Oh help, Bailiff has levied on my neighbours car?!

Faye449

What happens now? Is he going to just take my neighbours car?!

He turned up this morning at 7am (I was still asleep!) and put the form through my door. what should I do??

My street doesn't have set parking spaces, everyone just parks anywhere and I don't have a car- I have a company car!

Judith_W

I'm sure it will be fine. You will have to admit to your neighbour what has happened and request a copy of the ownership form, but if you show this to the debt collectors they cannot take what is not your property.

DarkConvict

Bailiffs can levy any car nearby the property on the assumption it is yours, you need to tell the bailiff you do not own a car, then you have to get the neighbour to talk to them to get the levy removed.

Faye449

Thanks for your replies, I;ve not been able to concentrate at work for worrying about this! I will call the bailiff and see what he says.

AGB863

A car can only be levied if it is parked on the drive of the property that the bailiff is attending.

If they levy a car that is parked on the public highway, the road, it is not enforceable.

Faye449

well the good news is the bailiff said they would cehck with the DVLA before seizing the car but the bad news is she got the right hump and said she is going to get an arrest warrant issued for me (its council tax) unless I pay the full balance (which obviously I don't have or I would have paid it!) and then hung up on me.

I called back and tried to explain to her that I wanted to set up a payment plan of some description but she hung up on me again! Should I write to their offices?

AGB863

Don't think the bailiffs have the powers to get an arrest warrent for unpaid council tax.

From my understanding the local authority have to do that themsleves after the initial summons has been returned to them by the bailiffs

I stand to be corrected.

jimbms

Arrest warrent for unpaid council tax, hehehehe that should be fun.:rotfl:

dancingfairy

I can understand the bailiff getting the hump - they're not going to get the money out of you quite so easily. I think the OP is right though and it is up to the council to decide whether to take you to court for a cimmittal order or not and they have to have a special hearing at court for that first - the bailiff can't just decide.
You need to write to the council with an offer for payment. They are going to look pretty stupid if you have written to them with a sensible offer and refused it and then try and go for committal. Your local councillor may be a good port of call as when they get involved things tend to get sorted quicker.
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dancingfairy

jimbms wrote: »

Arrest warrent for unpaid council tax, hehehehe that should be fun.:rotfl:

It has been known but it's not very common I believe - you'd have to be being deliberately stupid/annoying for them to get that though and owe many years council tax - although I don't think I'd ever fancy being a test case and pushing my luck. As long as the OP makes a sensible offer then they should accept it.

DarkConvict

Bailiffs enforce the warrant they are given, be it to serve papers, arrest people, remove goods, remove goods with forced entry etc. The power lies in the warrant they are executing.

yes they can levy a car on the highway, so long as it is nearby the address marked on the warrant. Which is why we advise to keep it on another road, generally atleast a 2-5min walk away.