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Moderator: ArthurWankspittle
Thanks for the link L14.letissier14 wrote: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/
That's what I thought too.Pox wrote: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?
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.Pox wrote:Don't bailiffs and the like check these things with DVLA before they take a vehicle away?
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.fat frank wrote: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
If they are happy to use this document, I am pretty sure that they would also be happy to lie when insuring the vehicle.longdog wrote: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.fat frank wrote: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
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.noblepa wrote: So, what does this phony loan protect (at least in their own minds) them from?
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.Skeleton wrote: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.noblepa wrote: So, what does this phony loan protect (at least in their own minds) them from?
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 bailiffArthurWankspittle wrote: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.Skeleton wrote: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.noblepa wrote: So, what does this phony loan protect (at least in their own minds) them from?
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.fat frank wrote:am sure they cant take it for a parking fine....
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).fat frank wrote:....if its a proper loan the loan is registered against the car, the bailiffs should check this and also with the DVLA....