URGENT>>>can a bailief take a motorbility car

sunnyone

Its illegal to clamp a motability car or any other displaying a blue badge on the public highway.

Mupette

They can't take what isn't yours

Motability car (I assume you lease as most of us do?)

if so you don't own it.

They have just won and you have just fallen for it.

Sorry that really sounds harsh, and i would be excuse the pun bricking it too.

mcjordi

No basically as your "renting" it from Motability.

denise070

I would have sooner called their bluff, but my husband was worried that they would take the car and then we would be with out it while we fought to get it back and we live in a rural area and buses are few and far between and husband would struggle to get on and off them anyway.

We will ring the office the bailiff works for and put in a compalint as we feel we was bullied and threatening behavour was used. We will also ring mototbility to find out wether this horrid man was lying or not.

TOBRUK

If I were you I would phone the local council first as they are the ones that have sent the bailiff round - put in a formal complaint. Ask the name of the person responsible for setting this up in the first place.

It is absolutely disgusting the way you have been treated, and disgraceful behaviour by the council. What if you had been on your own, if something like this happened to me I would be terrified.

I just can't believe that things like this go on!

[Deleted User]

might be an idea as its a coucil matter to contact one of your local councillors on monday morning,after all cr*p like this is being done in THEIR name

kazzah60

contact your local press too - they LOVE this sort of story - I am disgusted that you and your hubby have been forced/bullied into paying a bill that you have no knowledge of
make sure you tell the local council and bailiffs office that you are going to the press with the story - that should make them hurry things up for you
hope you have some luck
kazza

TOBRUK

This is something 'Watchdog' may be interested in - you could email them! I'd like to see the council face Anne!!

But seriously, this is very serious and must be looked into. I'm sure you will feel shaken this morning and can't quite beieve what happened yesterday - I certainly can't believe what you were put through.

RobertoMoir

Chorlie wrote: »

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.

You're 100% wrong. The bailiff is obligated to act on instructions issued by their client. The client may well be wrong to instruct them to act while a debt is being disputed (no arguments there) but strictly speaking that isn't the bailiff's problem.

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.

This is the central point. If the motability car is not owned by the debtor then it cannot be seized, and IIRC motability schemes work like those 'eternal lease' schemes the car companies seem to love, don't they?

The OP should make sure to keep the bailiff out of their house and away from any other property less the bailiff decides to seize something else.

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

Keep in mind that council tax and car parking fines are not the same thing.

Also remember that the police definitely will not be interested in the nuts and bolts of a situation like this. Their job when called to things where bailiffs are involved is pretty much limited to preventing breaches of the peace by either side.

It is not their responsibility to tell the bailiff what to do, the bailiff is perfectly entitled to ignore them if they try (unless the police officer is preventing a breach of the peace of course), and the bailiffs will not be intimidated by the police's presence, I'm afraid.

Wicked_witch

TOBRUK wrote: »

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.

It's not unheard of unfortunately- someone registered a car in my (severely partially sighted) husband's name a couple of years ago and got a parking ticket- the first thing we heard was when a red bailiff's letter arrived demanding over £500. It was a nightmare getting it sorted out as the council kept saying 'well, it could be registered in your name with someone else driving' even after we got a copy of the reg form from the DVLA complete with totally fake signature.

We went to the local press in the end and they loved it and sent a photographer straight round to take pics of hubby and his guide dog . Funnily enough, as soon as the reporter rang the council for a comment, the problem and the fine vanished completely. I'd recommend it!