Registered Keeper, ownership and the bailif

Registered Keeper, ownership and the bailif

Author
Discussion

streaky

Original Poster:

19,311 posts

250 months

Wednesday 14th September 2005
quotequote all
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

Cooperman

4,428 posts

251 months

Wednesday 14th September 2005
quotequote all
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.

streaky

Original Poster:

19,311 posts

250 months

Friday 16th September 2005
quotequote all
I doubt that the insurance documents show the brother's ownership. I suspect that ownership was transferred recently as a device to protect the car from seizure.

Many thanks cooperman for the reply - Streaky

silverback mike

11,290 posts

254 months

Friday 16th September 2005
quotequote all
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.

Cooperman

4,428 posts

251 months

Friday 16th September 2005
quotequote all
To be blunt, the only way to prevent the bailiff from taking it is to hide the thing at a different location!

pg53

37 posts

228 months

Friday 16th September 2005
quotequote all
Also your friend needs to get to a CAB or debt counselling service or similar - a few letters and phone calls and offers of installments may very well keep the bailif at bay . .

Piglet

6,250 posts

256 months

Friday 16th September 2005
quotequote all
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.

boosted ls1

21,188 posts

261 months

Friday 16th September 2005
quotequote all
You need a Bill of Sale Ie paid in full etc, transferring ownership and a genuine paper trail showing funds were deposited into the sellers bank account. That should suffice.

Boosted.

streaky

Original Poster:

19,311 posts

250 months

Saturday 17th September 2005
quotequote all
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