Facebook group - Bailiff proof your car

[letissier14]

A new site on Facebook teaching you how to bailiff proof your car

[longdog]

Nope... You've lost me.

How about a bit of background and perhaps a link to the Facebook group's page.

[letissier14]

This is the link to their page, and that is the only document they are showing on their page

https://www.facebook.com/groups/876893722396513/

[longdog]

I still don't get it?

Are they saying that that document is a promissory note which the lender has to accept in substitution for the original credit agreement?

[Pox]

This is the link to their page, and that is the only document they are showing on their page

https://www.facebook.com/groups/876893722396513/

Thanks for the link L14.

I guess its supposed to be a document to try and show that a vehicle is on the equivalent of finance and therefore can't be seized?

Don't bailiffs and the like check these things with DVLA before they take a vehicle away?
So, how would it work? Maybe it's just meant to be another smoke screen that may put some debt collectors off, if only temporarily?

[letissier14]

I think he is saying that you can ask a friend to be the lender by giving him a promissory note and then if the bailiff comes you show them the proof and they can't touch your car.

According to the page creator of bailiff proof your car, he has used it after explaining it's legal tender

[IDIOT]

It's a fake loan agreement.

Basically if you take a loan out and use the vehicle as security the vehicle can't be clamped as title of the car is now with the lender until paid off in full. Enforcement agents should not clamp vehicles that are under hire purchase or on credit.

Obviously no loan was really made in the first place.

[ArthurWankspittle]

I guess its supposed to be a document to try and show that a vehicle is on the equivalent of finance and therefore can't be seized?

That's what I thought too.

Don't bailiffs and the like check these things with DVLA before they take a vehicle away?

Probably no. What would the DVLA records show anyway? I would suspect 9 out of 10 bailiffs would guess that he's making it up and take the car. Argue about it later - which, in this case, would cause lots of fun anyway. Also likely to void the insurance but don't tell any FOTL types that.

[mufc1959]

It wouldn't show up on the HPI check, so a bailiff is unlikely to take any notice of it.

[FatGambit]

Yes, contract purchase / hire cars are often registered to the finance company while the agreement is active, mine was till I bought out the contract, so a PNC check with DVLA would show up information indicating the car is not owned by the debtor, similarly like loans secured with property, there is a central system covering loans secured on cars. If you want to avoid having your car repossessed, make sure you don't own it in the first place.

My auntie has always driven new cars, and always had bailiffs chasing her round the country, we could never understand why they never took her car, till she explained it was a contract hire car.

[fat frank]

this is the latest way to stop bailiffs taking the car, it wont work, its easier to have car belong to a company, and the company to own it on DVLA records, then it cant be touched

[longdog]

this is the latest way to stop bailiffs taking the car, it wont work, its easier to have car belong to a company, and the company to own it on DVLA records, then it cant be touched

That may well be true but I'm pretty sure most insurance proposal forms have a question along the lines of "Does the vehicle belong to you and is it registered in your name and kept at your address?" Any answer other than 'yes, yes and yes' is going to make the insurance company take another look at the risk they are being asked to take on.

[Pox]

this is the latest way to stop bailiffs taking the car, it wont work, its easier to have car belong to a company, and the company to own it on DVLA records, then it cant be touched

That may well be true but I'm pretty sure most insurance proposal forms have a question along the lines of "Does the vehicle belong to you and is it registered in your name and kept at your address?" Any answer other than 'yes, yes and yes' is going to make the insurance company take another look at the risk they are being asked to take on.

If they are happy to use this document, I am pretty sure that they would also be happy to lie when insuring the vehicle.
Of course, this could make the insurance invalid, but doubt they would care - they are invincible in case you forgot
This also assumes that they have bothered to apply for insurance.

It's different now, with insurance details being held on a central database but before this, I understand that you just had to show your documents at the local police station.
I have seen some very,very convincing fake insurance documents and in my experience the PC on the desk never rings the insurance company to check that the insurance is valid. At least this is one scam that no longer works but plenty more to go at!

[noblepa]

I don't get it. Here in the US of A, the fact that a car is financed, or owned by a leasing company will, in no way protect it from being towed, if, for example, it is parked illegally.

I believe that a car used in a drug deal, even if its financed, can be confiscated and sold by the government, leaving the owner to pay the lender for a car he/she no longer owns.

If they are trying to protect the car from repossession for non-payment of a real loan that was used to purchase the car, I don't see how this will help.

Again, here in the colonies, the lender does not even need a court order to repossess a car. My brother used to be assistant sales manager at a large Oldsmobile dealer in Fort Lauderdale. They had an agreement with GMAC that, in return for the dealership taking the car back in the event of a default, GMAC gave the dealer a better deal on financing.

He, and the other managers of the dealership used to carry a list of all the cars that were in arrears and a set of keys for each car. If they spotted one, they were to park their own vehicle and "steal" the debtor's car.

So, what does this phony loan protect (at least in their own minds) them from?

[Skeleton]

So, what does this phony loan protect (at least in their own minds) them from?

In the UK a bailiff can't clamp or tow a vehicle for an outstanding Parking Fine etc that has a loan outstanding on it, hence the "pretend" loan.

[ArthurWankspittle]

So, what does this phony loan protect (at least in their own minds) them from?

In the UK a bailiff can't clamp or tow a vehicle for an outstanding Parking Fine etc that has a loan outstanding on it, hence the "pretend" loan.

Not quite. They have it all wrong as usual with that document. You can't "tow" (as they say in the colonies) a car for a debt if it isn't owned by the debtor. If the car is being financed on a lease or hire purchase agreement, then the car is owned by the finance company, so can't be seized by a creditor. This only applies to civil debt. Motoring offences, criminal offences, parking fines can all result in the car being confiscated irrespective of the owner.

[fat frank]

So, what does this phony loan protect (at least in their own minds) them from?

In the UK a bailiff can't clamp or tow a vehicle for an outstanding Parking Fine etc that has a loan outstanding on it, hence the "pretend" loan.

Not quite. They have it all wrong as usual with that document. You can't "tow" (as they say in the colonies) a car for a debt if it isn't owned by the debtor. If the car is being financed on a lease or hire purchase agreement, then the car is owned by the finance company, so can't be seized by a creditor. This only applies to civil debt. Motoring offences, criminal offences, parking fines can all result in the car being confiscated irrespective of the owner.

am sure they cant take it for a parking fine, as its not yours, the police and DVLA can tow it, and clamp it, bailiffs can only clamp if its on the public road or the address on the warrant any where else is classed as trespassing, plus if they clamp it and it doesn't belong to the person on the warrant, then the owner can sue the bailiff and who ever sent the bailiff

[fat frank]

but what a bailiff can do is take the vehicle if its in the name of the person on the warrant and not on finance or a disability car, if they have one of these fake loans, who ever has the loan has to claim the car back as there property, if its a proper loan the loan is registered against the car, the bailiffs should check this and also with the DVLA, if they still take it then they can lose there job and 10k bond

[ArthurWankspittle]

am sure they cant take it for a parking fine....

Careful differentiating between a parking fine authorised by law and a parking invoice for parking on private property. In the former case the car can be removed irrespective of ownership.

[ArthurWankspittle]

....if its a proper loan the loan is registered against the car, the bailiffs should check this and also with the DVLA....

I don't believe the mechanism to do this exists. You can only check ownership. If you own a car and have a loan, it's still your car (and a bailiff could impound it).