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What about my car and business
assets?
The following list is contained under the Child Support Agency,
Collection & Enforcement Regulations. The relevant Statutory
Legislation concerning this is the Child Support (Collection and
Enforcement) Regulations 1992, Section 30.
• If the Bailiff has levied on a vehicle,
then the Bailiff may wheel clamp it whilst awaiting a tow truck
to remove it. This can be clamped outside the debtor's home or
at their place of work. The Bailiff will ensure that all the legal
requirements associated with wheel clamping are fulfilled.
• The Bailiff may not levy on
a company car or vehicle provided
for the use of the non-resident parent, e.g. leased
car. However, the Bailiff may
levy on a vehicle owned by the non-resident parent, even though
he may use it to travel to and from work or uses it occasionally
for work-related activities.
• If the non-resident parent is self-employed
or runs a business, the Bailiff may not
levy on the vehicle that the non-resident parent uses to run his
business, e.g. works van. However,
if the non-resident parent runs a business that uses a fleet of
vehicles and these vehicles are in the non-resident parent’s
name, the Bailiff may levy on up to 75% of the fleet. The non-resident
parent can continue to trade using the remaining vehicles.
• The Bailiff can levy on any stock.
Stock is not considered to be equipment as it is continually being
replaced in the normal course of the business.
• If the non-resident parent runs a
shop using two or more counters and tills, the Bailiff
may levy on one of the tills, as the second till would not be
essential to the operation of the business.
• If the non-resident parent owns a public house, the Bailiff
may levy on 75% of the tables and chairs.
• The non-resident parent must own
all goods wholly. This means that goods bought on hire
purchase cannot be seized, until the final hire purchase
payment is made. Note It is the responsibility
of the non-resident parent to prove
that they do not own an item, or that it is on hire purchase.
• Bailiffs can check with HPI to establish if there is any
hire purchase agreement on a vehicle and have direct links with
DVLA, they have the same access as the Agency.
When the Bailiffs are in a property, they will identify specific
items, which can be levied, and list them in duplicate, with an
estimate of their sale value. The debtor will receive a copy,
which they must sign.
The goods removed will be held for
a minimum of five days to allow the
debtor time to pay the arrears and redeem their possessions. Goods
can only be sold at public auction after this time has lapsed
i.e. from the sixth day.
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