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Legal matters

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Original poster

Bailiffs and car

41 replies

badgersoutatnight · 31/07/2017 15:09

I received a demand for council tax totalling £800 from a bailiff. I asked for time to pay and this was refused.

The bailiff has not been into the property but says he can take my car. The car is not on finance and is a bit of an old banger to be honest but it's essential to work.

Does anyone know where I stand with this? CAB just keep reiterating not to let them in which is well and good but it's the car I'm worried about.

OP posts:

EyeHalveASpellingChequer · 31/07/2017 15:13

Is there any way you can find the money?

EyeHalveASpellingChequer · 31/07/2017 15:14

Is it an actual bailiff/enforcement agent or a debt collector?

Debt collectors can't take your possessions (bailiffs and enforcement agents can).

Original poster

badgersoutatnight · 31/07/2017 15:18

Actual bailiff, yes.

There's no way I can find the money. I will make payments online when I can. I'm going to pay £200 when I get home and hopefully another £200 next week. That will halve it. After that it will probably be £50 a week.

OP posts:

IamScarfaceClaw · 31/07/2017 15:19

Park the car on private land (a neighbours driveway or somewhere like that) and the bailiff cannot seize it.

Get yourself onto the national debt line website and read the info on council tax bailiffs.

Phone the council, tell them about any vulnerability you have and ask them to instruct the bailiffs to accept a payment plan!

user1497480444 · 31/07/2017 15:20

how essential is the car? Why do you need it for work?

Original poster

badgersoutatnight · 31/07/2017 15:21

The council won't be interested. They have huge contracts with the bailiffs and as far as they are concerned once it goes to the bailiff they won't be dealing with you any further.

Is that definitely correct, about private land?

OP posts:

Original poster

badgersoutatnight · 31/07/2017 15:21

My job is car based user, I work with social services.

OP posts:

user1497480444 · 31/07/2017 15:24

depends where you live, plenty of social workers don't have cars here, and travel by bus, but this is London, where there are buses.

You could look into it, buses might be doable.

But the main worry would be not getting full value for the car, if it is sold on for less than you debt they could well come back for more.

Original poster

badgersoutatnight · 31/07/2017 15:25

user I don't think you understand but it's my fault for not explaining. My job is car based. I'm not based in a fixed office although I do go in around once a week for paperwork. The rest of the time I am driving.

But at any rate, losing my car would be a disaster. I would be unable to work and therefore unable to pay the mortgage and so on. I really need to know what the legal position is here

OP posts:

IamScarfaceClaw · 31/07/2017 15:29

Yes it is right about private land, read the NDL information- the bailiffs aren't allowed to enforce against you if you are vulnerable in any way, but even if you are not the council can instruct them (I work in debt advice)

Original poster

badgersoutatnight · 31/07/2017 15:30

I'll try the council again then, they wouldn't really speak to me when I tried. They just kept saying I had to speak to the skiff.

OP posts:

Mollyboom · 31/07/2017 15:30

Hide the car, i.e. Park it away from your address. Don't let them in. They will be Magistrate Court bailiffs and they won't have a power of entry. Basically when they fail to recover any goods to settle the debt it will revert to the court and you can then attend court and set up a repayment plan with the court, which is cheaper as it won't include the bailiffs fees. Do not be bullied or harassed by them. Do not speak or engage with them.

Original poster

badgersoutatnight · 31/07/2017 15:30

Bailiff, not skiff sorry.

OP posts:

Original poster

badgersoutatnight · 31/07/2017 15:31

Thanks Molly

They claim to have cameras that can 'find' my car if it's parked nearby - is this true or are they scaremongering?

OP posts:

IamScarfaceClaw · 31/07/2017 15:31

Tell them you are a vulnerable person, that you have an appointment with CAB to do an income and expenditure and that you are willing to make an initial payment of £x, on the basis that the bailiff action is held to allow you to be fully advised.
Ask to speak to a manger if you have to.

user1497480444 · 31/07/2017 15:31

well, I don't think bailiffs can take something you need for your job.

But you will have to persuade them it IS a need, like I said here in London, it wouldn't be, and isn't , necessary for social workers who spend all day every day out on visits to have a car, plenty don't , and travel from one client to another by public transport.

Ring the bailiffs and speak to them. ask them whether needing a car for your livelihood would make a difference to them taking it, and what proof they would need to show this. They may need to contact your employer, I am not sure

Most bailiffs are quite helpful.

Mollyboom · 31/07/2017 15:35

Full of bullshit. They may trawl a few streets looking for it but that's it. They can take your car but only if they can find it. The council won't speak to you if it is with the bailiffs so don't waste your time there. IME they give up after about the third unsuccessful visit.

YogaDrone · 31/07/2017 15:37

You should get a letter from your employer to say that the car is essential to your job. This will mean that the bailiffs can't put a possession order on it.

Do they have a close possession order or a walking one? If it's walking possession you can still continue to use the car while you pay off the debt to the bailiffs and they'll only take close possession if you default.

Bailiffs want to get their money by the easiest means possible. This is pretty much always via a payment arrangement backed up with a walking possession order.

Mollyboom · 31/07/2017 15:38

Don't try and reason with them, as you will end up paying significantly more than if the matter goes to Court as you will be paying their extortionate fees. I have dealt with bailiffs on behalf of clients for nearly 20 years and have yet to meet a decent one.

user1497480444 · 31/07/2017 15:39

don't attempt to hide the car, that is illegal, apart from which yes, they will find it, they can find it quite easily, and you will be in worse trouble. How would it feel if it was taken off you in front of a client, etc, and if you try to hide it, you will never know which moment it will be found.

its not bullshit at all, Mollyboom, the car will be listed, and bailiffs all over have number plate recognition.

They will not give up after three visits not at all, and the amount owed will just keep going up.

YogaDrone · 31/07/2017 15:40

But everytime they go out to look for the car they will be adding fees for their time and expenses to the debt. It's usually much cheaper to work with them.

user1497480444 · 31/07/2017 15:40

have yet to meet a decent one. well, I haven't come across as many as you, but I have only ever met one unhelpful one

Mollyboom · 31/07/2017 15:40

Also as this is non council tax payment they will have a distress warrant issued by a Magistates court to recover goods to the value of the debt and that is all. No power of entry and nothing else.

YogaDrone · 31/07/2017 15:44

The OP will have to pay the bailiff fees anyway. What they can charge is set out in statute law. And if they decide they can't find/don't want the car they will attempt to take possession of other things instead.

Mollyboom · 31/07/2017 15:45

Bailiffs do not have ANPR and they will not waste their time ultimately the value of the car is far less than the debt. It is not illegal to park your car away from your home address and I can only speak from experience but everyone I know who has temporarily divested themselves if goods has not had them tracked down by bailiffs. These are not High Court Sherrifs but local bailiff agents. As I see often you can't take things from people who have fuck all. The debt is returned to the court and they will issue a warrant for you to attend.

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