Registered Keeper, ownership and the bailif
Discussion
An old chum of mine confessed last night to being in serious financial trouble - the result of a divorce. He is worried that a bailiff will shortly arrive and seize his car in payment of a debt. He is salaried and commutes by train to work, so has no need of the car for work but does need it for thrice-weekly visits to his parents who are both infirm (he takes them shopping, to the doctor, etc.
He is the RK for the car, but it is owned by his brother ... to whom he pays a peppercorn rent. The car is taxed and insured by my friend, not by his brother.
The question is - can a bailiff seize the vehicle?
Many thanks - Streaky
He is the RK for the car, but it is owned by his brother ... to whom he pays a peppercorn rent. The car is taxed and insured by my friend, not by his brother.
The question is - can a bailiff seize the vehicle?
Many thanks - Streaky
Just make sure that the paperwork confirming ownership is available when/if the bailiff calls. A bailiff will never seize anything where ownership is proved to reside elsewhere.
Without such proof, and it must be proof which can be confirmed not just a note to/from the brother, the bailiff may well seize the car. You need the sales invoice with the brother's name and the insurance document naming the owner of the title to the vehicle as someone other than the insured. After all, you can't insure someone else's property without informing the insurer where title actually resides, so that would confirm it to the bailiff.
Without such proof, and it must be proof which can be confirmed not just a note to/from the brother, the bailiff may well seize the car. You need the sales invoice with the brother's name and the insurance document naming the owner of the title to the vehicle as someone other than the insured. After all, you can't insure someone else's property without informing the insurer where title actually resides, so that would confirm it to the bailiff.
As cooperman says, a reciept is needed to show brother is owner of said vehicle.
The registered keeper is not necessarily the owner, so a receipt would stop the bailiffs taking it. If he can't produce proof that brother owns it then I would think there is a possiblity that bailiffs could take it.
The registered keeper is not necessarily the owner, so a receipt would stop the bailiffs taking it. If he can't produce proof that brother owns it then I would think there is a possiblity that bailiffs could take it.
As an aside he's possibly invalidating his insurance policy by not being the legal owner of the car. When I worked in insurance (a while ago) you had to be the owner of the car to insure it. Otherwise you have no insurable interest as if the car is damaged or stolen if you don't own it you haven't lost anything. He should check this or his world may just get worse if something happens to the car.
We spoke again last night. He has a Bill of Sale but no money trail - cash changed hands and went straight on "the housekeeping". I suspect that most if not all went to a bookie (I have found out things I knew not before). He said that had been to the CAB (I doubt it).
Shame, he's a nice guy and was a solid worker and family man. Now (if I am right) gambling has ruined his life ... but something else probably triggered it (there was a change of tone when we were talking that suggested something else, and he was exceptionally evasive when I tried to probe).
Anyway, thanks for all the replies.
Streaky
Shame, he's a nice guy and was a solid worker and family man. Now (if I am right) gambling has ruined his life ... but something else probably triggered it (there was a change of tone when we were talking that suggested something else, and he was exceptionally evasive when I tried to probe).
Anyway, thanks for all the replies.
Streaky
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