Help please! Bailiffs?

Question

Can they take my car, which is on finance, for my partners debt?
The Bailiffs came round today to collect on my partners Council Tax debt. They listed my car in the possession order. They are coming back on Friday and if we dont have the money will take the goods.


We are not married, I am not liable for Council Tax. The car is solely in my name and he does not drive.

Thanks for all your answers so far.

i am a student which is why I am not liable.
i have been to CAB today who tried to negotiate a payment plan but Bailiffs wouldnt budge, even the council tried on our behalf. I just dont know what else to try!

Answer 1

no dont think they can, if it isnt paid for.

Answer 2

The short answer should be no, but I would get your log book and any finance documents ready to prove it.

You should have moved your car before they arrived. In many instances they clamp cars included in a walking possession.

It is very unlikely they could prove your partner has an equitable interest in your car but they have included it on the walking possession for the psychological leverage it will give them against your partner.

In response to some of the other answers:
If what you say is true - and the walking possession has been signed by the debtor, technically you can't now hide the car, according to the debtor it now belongs to the bailiff until he says otherwise.

If they have entered the property once they can now enter it again (with a locksmith for example) - they cannot commit criminal damage. Also bailiffs have special powers in regard to council tax.

It is true that if you don't have the money by Friday - or at least a big % of it they can take goods to the value of the debt. Why the law allows this in 2007 is beyond me.

Get your partner to contact the council directly and complain about the behaviour of the bailiffs they employ - especially if they have refused a payment.


If you are living with your partner why are you not liable for council tax?

Answer 3

No they can't take your car for his debt, are you registered at the home? If so you will be liable for half of the c/t on the property. I would say go to the CAB asap, they have some fab stuff on Bailiffs, don't sign any thing and certainly don't let them into your home.Make sure that all the windows and doors are closed/locked on the ground floor, move your car away from the house so they don't try and take it any way. Don't answer your door, they can't break into your home.Good Luck!

Answer 4

I know this is a little naughty , but if you contact the Court which issued the bailiffs with there warrent , and claim that you did not receive notice of the procedures , they will ask your partner to make a statement , to that fact . And withdraw the warrent. This will not stop the action , but give your parner time to get help.

You have to be given four letters stating that you will be taken to Court , without this , it makes it illegel

Just state you got one letter and then the bailiffs called , that will stop them in there tracks, but you have to deal with the Court as the bailiffs think they can do what they want

Answer 5

As far as I know, you are not liable. Take your car and leave it at a friends. Or anywhere they can't get their mits on it. There are special laws regarding council tax debt. If they have added enormous charges this can be disputed.
There are set laws. You are a student, you are not married.. You'r boyfriends debts are not yours. DO NOT LET THEM IN YOUR HOUSE. ONCE THEY HAVE COME IN ONCE THEY HAVE THE RIGHT TO RETURN. CLOSE YOUR WINDOWS. THEY CAN ENTER THRU THEM TOO.
If the car is in your name, leave it a walk from your house where they can't see it. What isn't there can't be taken and then they will have to take you to court over a debt which isnt yours. I can't see that happening.

Answer 6

inform the finance company immediately.

no, the bailiffs should have been informed that the vehicle didn't belong to the person who's liable for the debt. If they were informed & still take the vehicle, then they will be liable for any damages, they will be liable for reimbursing you for the full value of the vehicle if it is sold in error.

If you have a copy of the distraint - then you should have their name & address. Put a letter/fax over to them immediately informing them of the consequences if they uplift the vehicle.

Hopefully the finance company if you inform them, will act quickly and resolve on your behalf also (as otherwise they stand to lose out).

Answer 7

Get down to your local Citizen's Advice Bureau ASAP They have all the info that you need . Don't let the Bailiff into your house. They are not allowed to break in without a court order.
Your partners debts are not yours and you are not responsible for them.

Answer 8

if the car is on the drive,and no-one is in yes they will take it,until you can prove the car is only in your name only,Why don't you phone debt help,or the council have a debt management serive which are helpfull,and may be its not to late for you to sort out your debts,or go to advice bure,they are also very helpfull,

Answer 9

Depends if its owned outright and worth any money. If its on HP and there is a lot owed, it wouldn't be worth their while. Unfortunately, despite laws, bailiffs seem to be a law unto themselves and can be very threatening and intimidating.

Answer 10

no they cannot take your car or anything else on hire purchase. nor can they take anything of yours. only your partners. you need to be able to prove that the things belong to you and that your car is on finance. if they DO take it you can take them to court and get it back. this is your partners debt and not yours. get on the phone to a solicitor asap tomorrow and sort this mess out. they will be able to help you and they shouldnt charge you. phone around.

Answer 11

If you can prove to them that the car is in your name, by right they should not, but saying that there are alot of corrupt bailiffs.