Attention: Please take a moment to consider our terms and conditions before posting.

Car Ownership Proof

I have had a bailiff today for a debt now in my name inherited from my mother.

I have a car that I transferred ownership to a friend. We knocked up a receipt. Dodgy I know but had to find some way to get round a few things a couple of months ago.

I will repay this debt although not in my name as I dont really have much of a choice. I need the car for my young sister and for work, so this is not convenient at all. It's been clamped and they are saying the ownership isn't sufficient to stop the action on it as I am responsible for the tax/insurance.

Need to get it sorted ASAP, need the car but don't really have the funds to pay them at the minute. I did offer £30 a month, its only a £300 debt so thought they would accept that but they havent. The cars a pile of shit but bloody priceless to me.

Sorry for another tale of woe from me, definitely can't wait until 2017 is over that's for sure. Just wondered if anybody knew much about this? I am using the car, insured and taxed, but do have a receipt for a sale to a friend.

Cheers in advance

Comments

  • Can you pay the £300 on a card, then pay that off?
  • Who is shown the Registered Keeper at the DVLA? You presumably?
  • edited October 10
    There's plenty of help on this stuff on-line.

    Setting aside all the questions that might arise about why you took on your mother's debt, there's stuff you need to know. (And should have asked before the bailiffs pitched up - don't they give notice?)

    Anyway, while INAL I'd suggest not even going down the route of trying to obfuscate ownership of the car. They must be well used to this kind of ruse and find it a tedious ploy.

    But, according to the Citizen's Advice website, this is the relevant bit about what they can't take:
    a vehicle which is necessary for your work, study or business, and where there is no alternative public transport you could use instead, as long as it is not worth more than £1350 - this rule does not apply if your debts are for business rates or taxes
    a vehicle which you're paying for on a hire puchase or conditional sale agreement
    a vehicle which is displaying a disabled blue badge and is used for transporting a disabled person
    a vehicle that is used by the emergency services, such as a car displaying a genuine "doctor on call" badge
    a vehicle which is also your home, such as a motorhome.

    So, (depending what the debt is for) if you can demonstrate that you need the car for work AND (it's a conjunctive and) there is no public transport alternative, they can't take your car. As long as it's a piece of junk as you suggest. This would seem to be the sensible route to take with them. (You could try telling them you will be applying to offset costs of hiring an alternative vehicle as they have clamped yours and are in breach of their own rules and see where that gets you!)

    I find the Citizens Advice wording a little ambiguous though. I'm not sure whether the rules apply to a need for commuting or a need to carry out your work. I'd imagine there'd be a difference. Speak to Citizens Advice about that. As soon as possible.
    https://citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/bailiffs/your-belongings-and-bailiffs/what-goods-can-a-bailiff-take/vehicles-and-bailiffs/

    Two things you do not have to let them in your property. And if you'd parked the car on someone else's land they can't take it from there without a court order.

    Finally search out the old @Miserableoldgit thread on his work van which might have some useful info.
  • LenGlover said:

    Who is shown the Registered Keeper at the DVLA? You presumably?

    That's an irrelevance unfortunately. As the V5C is careful to point out in big letters on the front: THIS DOCUMENT IS NOT PROOF OF OWNERSHIP.
  • edited October 10
    cafcfan said:

    LenGlover said:

    Who is shown the Registered Keeper at the DVLA? You presumably?

    That's an irrelevance unfortunately. As the V5C is careful to point out in big letters on the front: THIS DOCUMENT IS NOT PROOF OF OWNERSHIP.
    I know.

    I thought he said that as he was responsible for the tax and insurance the bailiff, rightly or wrongly, he was effectively the owner of the car despite the 'receipt' suggesting otherwise. My thought was that if the Registered Keeper was also in the other bloke's name then that argument might not stand up.

    I think you have made some very good suggestions re essential use and value though.

    EDIT: Here is a link to the @Miserableoldgit you mention.

    http://forum.charltonlife.com/discussion/59788/wheel-clamp-advise-please/p1
  • edited October 10
    Are you liable for this debt and if you are, are you liable to pay it before the estate is settled ?

    nowhttps://www.saga.co.uk/magazine/money/personal-finance/inheritance/what-happens-to-debt-when-someone-dies

    Insolvent estates

    If the value of the assets in the estate amount to less than the debts left by the deceased, this is known as an ‘insolvent estate’.

    In this situation, the executor should prioritise secured debts. The next priority is reasonable funeral costs, followed by unsecured debts.

    If there isn’t enough money to pay everyone, it is important to seek advice from a probate specialist.

    They will advise on which debts take priority – and will also inform the creditors that the estate is insolvent. If the debts are settled incorrectly, the executor will be liable.
  • Are you liable for this debt and if you are, are you liable to pay it before the estate is settled ?

    nowhttps://www.saga.co.uk/magazine/money/personal-finance/inheritance/what-happens-to-debt-when-someone-dies

    Following on from @Covered End how is your mother's debt now in your name? Are you the executor / administrator of her estate?
  • Thanks for all comments and hekp. Will update if anyone cares tomorrow but running around at the minute. Appreciate everyone's contribution, will hopefully be sorted in the morning.
  • Seek advice, if it's a debt from your mothers estate not sure how this can pass to you (but noted above re executors).
  • Sponsored links:


Sign In or Register to comment.