bailiff levy on car not owned by the person on the distress notice, proof of ownership

[pebbles01]

hello,

 

I hope someone can help me.

 

My husband has been referred to Rossendales for child support arrears

even thought he has been making regular monthly payments to the CSA since 2009 as ordered by the courts.

 

Although we had paid off the arrears from the court hearing we carried on making the monthly payments as we knew there would be more arrears to pay.

 

When my husband wrote to Rossendale's explaining this

they said that the CSA had informed them that the payments he was making were for regular maintenance payments & not for the arrears.

 

This is not true so my husband wrote back to Rossendales explaining that he had not been informed by the CSA of this

& sent them paperwork which clearly shows that the payments he made were going towards the arrears.

 

We had no response until Wednesday when a notice of distress was put through our front door, naming my car on the inventory.

 

I have already emailed Rossendales informing them that it is my car they are not authorised to take the car.

 

The bailiff also put a levy fee of £187.00 on the notice. There is no mention of how many visits they have made so I am assuming it is the 1st visit.

 

My husband has rang Rossendales today & offered to pay them £50 a month & they have refused saying they want £600 a month

which is totally impossible for us.

 

They also said that the car registration document is not proof enough

& that they want to see the insurance documents aswell.

 

The insurance documents shows me as the policy holder & my husband as a named driver.

 

My questions are:

 

1. Can they just take my car now I have informed them it is mine?

2. Is the registration document proof enough of my ownership of the car?

3. Do I have to send them the insurance certificate as proof aswell, if yes, will showing my husband as a named driver be a problem?

4. What will happened if the bailiffs do not gain entry to the house as after reading the threads I have not intention of letting them in?

 

I hope this makes sense & hope someone can help. It is so frustrating as we are doing out best to pay off the arrears, but it is never enough for them.

[ashmk]

I have been in this EXACT position.

 

I didn't let them in, they tried to visit 3 times, they tried to levy on my then girlfriends car by scrawling the car make and reg on a levy and shoving it through my door then sitting outside in his van doing the intimidation thing which didn't work because I went out, banged on his window and told him he levy wasn't worth the paper it was written on and tore it up in front of him. He then told me a tow truck was on it's way, I wished him good luck with that and went back indoors to continue doing whatever it was I was doing. I don't know how long he hung about sulking in his van because I had lost interest after that but an hour later when I went out he had gone and my girlfriends car was still there.

 

After that they never bothered me again and handed it back to the CSA where I dealt with it like a grownup.

 

Basically, they wont take your car and they know it but are trying their luck. And if it's on finance they cannot take it anyway because it's not even your car.

 

Don't let them in... They will try maybe 3 visits then hand it back. When they hand it back make sure you deal with it because the CSA can push things further.

 

 

Thats just my experience.....

[pebbles01]

Hi Ash,

 

Thank you so much for replying & for the information, it helps knowing someone else knows what its like.

 

I want it to go back to the CSA so we can as you say deal with it like grownups although the CSA are a difficult bunch to reason with but still much better than having a bailiff at your door!

 

Thanks for the valuable advice, I'm not stressing as much now.

[ims21]

Thread moved to the Bailiff forum

[sgtbush]

you said your husband, and the car is in your name, the car can be siezed as it is classed as joint property as you are married and he has a financal interest in the car

Edited May 3, 2013 by sgtbush

[pebbles01]

Thank you for the advice sgtbush.

 

Yes he is my husband. Does it make a difference that I bought the car with my own money? We do not have a joint bank account & the property we live in is in my name as I bought the house before we met & he is not on the mortgage?

[mikeymack2002]

Thisis a non-exhaustive list of grounds a levy could be invalid and the distress isirregular.

 

 

 

• Levying on somebody else's goods or on the wrong vehicle: The fees must be refunded, page 6 and 7 of 11 of the Local Government Ombudsman report on 29 November 2012
  

Edited May 19, 2013 by mikeymack2002

[tomtubby]

mickeymack

 

I have just looked at the forum and I believe that this is the 6th thread that you have posted on and where the original poster has not reposted for a few weeks. There is little point is resurrecting posts.

 

Also, please note that you have said in your above post that a levy would be "invalid" if goods were levied upon in your absence and you have referred to the case of Ambrose v Nottingham City Council to support this "theory". I am sorry but this is not correct

 

This case is nothing at all to do with levies being made in such circumstances. The case of Ambrose is a very well known case and refers to "global levies" and levying upon goods ( in this case tables and chairs) that meant that there was insufficient seating for Mrs Ambrose and her 4 children.

 

Crucially, in addition to listing tables and chairs etc on the levy notice the bailiff had also stated the important words "and all other goods on the premises". The Judge ruled that this was invalid and he referred to this as a "global levy". NOT PERMITTED. The judge outlined his reasons in his judgment.