Bailiffs levied on car i don't own anymore???

Icanandwillsavemoney

Hi, hope you can help.

I sold my car to a neighbour on 02/06/09 and the bailiffs came on 03/0609 and levied on it on 03/06/09.

I explained that I no longer owned it and they said well show us the V5. I can't show that as I had posted the info page off and the new owner (she was out at the time) has the new keeper supplement. They have given me 5 days to prove I don't own the car. Fortunately, I had photocopied the v5 changes before it went in the post.

Will this be enough proof? Will this stop them taking my car?

I didn't sign anything at all and they have not been into my house.

He is very annoyed because I keep making monthly payments to the council directly and not to him. He was very sarcastic and even put exclamation marks on the forms!

He also added on fees of £169 too. Can this be right?

I am worried that he will just clamp and take the car without looking for the proof as it will still be parked in the cul de sac!

What should I do???

the_rottweiler

BUMP
I think the bailiff may just be trying to scare you into paying up, he cannot levy something that does not belong to you.
Someone with more knowledge will be along soon (I only know what I have learned here)
Main thing is do not let this thug scare you, he is playing on the fact that you dont know your rights
Try to pm Herbie21 who runs and advice line, but keep trying as her box gets full very quickly
good luck

rog2

Icanandwillsavemoney wrote: »

He also added on fees of £169 too. Can this be right?

Probably not - there are maximum charges that a 'Bailiff' can apply, plus ways that you can complain if you feel that those charges are unrealistic.

Couple of links for you, Icawsm:

http://www.bailiffadviceonline.co.uk - this site is run by Herbie21 who is a regular poster on this forum. You can pm her if you want personal advice.

http://www.insolvencyhelpline.co.uk/debt_basics/bailiff-guide.php - this link will explain your rights when dealing with a 'bailiff' and what the 'bailiff' is entitled to levy upon.

You are right to try and deal directly with the Council - normally a 'Bailiff' when collecting unpaid Council Tax, will only call twice if there is no-one at home, before passing it back to the council as the charges. that he is legally entitled to add, do not justify further visits.

A 'Bailiff' can not seize goods which do not belong to you - including vehicles. Even if the vehicle still belonged to you, he could NOT seize it if it was a vehicle that you used for work. You do not, normally, need to show the V5 document, but, if you have a photocopy this could be useful. The current owner of the vehicle can sign a 'Statutory Declaration' - usually at a Solicitor's office - which is sufficient.

AGB863

We have had similiar cases with clients - the bailiffs should cross check with Swansea to see if you are the registered owner. I would also notify the local council tax recovery team of this situation.

RobertoMoir

Icanandwillsavemoney wrote: »

Hi, hope you can help.

I sold my car to a neighbour on 02/06/09 and the bailiffs came on 03/0609 and levied on it on 03/06/09.

I explained that I no longer owned it and they said well show us the V5. I can't show that as I had posted the info page off and the new owner (she was out at the time) has the new keeper supplement. They have given me 5 days to prove I don't own the car. Fortunately, I had photocopied the v5 changes before it went in the post.

Will this be enough proof? Will this stop them taking my car?

I didn't sign anything at all and they have not been into my house.

He is very annoyed because I keep making monthly payments to the council directly and not to him. He was very sarcastic and even put exclamation marks on the forms!

He also added on fees of £169 too. Can this be right?

I am worried that he will just clamp and take the car without looking for the proof as it will still be parked in the cul de sac!

What should I do???

You don't have to prove you don't own the car, they have to prove you do. Sad for them.

Icanandwillsavemoney

Thanks everyone, peace of mind restored!

He accused me of being blase and I guess I was a bit as I am a lot more clued up on my rights thanks to everyone on here so I did kind of laugh a little ... naughty but he is soooo horrid.

Thanks again

Icanandwillsavemoney

I have just read somewhere, that if I don't sign the notice of seizure and inventory of goods notice that he pushed through the letterbox detailing the car, that he can not use it. Is this true? Or have I read it completely wrong - wouldn't be the first time!

RAS

Hi

We had this the other week and Herbie21 advised that regarding the car, he can use an unsigned levy but regarding other items, he has to have your signature. So he cant peer in the window, see a TV, list that and stick the levy through the door.

foolishboy

I thought the V5 showed the registered keeper, not the owner? If so the V5 is of no interest to them whatsoever.

Foolish

Icanandwillsavemoney

foolishboy wrote: »

I thought the V5 showed the registered keeper, not the owner? If so the V5 is of no interest to them whatsoever.

Foolish

Really, oh no. How do I prove I don't own the car?

rog2

Icanandwillsavemoney wrote: »

Really, oh no. How do I prove I don't own the car?

As posted above - you don't have to. It is up to the 'Bailiff' to prove that you own the car.