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Baliff at the door. Help - Urgent

I've got a baliff at the door requesting £450 ish for unpaid council tax, the original amount was only £300.

He's blocked my car in the drive, saying he will take it away as I refused to let him in the drive.

The cars in my drive, on private property and the car is only HP.

The total HP is around 8k, we have only paid around 1k.

Can he take it ?
«13456

Comments

  • LilacPixie
    LilacPixie Posts: 8,052 Forumite
    no tghe car isn't yours its the hp companys
    MF aim 10th December 2020 :j:eek:
    MFW 2012 no86 OP 0/2000 :D
  • Courgette
    Courgette Posts: 3,242 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    Can you phone your local CAB and ask their advice? May be a little quicker in such an urgent situation
    Updating soon...
  • so_so_2
    so_so_2 Posts: 28 Forumite
    so he cannot take it?

    He's now sat in his car on my drive, blocking the car in.
  • so_so_2
    so_so_2 Posts: 28 Forumite
    Courgette wrote: »
    Can you phone your local CAB and ask their advice? May be a little quicker in such an urgent situation
    I'm trying now, they are engaged
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    They should not take a car that they know to be on HP, but as far as I remember the burden of proof is on you to prove it is subject to HP.

    You might get some quicker help calling National Debtline.

    Free on 0808 808 4000.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • May
    May Posts: 170 Forumite
    Be careful here - they will try anything to get the money from you. DOn't let him in your house and more importantly - do not sign anything!
    If you pay him a small amount, get a receipt - BUT DO NOT SIGN ANYTHING. Basically the form you sign is a levy form of which he will go away and fill in goods from your house that you own - even though he hasn't been inside. If you can - get his office number, call and make a payment over the phone.

    ANd then tell him he can sit there all day if he likes.
  • so_so_2
    so_so_2 Posts: 28 Forumite
    i have not got the money to pay him anyway,

    i've told him to come back next week and i can pay.

    but he wants the money now.

    sorry for the bad gramma, I'm trying to get through to the debt helpline.
  • looby75
    looby75 Posts: 23,387 Forumite
    I don't know if this will help but on page two (top right hand side) it says

    "they cannot take goods which are rented or hired. This includes goods on hire purchase agreements. Show them a copy of your credit agreement if you can."

    Maybe you could print it out and [strike]shove it down his throat[/strike] show it to him along with any paperwork you have proving the car is on HP.
  • RAS
    RAS Posts: 36,141 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi

    Do not open the door, do not sign anything and if he will not leave, call the police.

    He cannot do a walking possession order on a car that is on HP as you do not own it.


    Ask for his name and company and e-mail the details to Herbie21 at www.bailiffadvice.co.uk. She can check that he is licenced and will help put in a formal complaint if he does not leave. she will also advise you on the legitimate fees, but this should be less than £50 for two visits.

    The Walking possession order would be about £150, which is why you need to ensure you do not sign anyhting or open the door.
    If you've have not made a mistake, you've made nothing
  • so_so_2
    so_so_2 Posts: 28 Forumite
    Update, Just got off the phone to the debt helpline and spoke to him again.

    Bailiff said.

    he can take the car on HP, just they just can not sell it.
    He has charged £150 removal van vist (he has not accessed the house and I have not signed anything)
    Hes also charging £60 per hour whilst sitting there. I told him he cant as he has no house access. He said he does not need house access as the car is on the drive.

    Debt helpline said..
    He cannot take the car on HP.
    He cannot charge £150 van vists as they hane no access to the house, nor can he charge £60 per hour with no house access
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