (to the creditor) of HP and Conditional sale agreement.
If you are able to show you are not the owner of the vehicle or that the vehicle is an essential “tool of trade” send this to the bailiffs to ensure that they do not make an error and seize the vehicle.
Bailiffs can only enter your house peaceably on the first visit, but an unlocked door or window is considered peaceably entry. Once entry has been made a Walking possession agreement will be made of the items which they are impounding which is when goods, which must be the possessions of the debtor, are placed in the Custody of the law. This means that at a later date the bailiffs can return forcing entry if necessary to remove and sell goods.
So the Bailiffs cannot remove property which does not belong to your daughter, make sure you can prove the ownership of the easy saleable items before entry is permitted.
If the vehicle is on HP you are probably not the owner, a Conditional sale agreement is very similar to HP and provided the amount of credit is less than £25,000 it will be regulated under the Consumer Credit Act. A Bill of sale may have been used also known as a chattel mortgage and is often now used as it removes some of the disadvantages (to the creditor) of HP and Conditional sale agreement.
If you are able to show you are not the owner of the vehicle or that the vehicle is an essential “tool of trade” send this to the bailiffs to ensure that they do not make an error and seize the vehicle.
Bailiffs can only enter your house peaceably on the first visit, but an unlocked door or window is considered peaceably entry. Once entry has been made a Walking possession agreement will be made of the items which they are impounding which is when goods, which must be the possessions of the debtor, are placed in the Custody of the law. This means that at a later date the bailiffs can return forcing entry if necessary to remove and sell goods.
So the Bailiffs cannot remove property which does not belong to your daughter, make sure you can prove the ownership of the easy saleable items before entry is permitted.
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