questions re bailifs and your car

Mouse1812

Great isn't it! The Local Government Ombudsman considers it reasonable... who am I to disgaree?

Perhaps it will be tested in court one day.

mattannar

Euphoria1z wrote: »

Hi

1- how do bailifs know you have a car? do they ask dvla to see if a car is registered to such a person at such an address? and are dvla obliged to provide this info? if so, does data protection not come into this?


The car is parked in a communial area as block of flats and spaces are not numbered so theres atleast 20 cars parked where ever theres space. asking neighbours will be no good so that leaves dvla and spying.

2- if they find your car and decide to take it /levy it or whatever, and you happen to go bankrupt on the same day, does that mean they CANT take it anymore?

Thanks

Is it your car outright or are you paying a loan on it. If so what type of loan, if it is on HP it will not be covered by bankruptcy.

alastairq

Is it your car outright or are you paying a loan on it. If so what type of loan, if it is on HP it will not be covered by bankruptcy.

I don't think the OP mentioned BR itself.....purely asking what actions a bailiff could take?

In itself, HP can muddy the waters with regards to ownership, anyway.

As I know it, the HP company actually retains ownership of the car, up to a certain point.

Beyond that point [whatever it is?] the HP company cannot reclaim the vehicle, and must seek other action to recover any financial shortfall.

Mouse1812

Actually the HP company retains full legal ownership until the final payment is made.

The “certain point” Alastairq refers to is a protection given by the Consumer Credit Act. That arises when you have paid one third (1/3) of the amount due under the agreement. Thereafter the HP company needs a Court Order to repossess the vehicle. Fall behind with your payments before then and they can just seize the car back.

On the point of Bailiff v the OR rights:

On bankruptcy the OR acquires the rights (but not obligations) of the Bankrupt in the HP agreement. The OR might choose to settle the HP and sell the vehicle (if worth more) or renounce the agreement. In practice the Bankrupt may just be allowed to keep the payments going - the HP company don’t want the car back they want the money.

A Bailiff acquires no such “rights” and can not take a vehicle which does not belong to the debtor.

Euphoria1z

mattannar wrote: »

Is it your car outright or are you paying a loan on it. If so what type of loan, if it is on HP it will not be covered by bankruptcy.

its my car owned outright ...

will be going bankrupt shortly ...

but dont want bailifs to get my car before the OR gets involved as theres a good chance the OR will let me keep it (i think)..

hence im wondering how they will know which car to take

Buzby

If you never park it close to your residential address, they will not discover it UNLESS trawling using ANPR and they happen to spot it. When parked, it makes sense to have 'dirty' plates (assuming they know what the VRM is). Otherwise, only by seeing you using it will the connection be made.

nomoneytoday

Why shouldn't a creditor get the value of the asset, as long as it's done before the B/R?

Euphoria1z

nomoneytoday wrote: »

Why shouldn't a creditor get the value of the asset, as long as it's done before the B/R?

There welcome to all my assets (properties) but not my car. Though its barely worth £600-£700 at best, i need it for various reasons. This situation may not even happen, but i like to plan things in advance to be on the safe side.

besides, theres more than one creditor ( what happens if 2 bailiffs turn up at the same time? do they fight for it?)

debt_doctor

nomoneytoday wrote: »

Why shouldn't a creditor get the value of the asset, as long as it's done before the B/R?

Why shouldn't a debtor protect their asset prior to bankruptcy?

mattannar

debt_doctor wrote: »

Why shouldn't a debtor protect their asset prior to bankruptcy?

Would you be saying that if you were the creditor?