Jacobs Bailiffs!

epsilondraconis

Loopylu36, I know nothing about baliffs; however reading your thread you have indicated in post #15 where you have now parked your car. This is obviously a public forum and I would hate to think that someone from Jacob's did a search and found this thread. They would know who you are because they have levied on the Blue Hyundai.

Please change post #15 so that you don't indicate where you have parked your car (especially if you can't change the ownership quickly).

Good luck

loopylu36

epsilondraconis wrote: »

Loopylu36, I know nothing about baliffs; however reading your thread you have indicated in post #15 where you have now parked your car. This is obviously a public forum and I would hate to think that someone from Jacob's did a search and found this thread. They would know who you are because they have levied on the Blue Hyundai.

Please change post #15 so that you don't indicate where you have parked your car (especially if you can't change the ownership quickly).

Good luck

Good idea. Thanks :A

RobertoMoir

loopylu36 wrote: »

Oh, I just got my OH to sign the registration document as the new keeper but as you say that doesn't matter then. What do you mean when you say "really do it" I can make out a receipt but until they are the legal owner/registered keeper isn't it just a piece of paper? Sorry I'm a bit confused now x

They are the legal owner the moment they pay you £1 and you write out a receipt for £1 received for the sale of car 'reg no ab10cde'. When you buy a car at a garage and trade in your old one then you're the new owner of the new car and the garage is the owner of your old one the moment all the sale paperwork is done, not from when the DVLA get around to issuing new V5s to everyone.

If Jacobs are unhappy with your 'bit of paper' should they subsequently attempt to go for your OH's car because they think its yours, your OH may have to swear a statutory declaration at a solicitor asserting their ownership. If Jacobs don't like this, then that is their problem.

Registered keeper is *usually* the owner, sure, but the two things are not intertwined.

loopylu36

RobertoMoir wrote: »

They are the legal owner the moment they pay you £1 and you write out a receipt for £1 received for the sale of car 'reg no ab10cde'. When you buy a car at a garage and trade in your old one then you're the new owner of the new car and the garage is the owner of your old one the moment all the sale paperwork is done, not from when the DVLA get around to issuing new V5s to everyone.

If Jacobs are unhappy with your 'bit of paper' should they subsequently attempt to go for your OH's car because they think its yours, your OH may have to swear a statutory declaration at a solicitor asserting their ownership. If Jacobs don't like this, then that is their problem.

Registered keeper is *usually* the owner, sure, but the two things are not intertwined.

Thanks, that's great. I've made a receipt out to my dad.

My OH's car is a company car so no worries there.

I am just wondering about this vehicle recognition thing tho. Surely they would need to know that I owned a car and the registration number of that car before they could levy on it? Where would they get that info from? Do they have access to DVLA records or PNC?

kaya

here is a get out of jail free card, its a usefull tool when dealing with bailiffs, you can give away all your posessions legally and lawfully providing they have not been levied upon, fill in the blanks, get your husband(or other trusted person) to take it to a solicitors and get it witnessed (your husband will need to sign it in front of the solicitor) its costs a set fee of £5 and takes only a few mins to do, present a copy of the signed doc to the bailiffs and you will never hear from them again, this is the law and they know it only too well, marstons dissapeared into the sunset after i sent them a copy(they were trying to enforce a £20,000 court granted liability order at the time), this will cover ANY property and posessions at the address you put on the document

I (insert oh's name and address here)
make this statement knowing that it may be presented to a Court and believing the contents to be true.

1. I am the lawful owner of the aforementioned address and own all its contents and I declare there is no entitlement enabling anyone to change ownership, possession, location, use and enjoyment of my goods or deprive me of them for the purposes of using it as leverage for obtaining a money transfer from somebody else.

2. I further declare that any bailiff or person seeking a money transfer from somebody else including members of my household may not consider my goods property and chattels to be prima facie to be the property of, or belonging to somebody else.

3. This statement will be served on a firm of bailiffs known as

of by ordinary course of post and will be considered good service under Section 7 of the Interpretation Act 1978 as they have made a threat to convert my goods to somebody else’s use.

4. I believe that the facts given in this statement are true.


[NAME] _______________________


Date__________________________


Sworn before me:


______________________________
An officer of the Court/commissioner for oaths

loopylu36

kaya wrote: »

here is a get out of jail free card, its a usefull tool when dealing with bailiffs, you can give away all your posessions legally and lawfully providing they have not been levied upon, fill in the blanks, get your husband(or other trusted person) to take it to a solicitors and get it witnessed (your husband will need to sign it in front of the solicitor) its costs a set fee of £5 and takes only a few mins to do, present a copy of the signed doc to the bailiffs and you will never hear from them again, this is the law and they know it only too well, marstons dissapeared into the sunset after i sent them a copy(they were trying to enforce a £20,000 court granted liability order at the time), this will cover ANY property and posessions at the address you put on the document

I (insert oh's name and address here)
make this statement knowing that it may be presented to a Court and believing the contents to be true.

1. I am the lawful owner of the aforementioned address and own all its contents and I declare there is no entitlement enabling anyone to change ownership, possession, location, use and enjoyment of my goods or deprive me of them for the purposes of using it as leverage for obtaining a money transfer from somebody else.

2. I further declare that any bailiff or person seeking a money transfer from somebody else including members of my household may not consider my goods property and chattels to be prima facie to be the property of, or belonging to somebody else.

3. This statement will be served on a firm of bailiffs known as

of by ordinary course of post and will be considered good service under Section 7 of the Interpretation Act 1978 as they have made a threat to convert my goods to somebody else’s use.

4. I believe that the facts given in this statement are true.


[NAME] _______________________


Date__________________________


Sworn before me:


______________________________
An officer of the Court/commissioner for oaths

Thats' fab thanks!:T:D

RAS

let's get this straight before you get in more trouble.

The Statuatory Declaration is a legal document; you are transferring ownership for all your possessions to the other party. I know someone who did this, their relationship broke down and their partner, to whom everything was transferred by SD took EVERYTHING they owned. After a lengthy legal battle, the courts confirmed that the goods did belong to the partner including stuff the original owner had inherited.

However, this is not really a problem, as what you and OH need to do is learn is not to leave any windows or dooors open or unlocked at any time. That way the bailiff canot get in.

What might make sense is to go round the house and identify anything expensive that you own and sign that over. Bailif cannot take normal household goods and clothing but could take the washer or an expensive TV. They are only interested in stuff that has a decent sale value at auction, basically.

loopylu36

RAS wrote: »

let's get this straight before you get in more trouble.

The Statuatory Declaration is a legal document; you are transferring ownership for all your possessions to the other party. I know someone who did this, their relationship broke down and their partner, to whom everything was transferred by SD took EVERYTHING they owned. After a lengthy legal battle, the courts confirmed that the goods did belong to the partner including stuff the original owner had inherited.

However, this is not really a problem, as what you and OH need to do is learn is not to leave any windows or dooors open or unlocked at any time. That way the bailiff canot get in.

What might make sense is to go round the house and identify anything expensive that you own and sign that over. Bailif cannot take normal household goods and clothing but could take the washer or an expensive TV. They are only interested in stuff that has a decent sale value at auction, basically.

Thanks for the advice RAS. We are pretty solid but never say never! I don't think that we will be needing to do that anyway tbh. I'm going to phone the bailiff later and will let you know how I get on. If he's reasonable enough, fine, but if he's a git then we might have to play hardball! And I'm already on to keep the doors and windows shut - bit flipping warm tho!:D

loopylu36

I've spoken to the Bailiff this morning. I read somewhere (I can't remeber if it was here on the CAG website) that a Bailiff can't levy for his charges? Of a account totalling £615.82, the only amount that is outstanding council tax is £289.00. Now that I can just about pay, so my question is, if I pay this can I tell them to go whistle for their fees (I will of course complain in writing to both them and the Council).

RAS

No

You will still need to pay a first visit fee which is about £24.50. They might get away wirth the second visit fee because they did not do a legal levy. They can whistle for the rest.

What you ned to do next is to write to Jacobs, pointing out they do not have a legitimate levy. Copy your local councillor into the letter, then go and see him./her. Get the revenue office to tell Jacobs where to get off.