Goods seized

[grumpychops1]

Last year I took someone to court for monies owed, about 1000. "it will be a laugh" they said. They didnt attend the hearing so was awarded in my favour.
Been told today that baillifs have taken their vehichle.

Said vehichle is quickly changed into someone else name and I need to decide whether or not to accept that the car belongs to the other person or dispute it.
Now, I know it doesnt belong to someone else, and the new keep details are dated after the car was taken but now my conscience is kicking in. What would happen if I accepted it?

what has conscience to do with this?

they owed you the money. That's called theft. They are trying to continue to steal.

Ive decided to dispute on the basis the vehicle ownership was changed AFTER the bailiffs had already put claim to the car, which Im told is illegal.
Guess my conscience is because DC are involved. However if the shoe was on the other foot......

Yes, if they changed the details later that's not lawful. There are laws to stop someone who owes money suddenly giving assets to family members to avoid creditors.

having children is not an excuse to be a crook. It should make people think how they behave, if anything.

Thanks. I feel a bit better about it now. You're right.
Just wondering, could this go against me at all in a child contact hearing? I imagine it shouldn't even get brought up but I can't help thinking it will.

It is a very serious matter if they are trying to change the ownership of claimed assets.

I would doubt it would have much of a bearing on a child contact hearing between different parties (or is the person the same?).

If you want to base your actions on conscience, rather than what you are entitled to do in terms of the law, then:

a) You are a lovely person for taking so much concern for their DC

b) If you want to avoid taking possession of the car, have you gone through alternative means of collection: payment plans, other assets to claim, ect ect.

TBH seeing as the other party sees it as appropriate to try and illegally avoid collection, as well as not coming to court, I assume they are maybe not reasonable enough to have these sorts of negotiations with. I'm not really qualified to give advice on moral issues though.

Good Luck with the child hearing.

NW

Thank you! I like to think I'm a nice person. It's my ex and our dc. I assumed once I started court action he'd give me what was owed. I didn't ask for anything when I left, just my personal effects, gifts from friends, treasures is collected over the years. I didn't even ask for my wedding rings. I just wanted to scare him enough to give in. Stubborn sod!

Well the situation is slightly more difficult then I suppose: this is about your ex and your DC as much as it is about the money I would assume. If you think it is important to maintain a begrudgingly good relationship with your ex for the sake of your DS then it may be worth opening more subtle negotiations. That is an easy opinion to have from the outside I suppose, you are well within your rights to peruse him for the money via aggressive means.

In terms of the effect this might have on the hearing: it's hard to say. These sort of cases are very rarely cut and dry, your ex may offer up your use of bailiffs to display you as unreasonable in matters that may affect the children. It's really about you being able to give a decisive defense, focusing on his avoidance of the debt and non-appearance in court.

I'm sure this is really tough for you, and I hope you get the result you deserve!

NW

The bailiffs didn't appear on his door step without warning. He has had ample opportunity to pay the bill. If the car wasn't actually taken then that was to give him even more time to pay. Don't feel sorry for him trying to avoid paying! Don't you also need some of that money to provide a home for your dc? I can't see how not turning up to court and then refusing to pay a court-ordered payment could help him in anyway in a child contact dispute. Surely it just shows he has little regard for the court or you?

Bilbery what you are saying is perfectly correct, however lots of nonsensical things go on in a court room. I wouldn't put it past somebody to try and twist an action like this to fit their argument.

Yes he would try and twist thing however the shoe is now on the other foot because he's taking me to small claims now, for a pair of sunglasses haha!!