Can a Bailiff take my car?
Yes they can…and in particular, it is the easiest item
to remove as in most cases, the car is either parked on your driveway
or within a few metres of your home. In fact one bailiff company’s
website states that: “We regard the presence of a vehicle
that can be seized….. as a bonus!!
Until recently, it was very rare for a bailiff to clamp a car when he was enforcing a Liability Order for outstanding Council Tax. Sadly we are hearing of more and more bailiffs's clamping a vehicle in order to force you to pay the outstanding amount immediately.
Also, from an emotional point of view, the threat of having the
family car taken is normally enough to force most people to go
to extreme lengths to find the money to pay the debt, normally
by borrowing money or using funds that are vital for utility and
food bills etc.
If there is a danger that a bailiff could seize your car, our
advice would be to write immediately to both the bailiff company
to inform them if any
of the following is applicable to you:
• The car does not belong to you.
• You are self employed and the car is necessary for business.
• The car is subject to a Finance Agreement.
• The car is subject to a Hire Purchase Agreement.
You will see that we have provided a letter that can be adapted
to suit your own particular circumstances in the Letters
Section of the Download area of our
site.
If the bailiff believes that that you own the car…he can
take it. There is Case Law that shows that the onus of proof is
on you, not the bailiff to prove
ownership of the vehicle, and that it is “not reasonable”
to expect the bailiff to make enquiries as to ownership”.
Please refer to the Legal Cases section
of our Downloads area for a copy of
this particular legal case.
What happens if you do not own the vehicle.
The bailiff can only take a vehicle that is owned by you. If
the car is not yours….our advice would be to write to the bailiff
company immediately, and remember….
it is up to you to provide proof…. not the bailiff. By visiting
the Letters section in our Downloads
area you can access a copy of a Template letter that can be adapted to
suit your own circumstances.
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