URGENT>>>can a bailief take a motorbility car

denise070

Hi there
We have just had a huge shock, pushed through our door was a letter from a bailief saying we owe local council £368, we phined them immeadatly as we know nothing of this bill, turns out its a parking fine we contested as my husband was displaying a blue badge. We never heard any more from the council so thought it had been succuessfully contested.

But the bailief says that not the case and if we dont pay hiim £368 by 7pm tonight then they will take the car away as it printed in motorbility small print they have the right to do this, we cant find any info on this at all and motorbility are shut.

We dont have this kind of cash, i am unemployed and my husband is disabled.

The car;s regisitered owner is motorbility, and the car they are threatening to take is not the one used in the parking dispute.

i am sure they are trying to pull a fast one, but would like to know the law before they turn up!

oldsporty

How frightening for you!! I am not sure but it sounds like they are having you on. Ask them to show you where it says they can do this. I am almost sure that they car isn't owned by you persay but leased to you!! Get help as quick as you can, even the Police if you have to.

oldsporty

Also ask to see the Court Order, from what I could just find on here they have to have this to remove any item and you have had to have had a copy and should have been told of the court hearing. The more I read the more I think they are trying it on. there are proper procedures they have to follow and even so I am sure as it is a motorbility car it isn't yours for them to take. Let us know what happens, Good Luck.

kirwell81

The other thing I would do if you can is park the car away from your house somewhere - they can't take what they can't find.

oldsporty

Also just found on here that you can ask the court for a variation order. This means you can sort out a repaymnet that you can afford. Also make sure you have the name of the baliffs as this seems to be them lying and bullying!!

hallowitch

no the bailiff cant touch a mobility car and I'm 100% sure of that

LittleTinker

No, they cant take the car as it isnt yours.

If they try to, phone the Police.

Chorlie

I didn't think a bailiff can take anything if you can prove that you're contesting the debit, but not 100% sure on that.

Also they can only take goods belonging to the person who owes the debt, so since the car is owed by mobility they can't take it and all your documents can prove it owed by mobility.

I'd call the police if they come back, make sure when you call you tell the police you're disabled and feel threated.

Edit:
http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=02_bailiffs_and_council_tax

denise070

My husband has paid them, we have borrowed the money from family, I personally would have taken themm on when they arrived, but hubby was worried that they would clamp the car and tow and then we would be without a car while we sorted it out.

TOBRUK

It seems very strange that you haven't heard anything about paying the bill or any letter stating that you owe the council such and such and giving you a chance to pay it before sending bailiffs round!

Sounds like a scam to me! As others have said they can't take the motability car as it isn't yours in the first place! Move the car away in case they try and take it.

Do not let them into your home - do not open the door and make sure all windows and doors are closed. I wouldn't let them in and call the police.

It is disgusting that they would do this.

TOBRUK

denise070 wrote: »

My husband has paid them, we have borrowed the money from family, I personally would have taken themm on when they arrived, but hubby was worried that they would clamp the car and tow and then we would be without a car while we sorted it out.

Oh you poor thing to have to go through such an ordeal! I do think you should call them up on Monday and tell them what you think of them and explain that this was the first you'd heard of this payment.

To think that the bailiffs come around on a weekend when the offices aren't open for you to contact is outragous.

Do write a letter to them to complain and send a copy to your MP.