removal of car

[mystirio]

question on removal of car by baliffs

if it was to prove that removing a car would cause hardship on the person such as living in the country no bus service to work possible loss of employment to both husband and wife children too costly to pay for taxi could you appeal against the removal of car

this is just a question it has not happened just wondering in the back of my mind

[Bailiff Advice]

Your query should be on the main bailiff section of the forum. I will alert a moderator to move it for you.

[dx100uk]

no its a hypothetical question I think?

 

 

dx

[unclebulgaria67]

I don't think they would consider consequences of removing a car, unless the car was directly used to earn money or there was a safety issue E.g you were a maintenance engineer or a Doctor needing the car to visit clients. Or you suffered ill health so the car was only way to get to medical appointments. But of course proof would be needed.

[mystirio]

thanks for that unclebulgaria the reason i was asking was my friend who is **** scared that baliffs might come to remove his car as he has acouple of ccj and he cant afford to pay them he lives in the country no bus service or very limited and his wife works 10miles away and he gets a lift as well

anyway thanks

[Bailiff Advice]

question on removal of car by baliffs

if it was to prove that removing a car would cause hardship on the person such as living in the country no bus service to work possible loss of employment to both husband and wife children too costly to pay for taxi could you appeal against the removal of car

this is just a question it has not happened just wondering in the back of my mind

 

It really does depend on the value of the vehicle. Exemption does apply in a lot of cases (a student requiring a vehicle for university being just one example). However.....and this is the crucial point....any exemption will only apply if the value of the vehicle is below £1,350.

 

This low value can hinder many individuals (builders, electricians, minicab operators ) etc but it was put in place to mirror the bankruptcy exemptions under the Insolvency Act.

[brassnecked]

thanks for that unclebulgaria the reason i was asking was my friend who is **** scared that baliffs might come to remove his car as he has acouple of ccj and he cant afford to pay them he lives in the country no bus service or very limited and his wife works 10miles away and he gets a lift as well

anyway thanks

They would probably clamp the car rather than remove it to ramp up pressure to pay, especially if it's value wouldn't clear their fees and a couple of quid of the debt. Of course they are too concerned with enforcing for the debt to see that no car = no work means no money to pay them, especially in your friends situation. I don't think they would be unreasonable though so may leave a car alone where there is no viable alternative to get to work.

[Bailiff Advice]

When it come to seizing a motor vehicle, a great deal depends on which type of bailiffs are enforcing the debt. For example, a county court bailiff enforcing a County Court judgment approaches seizure in a completely different way.

 

By way of example, about 10 days ago, I posted on the forum (see link below) about an enquiry that I had received from a creditor. She had secured a judgment and the county court bailiff clamped a vehicle belonging to the debtor. The creditor then received a letter from the County Court seeking a payment from the creditor of £400. This payment was to cover any claims made from the debtor that the vehicle should be 'exempt'. In this particular case, the creditor chose not to make the indemnity payment and the vehicle was released and the warrant withdrawn.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?469043-I-need-to-hire-Bailiffs-but-who-near-Birmingham&p=4946416&viewfull=1#post4946416

 

PS: I should also mention that in some high value High Court cases, creditors are known to pay an 'indemnity' fee.