Bailiff enforcement: Motor vehicles....defining 'ownership'.

[mikeymack2002]

With your post above you are saying that the LBC are the owner and as such the car cannot be touched under the rules re the EA? As control of goods agreements can only take/list goods of the debtor? So what would then happen? I guess the LBC would then have to make a 3rd party claim! Have I got this right then?

 

 

 

 

 

 

Reading and learning all the time....

[Bailiff Advice]

And it is for the above reason why, if goods have been removed, that the log book loan company would simply need to submit a Part 85 Claim to the enforcment company. The EA would then be under a legal obligation to refer the claim to the creditor (normally the local authority) and as long as the supporting documentation was sufficient the creditor will grant permission for the vehicle to be collected.

[Peterbard]

Eas generally are loath to take BOS goods in any case, anyway this used to be the case, but now the interest in goods issue has been raised in HP goods, who knows. There is also a provision in the BOS act 1888 which states that the agreement will be terminated in the case of active or prospective enforcment action. so if the creditor caught wind of this , they cold lawfully seize the vehicle.

[mikeymack2002]

Anyway it was just a question that was all, back to topic then I assume..