They took my car :-( any advice??

caramelpie · 4 March 2009 at 10:42PM

Hi,
I posted on here last week in the midst of the bankruptcy process....anyhow...got home today to find my car gone :eek:
A bailiff company have taken it for money i owed to the council, £200, when my car is worth £1500 approx? don't know how that works? on further investigation i find that i have paid the debt a few months ago but direct to the council...obviously the bailiffs still think i owe it, as it was after 5pm i haven't managed to speak to anyone about it, just wondered if anyone has been in the same situation with any advice? shouldn't the council have told them that i had paid the debt?

plus my mum had to rush out and buy a carseat so i could collect my son from nursery as my carseat was in the car :mad:

Thanks in advance,
Caramelpie without wheels

tigerfeet2006 · 4 March 2009 at 10:52PM

Sorry can't help on this but give herbie21 a PM and she should be able to help. Her website is www.bailiffadviceonline.co.uk have a look on there and see if there is any advice.

Merry_Gentry · 4 March 2009 at 10:57PM

First thing in the morning you need to speak to the council - if only to ensure that they are ready to provide evidence to the bailiffs that you have indeed paid the debt.

caramelpie · 4 March 2009 at 11:04PM

The total bill from the bailiffs now is £810...i hope i don't have to pay this to get my car back

fiveyearplan · 4 March 2009 at 11:09PM

What a terrible thing to happen. If you didn't owe the money they shouldn't have taken the car so I would have thought no charges but who knows. Did you check out the website Tiger suggested above?

JCS1 · 4 March 2009 at 11:10PM

Also phone your OR, as the car is an asset in your BR, not sure if the Bailiff's can take it?

caramelpie · 4 March 2009 at 11:15PM

I just checked that website and found this :

"Statutory Regulations state that the following items are exempt and must not be taken.
• "Such tools, books, vehicles and other items of equipment as are necessary for use personally in employment, business or vocation"
• "Such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying basic domestic needs of the person and family".
Because the above list is so vague, and not very specific, we have reviewed over 75 contracts between local authorities and their relevant bailiff companies to see what items are listed by the majority of councils as being exempt. These items are as follows:
• Goods of minimal or no resale value
• Food items, cooking utensils
• Items that would leave family unable to prepare a hot meal.
• Heating appliances
• Children’s items, toys, prams (but computers and bikes can be taken)
• Disability items to be used to care for the sick
• Medical aids or medical equipment
• Items purchased using money from Social Fund
• Refrigerators
• The main form of cooking: if you have a cooker and microwave, the bailiff could take the microwave. If you only have a microwave then this must not be seized.
• Washing machine, vacuum cleaner
• Personal items: such as family photographs/pictures.
• Items of minimal value, and or broken items.
• Goods either rented, or hired."

As they took the car I needed to be able to collect my 10 month old from nursery, along with the car seat and pram, i'm guessing they were in the wrong?

Caramelpie

caramelpie · 4 March 2009 at 11:16PM

JCS1 wrote: »

Also phone your OR, as the car is an asset in your BR, not sure if the Bailiff's can take it?

Not officially BR yet, just filled in the forms and waiting for a court date.
Caramelpie

fiveyearplan · 4 March 2009 at 11:18PM

I read that to mean do you use the car yourself for business or employment - not just personal use? I could be misreading it though. The main issue I would think would be that you didn't owe the debt.

caramelpie · 4 March 2009 at 11:24PM

fiveyearplan wrote: »

I read that to mean do you use the car yourself for business or employment - not just personal use? I could be misreading it though. The main issue I would think would be that you didn't owe the debt.

Well I can't get to work in the morning now, unusually I'd had a lift there today, wish I'd have taken my car now! ....but I was more worried about not being able to get my son! It's just so frustrating, I owe £1000's to others and they've not even come close to sending a bailiff, but for a £200 debt these guys take my car, it just doesn't make sense to me?! Think I'll get some legal advice in the morning.
Caramelpie

Merry_Gentry · 4 March 2009 at 11:32PM

Working for the council, I can confirm that they DO chase debts quite heavily because they have to report back that they are doing so IYKWIM. Basically it counts as Council Tax payers money, so they have to be seen to be doing something about debts.

They took my car :-( any advice??

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