Distress Notice: Seizure of Goods & Inventory

[patb]

Today I received a vist from a from a bailiff for council tax arrears of just less than £700. I had not received any paper work to attend court or that there was even a court case but it would appear that the debt has gone to a magistrates court.

 

I did not allow the bailiff into my property and I asked to see a copy of any order from the court but all he would show me was a badge with his name on.

 

The bailiff left me with a form titled "Distress Notice: Seizure of Goods & Inventory" on which he listed my car that was parked outside the house. Neither the bailiff or I signed this document but I did accept it not really knowing what it was.

 

I am an IT consultant and use my car to visit clients on a daily basis. I am happy to make an arrangement to pay and approached the council offering this, they said I would have to deal with the bailiff and they want payment in full.

 

My question is this, the car is still in my possession but the form seems to suggest the bailiff has sized the car but not collected it.

 

Is there anything I can do to stop the bailiff taking the car?

If I transfer my car to my Ltd company would this be illegal as I need it for work?

Can I sell the car or remove it from my property?

 

In short I am happy to pay any arrears owed but can not pay in one lump sum and if I lose my car I have no way of working.

 

Any information or advice would is very much appreciated. Thanks in advance for any replies.

[ploddertom]

Is your car leased or on HP? You say you have to visit clients - are they widespread & do you have to carry any equipment? How is the vehicle insured & is anyone else allowed to drive it?

[patb]

Thanks for the quick reply:

 

Is your car leased or on HP?

 

No I own car

 

You say you have to visit clients - are they widespread & do you have to carry any equipment?

 

about 80% of my clients are in 40 mile radius and the further 20% dotted across the uk.

 

about 25% of my time I will be delivery and collecting IT equipment i.e. servers and networking equipment. The rest of the time my laptop and a few cables, keybords and general spares for customers.

 

How is the vehicle insured & is anyone else allowed to drive it?

 

The vehicle is currently insured for domestic and pleasure + business use

 

Myself and a friend, that live with me are insured to drive the car.

 

Any info much appreciated

[ploddertom]

Is the friend involved in your business?

[HCEOs]

The car is not a tool of the trade in my opinion. You are best to make arrangements to pay the sums due.

[tomtubby]

Today I received a visit a from a bailiff for council tax arrears of just less than £700. I had not received any paper work to attend court or that there was even a court case but it would appear that the debt has gone to a magistrates court.

 

The bailiff left me with a form titled "Distress Notice: Seizure of Goods & Inventory" on which he listed my car that was parked outside the house. Neither the bailiff or I signed this document but I did accept it not really knowing what it was.

 

I am an IT consultant and use my car to visit clients on a daily basis. I am happy to make an arrangement to pay and approached the council offering this, they said I would have to deal with the bailiff and they want payment in full.

 

My question is this, the car is still in my possession but the form seems to suggest the bailiff has sized the car but not collected it.

 

Is there anything I can do to stop the bailiff taking the car?

 

If I transfer my car to my Ltd company would this be illegal as I need it for work?

Can I sell the car or remove it from my property?

 

In short I am happy to pay any arrears owed but can not pay in one lump sum and if I lose my car I have no way of working.

.

 

There is a legal requirement for the local authority to WRITE to you to advise that they are applying for a summons to obtain a Liability Order. By law, the letter must state the time, date and Magistrates Court and you may attend if you wish.

 

Following the granting of the Liability Order there is a further LEGAL obligation on the local authority to advise you that the Magistrate Court GRANTED a Liability Order and that if you do not pay OR contact the council that the case will be referred to the bailiff in 14 days.

 

Therefore, you should have received TWO letters form the council. If you had not received any letter then you must immediately contact the council.

 

The car is now "in the legal custody" of the bailiff and if the debt is now paid or if you do not reach an acceptable payment arrangement then sadly the car will be taken and this action will incur you in substantial additional fees.

 

The regulations regarding "exempt" vehicles is frankly almost non existent. The only legal case that I know if is one to determine whether a vehicle that was used by more than one person was exempt.

 

If for instance you live in a really remote area with limited public transport you may indeed be able to argue that the vehicle should be "exempt". Alternatively, if you were a taxi driver, gas engineer, or volunteer fire fighter etc you should be able to argue for "exemption" on the basis that you may be called out in an emergency in the early hours of the morning. etc.

 

Your best bet will be to contact the council on the basis that you had not received any of the legal required letters.

 

PS: Contrary to popular belief...whene collecting council tax arrears, there is NO requirement for the bailiff to write an initial letter to you.

 

Sorry...I forgot one thing. As the car is now "legally seized" you cannot transfer the car to a Limited company. The time to transfer/sell/or give way is BEFORE seizure.

[Surfer01]

Maybe an idea to pay the council via their Online site if you have the funds?