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My daughter's car.....again

(75 Posts)
Dutchoma Wed 12-Oct-16 13:23:18

My daughter is in dispute with her local council over council tax. She thought someone was sorting things out for her, but this morning bailiffs came to her door and clamped her car. They took no notice of the fact that the car is in my name and she had the receipt to prove it. What on earth can we do?
Her local MP is no help, her local councillor is no help.

Creampastry Wed 12-Oct-16 17:47:43

Who did she think was dealing with it?

QforCucumber Wed 12-Oct-16 17:49:38

Are you insured on the vehicle? Is the log book in your name? Is it registered and insured at your address?

Dutchoma Wed 12-Oct-16 18:19:43

Cucumber, no, none of those, but I bought it and paid for it in full. She was dealing with a bailiff who turned up at her house unannounced on behalf of the council.

Redglitter Wed 12-Oct-16 18:21:19

Who's name is on the log book insurance etc

GeorgeTheThird Wed 12-Oct-16 18:38:37

Look at the info on the citizens advice website.
Your problem is that it looks very much as though the car was a gift.

Arfarfanarf Wed 12-Oct-16 18:42:06

If you bought it but she drives it, it's insured in her name, registered to her - It's her car whether it was a gift or she paid for it.

Can you prove it's your car? If so you could try to get it back from them. As pp said talk to cab.

AnchorDownDeepBreath Wed 12-Oct-16 18:45:50

While they should not have seized a car that is in your name - was the sale real? If it was an attempt to fraudulently hide an asset, you probably do not want to push that too far.

PotteringAlong Wed 12-Oct-16 18:50:48

If you are not the registered keeper it's not your car.

Dutchoma Wed 12-Oct-16 18:56:03

I thought the registered driver did not have to be the owner of the car. There is a receipt in my name with my bank details with the logbook. CAB have been no help at all.

Redglitter Wed 12-Oct-16 18:58:17

If your daughter is the registered keeper and named on the log book then it's her car regardless of who paid for it. You bought it for her so it's hers. It would be a different story if you'd bought it registered it in your name and listed her as an insured driver.

Sounds like the bailiffs have acted within the law

SouthPole Wed 12-Oct-16 19:00:46

It's her car dude

Fairylea Wed 12-Oct-16 19:05:42

If she is the registered keeper then she is the owner of the car. All the receipt proves is that it was a gift from you. Now it's hers.

bloodyteenagers Wed 12-Oct-16 19:08:33

If you are on Facebook, join beat the bailiffs and the banks.
There's also steps that she can take if the household is deemed vulnerable.

Arfarfanarf Wed 12-Oct-16 19:09:35

Is it her car?

In reality.

Did you buy it for her or is it yours?

GoldTippedFeather Wed 12-Oct-16 19:11:23

The registered keeper is NOT necessarily the owner and a V5 (log book) is not proof of ownership. A simple google on dvla website says that before you all pile in with incorrect info.

Tequilamockinbird Wed 12-Oct-16 19:15:29

Who did she think was sorting things out for her? Is she vulnerable?

FruitCider Wed 12-Oct-16 19:17:31

You bought a car, your daughter is the registered keeper and you are not insured to drive that car. It's her car not yours.

Why hasn't she just paid the council tax and got a refund at a later date?

HarrietSchulenberg Wed 12-Oct-16 19:23:50

Bailiffs don't turn up without a barrage of threatening letters, so perhaps your daughter has had her head in the sand?
Next steps, follow the instructions in the paperwork issued by the bailiff. It sounds as if the CT debt has passed to them so her problem is unlikely to still be with the council.
If the V5 is in her name, the car is hers.

Ifounddory Wed 12-Oct-16 19:39:26

What on earth can we do?
At this point the only thing you can do is pay the council tax in full immediately.

If she is the registered keeper of the car then it is hers legally and they can take it away.

This is why council tax is a priority bill as they do pursue it. From my experience (although I didn't get as far as them taking my car) the system usually gives two reminders and if you don't set up a payment plan or you miss a payment plan payment you get a court date. The court will usually allow you to reset up a payment plan but there will at this point be extra charges because it went via court. If you still do not pay they send someone to your door to collect payment in full. If this is not given they take your car. You then usually have a few days to make payment before they sell the car to get the money. If the car sells for less than the debt they will come back.

If she has paid it she should have proof, a receipt or a bank statement showing the transaction. If she has paid this evidence needs gathering asap and handing over to the bailiffs and the council in person.

Ifounddory Wed 12-Oct-16 19:40:35

I would pay the council tax btw ASAP and if she has proof she already paid fight that afterwards. This is your best option at this point in terms of getting the car back.

BeezerBubble Wed 12-Oct-16 19:42:59

Once more, the registered keeper might not be the owner www.askthe.police.uk/content/Q743.htm

Ifounddory Wed 12-Oct-16 19:44:58

Looks like you might be able to fight them taking the car actually:

www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/bailiffs/your-belongings-and-bailiffs/what-goods-can-a-bailiff-take/proving-who-owns-the-items-bailiffs/

However even if they give the car back they WILL come looking for something else instead.

bloodyteenagers Wed 12-Oct-16 19:46:10

She can request that the debt goes back to the council if she is in dispute.
And yes really some do show up without a barrage of letters. When I was in dispute with ct I didn't know it had gone to debt collectors until they were threatening me..

Has it gone to court yet because there are limited powers debt collectors have, unlike bailiffs. And some unscrupulous debt collectors try and pass themselves off as bailiffs.

Ifounddory Wed 12-Oct-16 19:46:27

It does say the owner is the person who put the cash up or was given it as a gift. If you bought the car as a gift for her they can likely argue that it's hers.

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