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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70180
Experience:  Over 5 years in practice
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I have arrears in my council tax that is with a. Bailiff I

Customer Question

I have arrears in my council tax that is with a. Bailiff I have paid my monthly installments of £100 every month some payments have been late but now they are coming to take my car which I use for work being a self employed electrician I have told the bailiff this sand the council but they say they are still going to tKe the car. Even if this put me out off work can they do this
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Does your vehicle have any personal use at all?
Customer: replied 3 years ago.
Yes I use the car for my business and personal but mainly for business
Customer: replied 3 years ago.
I have been on employment support allowance from December until now I have just got a contract to do starting tomorrow so I have come off benefits but if they take the car I will not be able to to the work whilst I was on benefits I still paid the bailiffs the £100 per month I only owe them £500 now but they are adding more and more money on to my bill now
Expert:  Jo C. replied 3 years ago.
Thats a problem I'm afraid.

Is it already in walking possession?
Customer: replied 3 years ago.
I think so they posted a letter through my door last year when I was not in say if I didn't pay they would take my car but I have paid every month I thought they said on the 12 of every month but now they are saying it's the 2 nd off every month so I have made payments late but have still paid every month
Expert:  Jo C. replied 3 years ago.
Ok, But have you signed a walking possession document?
Customer: replied 3 years ago.
No I have signed nothing
Expert:  Jo C. replied 3 years ago.

Thanks for the information and the time.

Its a mixed bag of news.

The bad news is that they are free to take this car. It has a personal use so its not a tool of the trade. There's no way around it. If you use it for personal use then its not a protected good.

The good news though is that if this van is not in walking possession then you can resolve this easily enough by parking it many streets away from your home address. If this is in walking possession and you do so though then that would be theft so its important that you get to the bottom of that.

That will not stop bailiffs pestering you but it will stop them seizing this particular vehicle so you will still be able to use it.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.
Can they still take the car even though I never signed a walking possession they came when I was not at home and just posted the walking possession order through the door I have never singed anything also the instalment plan was discussed over the phone
Expert:  Jo C. replied 3 years ago.
Yes, they can do that but you can remove the car from their vision if its not in walking possession.

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