Help please

AMBERSHADOW

I need help please regarding The Dam Bailiffs again

They have sent me a card today telling me somone is comming to visit Thursday which thursday I dont know
I called the number and they told me what I suspected anyway that our checks had been cancelled which wwe did as then our mortgage that is already in arear's would not be paid in full and that already has a court order so cant miss that payment.
Anyway I tryed to come to som aggreement with him and he was dame right rude the bloke on the phone and said he wanted all the money or the bailiff would be round again to pick up now 600 odd when the debt was for 95.00 which they paid 86.00 to the council for the fine.
I paid them 100 on debit card and they took 101 supposedly for a fee for using card BuT I Said i only authorised you take 100.

anyway apprantly they are returning And they clamped my car last time But they told me at the time of comming on the 24th oct08 that the car was registeered to me when they issued the warrant well Now its not registeed to me
And I have proof pf this too from DVLA

Now I have been told legalythey cant take the car now its against the law But I have tryed to go to the download bit of the bailiff site set up by herbie21 and I have to have password but not ill ive paid So how do I pay does anyone know

AMBERSHADOW

anyone please

poorandindenial

Sorry Amber - I am no use but have you tried PMing Herbie21?? She might see that before she this thread. Also Fatbelly could be worth a PM if you can track them down.

beanielou

Sorry cant help.

epsilondraconis

I have to say that the text is a little difficult to follow. Have you contacted the citizens advice bureau, they may be able to assist in the first instance and provide you with some poiners as to your next steps. Good luck anyway. Sorry I couldn't be of more assistance.

ebsay2000

bumping this thread up

fatbelly

I see I got a mention earlier on... I'm not the expert in bailiff law - that is definitely Herbie21's field.

It sounds like you have mortgage and parking fine. Both are priority debts but if you have a suspended possession order on the mortgage then I would agree that you have to prioritise the priorities (if that makes sense) and that the mortgage comes first.

Don't expect the bailiff to understand that.

The key here is to deny the bailiff entry. On CTax debts, they can only force entry if you gave them peaceable entry on a previous visit. If you don't let them in they are reduced to levying on items outside the house, and if the car is not yours then eventually the debt will go back to the council. If this matter is now regarded as a magistrates court fine, I'm not sure whether new rules do give them more power, perhaps someone else can help us here.

poorandindenial

Hi fatbelly - sorry hun, that was me. I have seen you give useful advice on tricky threads before:o

AMBERSHADOW

fatbelly wrote: »

I see I got a mention earlier on... I'm not the expert in bailiff law - that is definitely Herbie21's field.

It sounds like you have mortgage and parking fine. Both are priority debts but if you have a suspended possession order on the mortgage then I would agree that you have to prioritise the priorities (if that makes sense) and that the mortgage comes first.

Don't expect the bailiff to understand that.

The key here is to deny the bailiff entry. On CTax debts, they can only force entry if you gave them peaceable entry on a previous visit. If you don't let them in they are reduced to levying on items outside the house, and if the car is not yours then eventually the debt will go back to the council. If this matter is now regarded as a magistrates court fine, I'm not sure whether new rules do give them more power, perhaps someone else can help us here.

Yes this was a parking fine and I had two the same day which is why I got so confused afer 18 months of not hearing nothing.
I paid one with check and thought Id paid this one they are chasing me for But I didnt I send copy of check to the council 18 months ago and heard nothing untill theu clamped the car.

But the bailiff said it was registered to me yes it was on the time of the fin now its not the car is my husbands and is on finance too in his name.


Sorry for the mixed text on forst message I just cant get it all out witthout getting in a state theres so much to say

RobertoMoir

AMBERSHADOW wrote: »

But the bailiff said it was registered to me yes it was on the time of the fin now its not the car is my husbands and is on finance too in his name.

Has the bailiff levied distress on this vehicle in the past for the debt that is now a problem? If they levied distress on the car at a time when it was yours, and the debt concerned hasn't been cleared yet, then the car isn't yours to give away any longer.

fatbelly

Is the car on hire purchase?

If so, it doesn't belong to either of you - it belongs to the finance company.