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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70289
Experience:  Over 5 years in practice
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Hello, I own a number of vehicles which are stored on a

Resolved Question:

Hello,

I own a number of vehicles which are stored on a premises which may be about to get a 'controlled goods' order due to a dispute over a debt.
I am told that I would have to prove that I own them to the court, to prevent them being sold to pay debt which is not mine.
What do I need to do?

Thanks
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

Are you the registered keeper?
Customer: replied 3 years ago.

Yes, I'm the registered keeper.

Expert:  Jo C. replied 3 years ago.
Is this an order sought by bailiffs by any chance?
Customer: replied 3 years ago.

Yes it is. I understand that an arrangement is being made, but I need to know what I have to do, in the worst case.

Expert:  Jo C. replied 3 years ago.
I'm not sure how you are assisted by proving the vehicles belong to you actually. It seems to me that all that will do is put the bailiffs in a position where they can seize them as they could not if they belonged to another.

In any event, they do belong to you and you need to evidence it. The registration documents are a good start. Being the registered keeper does not prove ownership but its a good start.

Thereafter you need to dig out things like receipts for the purpose. If you haven't got them then see if the sellers will send you out new ones.

Failing that, gather other evidence of the sale - transfers of money etc.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

I don't have the purchase receipt as I have owned them 10 years or more, but I do have receipts for items I have bought for them.


The only thing I have is the V5c in my name.


 


Suppose then this could get difficult.


 


Do you know what form I would need to apply to the court in the worst case?

Expert:  Jo C. replied 3 years ago.
The V5c is probably enough in truth.

What are you applying to the Court to do ?
Customer: replied 3 years ago.

I was told that if they do take control of the goods in the premises I would have to pay a fee to the court, and show proof of ownership to prevent the sale of my vehicles.


 


 

Expert:  Jo C. replied 3 years ago.
You are trying to get a stay of the bailiffs powers.

I have to say that personally I just use the N244 form whenever there is any confusion. The worst that will happen is that the court will tell you to fill out another although that happen all that often and it gets the matter into court.

If its just that you need a stay though then you can use the N244 form.
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