Help! Been told baliffs are coming!

janthemum

If in wrong place sorry and please move.


I will try and keep brief.


My partner didn't pay tax for car (due 1st May, thought he didn't have to as a lease car deal. Called garage this am apparently he does.)


So he got a letter last night when he got in from ADVANTIS to say call them re a 'business matter with DVLA.' We called and were told it was due to unpaid tax (His fault he didn't change address on V5 so he wasn't getting relevant post)


I called DVLA and paid with his card this morning as don't dispute in anyway he shouldn't pay.


The lady at DVLA said he must pay £80 fine to Advantis as bailiffs were coming to get the money. I said we wanted to dispute the fine as at this point I was quite wound up at the thought of bailiffs.


She said even if he writes to dispute it the bailiffs' will turn up in the meantime and enter my property.


Now at this point I informed her it is MY PROPERTY not my partners. I own outright and have the deeds as proof. She didn't want to know and said would still come round to my flat and I was to seek legal advice!!!!! or go to the CAB as to my rights.


My rights as I know it is no one comes in to my home unless I invite them or the bailiffs are coming if I myself have a debt not settled.


Now I am very very upset.


She said she could help me no more and just get the legal advice.


I know he can just pay the fine which he will but its the principle that bailiffs could just turn up now and come in.


Thank you for reading and helping.

tomtontom

Be upset at your partner, not the bailiffs or the DVLA!

On what grounds is he disputing the fine? Keep in mind that more costs will be incurred if he keeps avoiding it.

bod1467

If it is your property then the bailiffs have no right of entry (as far as I know). They can't force entry to private premises, so when they're coming make sure all doors are locked and windows are closed. However the best advice you'll get is from Sheila at http://bailiffadviceonline.co.uk/ It costs £10 (I think) but may well be money well-spent.

bris

Just pay the £80 and appeal it later or each time the bailiffs are refused entry the fine will double.


It's all very well having principals but they are going to be costly, just remember this has gone to court and they are acting on the courts behalf.


Fighting bailiffs is a futile exercise as they will get you in the end. Whether you like it or not the blame lies with your partner, the fact he didn't properly understand his lease deal if no ones fault but his own.


If you want to play the game as suggested here and show how smart you are by keeping your doors and windows closed and refusing to speak to them, then just remember we didn't all tell you to do this.

powerful_Rogue

Failing to update the name/address on your driving licence or registered keeper's details for a vehicle is an offence and can result in a fine of up to £1000.

Id pay the £80, its due to your partners error that its due. I can see this getting more expensive and additional offences being brought in such as the one above otherwise.

pinkshoes

Pay the £80 immediately and be grateful he didn't get a fine for not updating his address!!

If he didnt update his address nor have mail forwarding, he doesn't have much of an appeal.

janthemum

I agree absolutely the blame lies with my partner and am mad with him! If he had filled in the address form none of this would have occurred.


He will pay the fine later this evening when he gets in.


I know it is his fault no questions on that. The bit I wanted advice on was the balif part and if they had the right to actually come in or force their way into a house that does not belong in anyway to the person who has the debt.


So thank you all who answered that query I had. Many thanks.

powerful_Rogue

janthemum wrote: »

I agree absolutely the blame lies with my partner and am mad with him! If he had filled in the address form none of this would have occurred.


He will pay the fine later this evening when he gets in.


I know it is his fault no questions on that. The bit I wanted advice on was the balif part and if they had the right to actually come in or force their way into a house that does not belong in anyway to the person who has the debt.


So thank you all who answered that query I had. Many thanks.

Dont know about the address, but im sure they could come to the address where the car is now registered and take that to cover the debt.

peter_the_piper

Has this been to court? if so its bailiff but otherwise its likely to be debt collectors saying they are bailiffs. Try bailiffadviceonline for help as they are very good at sorting these out. There may be a small charge.

London50

https://www.gov.uk/your-rights-bailiffs/what-you-can-do-when-a-bailiff-visits

unholyangel

powerful_Rogue wrote: »

Dont know about the address, but im sure they could come to the address where the car is now registered and take that to cover the debt.

Usually they can, but in this instance the car does not belong to the debtor.

I also don't think that OP owning the house is of any significance if the partner does indeed live there. IMO its no different to it being a private let, lodger or council tenant....someone else owns the property but its still the debtors residence.

This page from citizens advice hints at the same:
https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/bailiffs/stopping-bailiff-action/disputing-the-debt-bailiffs/

The person who owes the debt is your flatmate, housemate or lodger

If the person who owes the debt is your flatmate, housemate or lodger you may want to draw up an inventory, or list, of what items in the house or flat belong solely to you. Give this to the bailiff. The bailiff shouldn't take anything that you own. They could take items jointly owned between you and the debtor. You may need to find a way to prove who owns the items, for example by making a statutory declaration.