Council tax bailiffs

rm1301

Hi all,

I'm having a real nightmare of a time with my local council tax office over outstanding council tax that they believe I owe from a previous property. To cut a very lonnnnnnng story short I don't owe them anything but they won't listen and we have now passed the liability order stage and are onto the bailiffs stage. The bailiffs have now called 3 times and left me a letter each time basically saying this is the last chance before they turn up with a van. I am out at work at the times they call (7-5) so never see them anyway and I doubt would listen to my side of the story anymore than the council office so, and as a matter of principle I am not wasting my phone credit to phone them on their mobile number to discuss it.

Now on their latest visit (yesterday) they have also written the make, model and reg number of the vehicle which is parked on my driveway, presumably to 'scare' me into paying by 'suggesting' that they will be removing it next time they call. However, the vehicle doesn't belong to me, it belongs to my landlord whom I said could leave it parked here safely while he went on his 3 month trek round the world sight-seeing (I don't drive and therefore don't have a car of my own). The car is also registered in his name as far as I am aware.

My question is are the bailiffs just using scare-mongering tactics and legally have no right to take or 'immobilise' the vehicle (by way of a wheel clamp, for example) because it isn't in the name of the person to whom the alleged debt belongs to, or can they legally take it simply because it's sitting on the property regardless of who it is registered to?

I would appreciate hard facts rathen than 'hearsay' should anyone be kind enough to reply please.

Thank you.

Richard

pogofish

A lot of info here.

http://www.bailiffadviceonline.co.uk/

Including the answer to your question.

Here:

If there is a danger that a bailiff could seize your car, our advice would be to write immediately to both the bailiff company to inform them if any of the following is applicable to you:

• The car does not belong to you.
• You are self employed and the car is necessary for "your use only" in the course of your employment or business)
• The car is subject to a Finance Agreement.
• The car is subject to a Hire Purchase Agreement.

**NOTE**

With the credit crunch causing severe financial difficulties to families, it is worth noting that before a bailiff has levied on goods, you may sell, transfer, hide or even give away any item. This includes a vehicle.

You will see that we have provided a letter that can be adapted to suit your own particular circumstances in the Letters Section of the Download area of our site.

If the bailiff believes that that you own the car…he can take it. There is Case Law that shows that the onus of proof is on you, not the bailiff to prove ownership of the vehicle, and that it is “not reasonable to expect the bailiff to make enquiries as to ownership”.

So it might be a good idea to let them know in writing and with proof of delivery, or at very least, proof of postage, ASAP!

Right about not phoning them IMO. Keep as much of your dealings with them on paper/verifiable/witnessed if you can.

I'm sure someone who knows much more will be along soon.?

Back in the poll tax days, we used to "sell" seizable items to each other/family members who were not subject to recovery actions. Does that one still work these days and if so, do you have any obliging friends/relatives who might want to become the titular owner of your major goods? Remember to affix a sticker to each item and prepare an inventory of who "owns" what.