Vehicle seizure - CCJ for PCN

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Kim.cleere88
Posts: 2
Joined: 29 Nov 2017 23:22

#1 Vehicle seizure - CCJ for PCN

Post by Kim.cleere88 » 29 Nov 2017 23:27

My friends vehicle has been seized and a notice of sale has been received. I am the debtor. I have included this debt in my bankruptcy which was approved a day after the bailiffs came. The Official Receiver accepted evidence that this vehicle was not my asset.

My friend has provided a receipt, a bank statement, a sworn statement and a letter from DVLA confirming the car has not been in my name since February 2017. The v5 was temporarily in my name for insurance purposes as I was borrowing the car.

The owner has submitted an N244 application. I have submitted a form 4 in relation to a massive list of complaints about the bailiffs conduct. I have also written complaints to both the bailiffs (DCBL) and the creditor (UKCPM)

The vehicle was due to be sold this Monday but I have not seen it on the auction website.

It has been reported to the Police and they have said it is a civil matter. DVLA have also been made aware.

The original creditor and bailiffs are refusing to respond to any emails. On the last phone call I had with them I was told the evidence provided was not enough to prove my friend owned the vehicle as I have to prove I never purchased it. I have emailed them asking if they would like a years worth of bank statements to prove no funds ever left my account for this vehicle. I have no idea how else I can prove I never purchased it or how else my friend can prove it is his.

The only response I have had from DCBL is that the vehicle will not be returned until after the N244 application hearing. Does this mean they are planning on charging the owner storage fees if the Judge deems the vehicle is in fact his?

If the Judge for some unknown reason deems this vehicle is owned by me can they legally sell it if I have been made bankrupt?

I have spoke to CAB, national debtline, payplan and a whole load of other agencies. Any advice would be greatly appreciated!

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Schedule 12
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#2 Re: Vehicle seizure - CCJ for PCN

Post by Schedule 12 » 30 Nov 2017 19:57

Kim.cleere88 wrote:
29 Nov 2017 23:27
My friends vehicle has been seized and a notice of sale has been received. I am the debtor. I have included this debt in my bankruptcy which was approved a day after the bailiffs came. The Official Receiver accepted evidence that this vehicle was not my asset.
All goods of the bankrupt pass to the custody of the trustee in bankruptcy. That includes controlled goods held with an enforcement agent using the Schedule 12 enforcement procedures. The bailiff company must make over the controlled goods to the trustee in bankruptcy and the debt is added to the list of creditors. The same is true when a person dies. Any controlled goods pass to the trustee in administration of the deceased estate.



My friend has provided a receipt, a bank statement, a sworn statement and a letter from DVLA confirming the car has not been in my name since February 2017. The v5 was temporarily in my name for insurance purposes as I was borrowing the car.
The owner of the car must make an interpleader claim. http://www.dealingwithbailiffs.co.uk/interpleader.htm



The owner has submitted an N244 application. I have submitted a form 4 in relation to a massive list of complaints about the bailiffs conduct.
Form 4 has been repealed in 2014. It originated from the Distress for Rent Rules 1988.



I have also written complaints to both the bailiffs (DCBL) and the creditor (UKCPM)
Never make a complaint to a bailiff company. They will mess you about. There is no point in asking a bailiff company (who is not accredited) to investigate itself.





The vehicle was due to be sold this Monday but I have not seen it on the auction website.

They use several eBay accounts to sell their vehicles.



It has been reported to the Police and they have said it is a civil matter. DVLA have also been made aware.

The original creditor and bailiffs are refusing to respond to any emails. On the last phone call I had with them I was told the evidence provided was not enough to prove my friend owned the vehicle as I have to prove I never purchased it. I have emailed them asking if they would like a years worth of bank statements to prove no funds ever left my account for this vehicle. I have no idea how else I can prove I never purchased it or how else my friend can prove it is his.

The only response I have had from DCBL is that the vehicle will not be returned until after the N244 application hearing. Does this mean they are planning on charging the owner storage fees if the Judge deems the vehicle is in fact his?
If the court decides the owners claim in his favour then no fees are recoverable. The bailiff company pays damages and the interpleader claimants costs and special damages for the loss of use of the vehicle plus £50 a day until the vehicle is returned in the condition immediately before the bailiff took control of it.



If the Judge for some unknown reason deems this vehicle is owned by me can they legally sell it if I have been made bankrupt?
No because it passes to the trustee in bankruptcy. The bailiff company will have to deliver it up.


If the bailiff auctions the car, the buyer will never own it. The sale can be undone by re-taking the car, but that usually happens when a finance company takes a car on HP that has been sold by a bailiff company.

When I have a client that is bankrupt, the trustee will serve on the bailiff company in control, a notice to deliver up, and they do. I've not known a bailiff company to disobey a trustee's notice, but one bailiff company tried to assert a charge over the goods regarding their fees, but their claim was dismissed. There is no regulation enabling bailiffs to retain a charge over controlled goods delivered up to a trustee. The bailiff company becomes a creditor to the bankrupt's estate and awaits his turn, which will be after the bankrupts statutory liabilities are paid.


I have spoke to CAB, national debtline, payplan and a whole load of other agencies. Any advice would be greatly appreciated!
They won't be much help I'm afraid. They only make money by negotiating a debt, which is a regulated activity.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

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