Bailiff posted letter of seizure

fatbelly

fatbelly wrote: »

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?

Samiyakhan wrote: »

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.

I agree with CIS that it's unlikely they will remove the car, although legally they could.

You are also correct to be making some payment to this even though the bailiffs have refused to accept it.

You could try asking the council to recall the debt, perhaps offering an attachment to earnings as an alternative, though again this is unlikely to be accepted until the bailiffs return the debt.

welly_59

The council has the ability to instruct the bailiffs to accept any offer the council deem fit.

They can use their discretion to either recall or instruct the bailiff

National_Debtline

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.

Hi Samiyakhan


You mention in your first post that a notice of seizure letter was posted to you for the car when you were not at home. When an enforcement agent takes control of an item they must obtain a signed controlled goods agreement (CGA). That is a list of the items they are taking control of, signed by you or another relevant person.


Did anyone sign the CGA on your behalf? If not, it is not valid and that means even if you cannot resolve the issue over who really owns the car, you can hide the vehicle to prevent the bailiff trying to take it. In the unlikely event they try to argue you have interfered with an item on the CGA you will have a defence that the CGA is not valid.


Bear in mind if the enforcement agent visits and does find the car there is nothing to stop them taking it there and then, although the experience of CIS is this rarely happens. To be on the safe side consider locking it in a garage, or keeping it away from your property.


Hope this helps


Susie
@natdebtline

CIS

The process for taking control of goods is covered in Part 2 of the Taking Control of Goods Regulations 2013 - if this is not followed then a breach of the regulations can occur and the control may not be legal.

A controlled goods agreement is not required if an alternative route of seizure is used under para 13 of Schedule 12 of the Tribunal Courts and Enforcement Act 2007. The enforcement agent should be able to confirm what powers he used.

13(1)To take control of goods an enforcement agent must do one of the following—

(a)secure the goods on the premises on which he finds them;
(b)if he finds them on a highway, secure them on a highway, where he finds them or within a reasonable distance;
(c)remove them and secure them elsewhere;
(d)enter into a controlled goods agreement with the debtor.

(2)Any liability of an enforcement agent (including criminal liability) arising out of his securing goods on a highway under this paragraph is excluded to the extent that he acted with reasonable care.

(3)Regulations may make further provision about taking control in any of the ways listed in sub-paragraph (1), including provision—

(a)determining the time when control is taken;
(b)prohibiting use of any of those ways for goods by description or circumstances or both.

(4)A controlled goods agreement is an agreement under which the debtor—

(a)is permitted to retain custody of the goods,
(b)acknowledges that the enforcement agent is taking control of them, and
(c)agrees not to remove or dispose of them, nor to permit anyone else to, before the debt is paid.


A controlled goods agreement is only needed under para 13(1)(d) otherwise your back in to arguing ownership and interpleader.

Samiyakhan

So my understanding in this is he must have secured the vehicle in order to take control e.g clamping. If he has not done this and left the car with no clamp or making sure it is secure he has not seized it? Also there was no controlled goods agreement as no one was in. So nothing has been signed. So if it is in my neighbours driveway he can not take it? Is this correct? Sorry if I sound stupid.

National_Debtline

Hi again Samiyakhan


It is correct that the controlled goods agreement is not valid if it has not been signed. So unless the bailiff has secured the vehicle in some way you are free to use it and hide it. Parking the car on a neighbour's property should mean that the bailiff does not attempt to remove it or clamp it, but it is a safer option to lock it in a garage or park it somewhere the bailiff is not going to see it at all.


I would recommend speaking to one of the free debt advice agencies for advice on how to deal with the debt itself. You may have a number of options, but it is important to understand that council tax must be prioritised over certain other type of debts.


Good luck with it all


Susie
@natdebtline

CIS

Samiyakhan wrote: »

So my understanding in this is he must have secured the vehicle in order to take control e.g clamping. If he has not done this and left the car with no clamp or making sure it is secure he has not seized it? Also there was no controlled goods agreement as no one was in. So nothing has been signed. So if it is in my neighbours driveway he can not take it? Is this correct? Sorry if I sound stupid.

Securing of goods is addressed in legislation - http://www.legislation.gov.uk/uksi/2013/1894/made