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Baliff at the door. Help - Urgent

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Comments

  • so_so_2
    so_so_2 Posts: 28 Forumite
    I'll email herbie now.

    Just spoke to the car finance company. He can not take the car to sell but they are not sure if they can impound the car waiting for payment.

    Just to add, we have another vehicle that they dont know about.
    we have a 15 month old baby and a 6 year old.
    I work 30 miles away so need a car for work. The girlfriend also works full time and takes the baby to child minder and daughter to school every day.
    Except were off work today :(
    So both vehicles are used to commute to work.
  • smashedbooboo
    smashedbooboo Posts: 4,558 Forumite
    Part of the Furniture Combo Breaker
    They cannot charge the amount he is asking, No way no how. They have to go through certain procedures first. And just because you have seen his ID does not always mean he himself is certified. Herbie can check this for you.
    Night Owl Member No 1 :rotfl: :rotfl:
    Night owl member of the threesome. Rules are for fools to follow and wise men to be guided by
    No Man is worth your tears,
    And the one who is wont make you cry !!!!!
  • smashedbooboo
    smashedbooboo Posts: 4,558 Forumite
    Part of the Furniture Combo Breaker
    Well if they cant sell it then there is no point intaking it then. Also if they do take it then they may charge storage fees whilst they have it.
    Night Owl Member No 1 :rotfl: :rotfl:
    Night owl member of the threesome. Rules are for fools to follow and wise men to be guided by
    No Man is worth your tears,
    And the one who is wont make you cry !!!!!
  • Is your council South Hams
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    They cannot charge the amount he is asking, No way no how. They have to go through certain procedures first. And just because you have seen his ID does not always mean he himself is certified. Herbie can check this for you.

    Yep. You need to see his actual certificate not the ID.

    This is from Herbie21's site:

    Link: Council Tax - What happens if the bailiffs have been instructed?
    It is important to be aware that there are certain procedures that the Certificated Bailiff must follow when he visits your home or business.They must have with them:

    • Proof that the bailiff is a “Certificated Bailiff”. You must ask to see his Certificate…not his ID card!! ( See: Facts about Bailiffs section )
    • Written authorisation from the Local Authority.
    • A breakdown of the charges the bailiff is allowed to make for each visit.
    The rest of the info in that link is worth reading as well.
    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
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Well if they cant sell it then there is no point intaking it then. Also if they do take it then they may charge storage fees whilst they have it.

    Apparently..... My car is subject to finance/hire purchase/loan.
    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.

    but
    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 !!
    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
  • so_so_2
    so_so_2 Posts: 28 Forumite
    BigBenDee wrote: »
    Having worked for one of these bailiff firms in the past :o , I would suggest that you contact the Local Authority who you owe the council tax to.

    Be very apologetic about not paying and offer to make payments direct to them if they can call the bailiffs off. Offer to go in and discuss the situation with one of their officers. Explain that you're trying to sort your finances out.

    Only offer to pay what you can afford AND STICK TO IT. This may be a once only offer.

    Hope this helps and good luck

    Just spoke to the council, she spoke to the baliffs who confirm the charges, all be it a few £'s less then what the baliff said.

    Since he is now outside she cannot do anything about it, as they are here to collect the money.

    Its now been about 1.5 hours, and he's still there - lol

    If he was going to take the car, why dosnt he just take it?
  • a11waysindebt
    a11waysindebt Posts: 922 Forumite
    What section of the council did you speak too,was it the recovery section.
  • so_so_2
    so_so_2 Posts: 28 Forumite
    Is your council South Hams

    Torquay (torbay)
  • so_so_2
    so_so_2 Posts: 28 Forumite
    What section of the council did you speak too,was it the recovery section.

    Not sure, I asked for council tax at the exhange, which put me though to a department.

    She confirmed with the bailiff's, the charges.
    Arrears... £342.50
    Charges... £175.00 (£150 of that being a van call, £15 being bounced cheque charge)

    We were going through a payment plan, until I mentioned he was at the door. Then she said, "Oh, I cant help if they are there now, That's between you and them as they are paid to collect the money"

    I've got no problem paying it, just cant now, Can pay in full on friday.
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