My car is on finance.
A bailiff is not allowed to take
a vehicle subject to hire purchase.. The vehicle is legally owned by
the finance company until full payment is made.
Immediately you are aware that a
bailiff could visit…..you must write to inform them that
you do not own the vehicle. Our advice would be to send the letter
by registered mail….an ensure that you keep a copy for your records.
We have provided a template letter that can be adapted to suit your own
particular case in the Letters Section
of our Downloads area.
My car is subject to hire purchase.
Hire purchase means what it says….you are merely hiring
the vehicle…..until the final
payment has been made, again you will need to provide proof.
However, we have had many cases recently where a bailiff has still taken a vehicle on HP knowing that he cannot sell it, but hoping that by removing it they can convince you to pay !!
Please note that if you have been served with a default
notice under the Consumer Credit Act 1974, here have been
occasions when the car has been taken by the bailiff. If you have not
defaulted on your agreement, a bailiff cannot
take your vehicle. Again, by visiting the Letters
section of our Downloads area, you
will see that we have provided a letter that can be adapted by
you that should be sent to both the Bailiff Company and the local
authority that instructed them.
I have a bank loan outstanding for my car.
In this particular case, your car can
be taken by the bailiff. This is because you are considered to be the
legal owner of the car, and your name will be on the log book.
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