Bailiff posted letter of seizure

Samiyakhan

Hi everyone a newbie here so don't know if I've posted in the right place.
Quick background an enforcement agent came to my property when I wasn't in. He posted a letter of seizure of a car which does not belong to me. I sent proof to say it is not my vehicle but my dad's. They do not believe this and said if I don't have the money in 24 hours they will take the car. The date of seizure was 31st August. He said he will be back on the 11th to take the vehicle. I sent them the invoice and bank statement to show it has been sold. He said he believes it's a ploy to get out of paying. Nothing else has been said and he has not come back. What do I do?
Thanks in advance x

tallyhoh

Samiyakhan wrote: »

Hi everyone a newbie here so don't know if I've posted in the right place.
Quick background an enforcement agent came to my property when I wasn't in. He posted a letter of seizure of a car which does not belong to me. I sent proof to say it is not my vehicle but my dad's. They do not believe this and said if I don't have the money in 24 hours they will take the car. The date of seizure was 31st August. He said he will be back on the 11th to take the vehicle. I sent them the invoice and bank statement to show it has been sold. He said he believes it's a ploy to get out of paying. Nothing else has been said and he has not come back. What do I do?
Thanks in advance x

Are you saying you sold it to your dad recently?

fatbelly

tallyhoh wrote: »

Are you saying you sold it to your dad recently?

It sounds like it.

This will become a mess if they remove the goods as your father will become what used to be known as an interpleader. It is now CPR Part 85 and will require a court ruling with your father lodging a sum equal to the value of the car, with the court.

As for what you can do, it's difficult to give options without a lot more information. Maybe running the whole thing past someone like National Debtline would be a good move.

ratrace

how much is the debt that is owned and what is the cars value

Samiyakhan

I sold it on the 4th April. The debt is for council tax at £ 2539. And the car is a cat D right off and worth about 3k.

fatbelly

Unless this escalates, which it may never do, treat it like a normal debt.

Bailiffs do not often remove goods - they much prefer cash.

Are you working? Can you offer payment? Do you have other debts?

midnight_express

As you have sold a car worth £3 you will be able to pay your debt, problem solved.

NewToTheUkAgain

The car looks like it was sold months ago midnight, why bother posting at all if your not going to post something helpful to the OP?

CIS

As mentioned above, if the enforcement agents refuse to release the vehicle it becomes a hassle as a court's intervention to determine ownership is needed.

It's unlikely the enforcement agent would remove a car - in over a decade of working in council tax enforcement my council never lifted goods. Only on one occasion did I have to get authorisation for an agent to do so, the end result was it was not needed anyway.

Most agents don't take goods because of the inherent time and hassle in doing so and, in most cases, their contracts will require them to get authorisation from the local authority before lifting them.


A claim under rule 85 of the CPR has a formal process that needs to be undertaken if the agents won't release the goods. You must make sure that rule 85.4 is followed - https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-85-claims-on-controlled-goods-and-executed-goods#III

[Deleted User]

Samiyakhan wrote: »

I sold it on the 4th April. The debt is for council tax at £ 2539.

To what date does the CT debt relate?

Samiyakhan

Thank you everyone. Yes I am working and I am currently paying this off at £20 a week directly to the council as the bailiffs are refusing to make a payment plan unless they receive at least £1005 upfront which I do not have. PS on the remark that I have sold the car for £3000 that is an assumption. The car is now worth £3000 as it has an engine fitted. When I sold the car the engine had gone so I had sold it for £700.
Also if I keep my dads car on the drive is there a chance they will now turn up unannounced and take the vehicle? or would they have to give me notice? Also how would I know if they have released the car? The council tax is for this year and last year. Just to add I was under the impression my landlord would be paying the rent. But realised only when it was too late and they started asking for too much upfront. I am a single parent working part time. Thank you to everyone who responded.