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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70199
Experience:  Over 5 years in practice
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my wife has ran up a debt (she rents a public house which i

Resolved Question:

my wife has ran up a debt (she rents a public house which i have no interest i ) the bailiffs want to take my car to partly secure the debt i do not have a reciept to prove that i own the car only the log book
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Who is the registered keeper?
Customer: replied 2 years ago.

myself michael pick

Expert:  Jo C. replied 2 years ago.
Have they placed it in walking possession and have you signed it?
Customer: replied 2 years ago.

my wife signed not me told them the the debt was with a limited company where my wife was the director which has since gone through

Expert:  Jo C. replied 2 years ago.
On the face of it then they cannot seize this vehicle.
Whether limited company or not, your wife is the debtor. They may try to argue that the car is jointly owned which is fine but you are the registered keeper and they cannot seize jointly owned vehicles unless you have some connection to the debt.
If it is in walking possession already then that does complicate matters though. You can seek an injunction staying their warrant but it would have been easier if it wasn't in walking possession.
If it is not in walking possession then they should not remove it.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

thankyou for your reply how do i go about getting an injunction and how quick would it be would i need to have time off work (and lose pay) to get it as it seems to me that i will be out of pocket for this

Expert:  Jo C. replied 2 years ago.
You need to check what has happened on this point. If it is not in walking possession there is no point in doing anything.
You just apply filing out the N245 forms.
Customer: replied 2 years ago.

I MAY SEEM A BIT DULL HERE BUT DO I GET THIS FORM FROM THE COURT OR CAN I DOWN LOAD IT OFF THE INTERNET

MANY THANKS

Expert:  Jo C. replied 2 years ago.
You can down load it off the internet but the court will send it out to you.
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n245-eng.pdf
The forms are a bit temperamental online in my experience.
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thankyou for your response i will try to get this matter resolved you have been a great help

kind regards

michael pick

Expert:  Jo C. replied 2 years ago.
No problem and all the best.
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