Bailiffs and BR

gangnamstyle

Hi there

i have got a tricky situation....

a few months back a bailiff gave me a walking possesson notice for my car - even though i said i needed it for work...

subsequently i came to arrangement with the solicitors acting on behalf of the creditor ( not the bailiff company)

The solicitors said the account would be closed with the bailiffs and that i just need to pay them

i spoke with the bailiff company who said they will speak with the solicitors and that if that is the case the will close the account...

However i am now due to go bankrupt (mid jan) so i wondered whether i have anything to worry about? can they still enforce the walking possession levy? or being as they said the account was closed with the bailiffs is it now void? plus being as it was on car i need for work?

Hope someone can help....

debt_doctor

Hi,

What type of debt is being collected here? ie c/tax? loan? court fine? or other?

Is the car owned by you, not on HP or similar?

Are you employed or self employed?

Did the bailiff actually get close enough to your car at any time where s/he could physically touch it if they wanted to?

DD

gangnamstyle

debt_doctor wrote: »

Hi,

What type of debt is being collected here? ie c/tax? loan? court fine? or other?

Is the car owned by you, not on HP or similar?

Are you employed or self employed?

Did the bailiff actually get close enough to your car at any time where s/he could physically touch it if they wanted to?

DD

Hi

it is a unsec debt (overpayment)

i'm self employed

car is owned by me

Yep - bailiff was standing next to my car when he gave me paper work

debt_doctor

If you are self employed and the vehicle is essential for your use in the business then your vehicle is exempt goods. There is no valid levy and therefore no legal claim to seize it.

DD

debt_doctor

In bankruptcy you will need to prove a need for the vehicle and that it is not of excessive value.

DD

gangnamstyle

debt_doctor wrote: »

If you are self employed and the vehicle is essential for your use in the business then your vehicle is exempt goods. There is no valid levy and therefore no legal claim to seize it.

DD

Hi

I need the vehicle as i work in different locations around the U.K - its only worth £700 but it gets me from a to b

What would happen if they ever turn up after im bankrupt? do they just take or do i get chance to explain the situation?

Thank you for your help so far...

debt_doctor

The bailiffs have no more right to seize your car than I do!

To have a levy (walk in possession) that consists entirely of exempt goods is no levy at all. If the bailiffs ever tried to take that vehicle you should call the Police, and you should tell the bailiff (if you ever need to) that is exactly what you would do.

Seems like you will be quite easily able to claim the vehicle as exempt in bankruptcy, and the value is certainly acceptable.

DD

gangnamstyle

debt_doctor wrote: »

The bailiffs have no more right to seize your car than I do!

To have a levy (walk in possession) that consists entirely of exempt goods is no levy at all. If the bailiffs ever tried to take that vehicle you should call the Police, and you should tell the bailiff (if you ever need to) that is exactly what you would do.

Seems like you will be quite easily able to claim the vehicle as exempt in bankruptcy, and the value is certainly acceptable.

DD

Thats great,

out of interest - i had a letter saying i needed to send the log book ( never did) as i was under the impression they werent dealing with it anymore

so were they after the log book so they could get ownership? - why did they bother if they know it would be exempt?

You've been great - thank you so much for your help!

debt_doctor

gangnamstyle wrote: »

Thats great,

out of interest - i had a letter saying i needed to send the log book ( never did) as i was under the impression they werent dealing with it anymore

so were they after the log book so they could get ownership? - why did they bother if they know it would be exempt?

You've been great - thank you so much for your help!

Perhaps they were trying to do just that. Bailiffs rely on debtors ignorance of their rights, the law and their vulnerability.
If you don't claim the vehicle is exempt, then they won't say it for you!
Thing is you did say that it was needed for work - and although they dismissed your claim, they didnt take the car did they?
So they managed to bluff you in to thinking they might come back for the car when infact they knew they never would.

Don't feel bad about it, it's exactly how bailiffs work.

Glad to help.

DD