Can they take my car?

Hi all,

I've watched 'Can't pay we'll take it away' as much for entertainment as education. When a car is on finance, it can't be taken.

I have a finance-free car and having lost a recent CCJ I'd like to 'protect it'. If I take out a minimal log book loan, would the car come back as under finance (and thus protected) when searched by bailiffs?

The car's worth £10k and I'd take out a £500 loan. Don't need the loan (to clarify). Just want to keep the car.

Thanks

A log book loan would only protect a vehicle if it covered the full amount of the car's value I've found. So, I can't use that to protect it!

I've since researched this a bit and it appears that it is to do with the ownership i.e. in a finance situation, the lender owns the car until you make the final payment. A log book loan doesn't change ownership so you'd still be the owner of the car but couldn't sell it while a loan is secured against it. Mildly confusing but kinda makes sense.

Hiding it is the best option, though a complete pain.

would 1 of your friends register your car in their name?

They would but I've read that the whole owner Vs registered keeper is a legal minefield. As is selling assets to defeat justice; if I was still using it it is then looks like an attempt to get round the law!

I was hoping the log book loan was an easy fix.

I'm tenacious so happy to hide it from the bailifs

Stevro, can you provide some ref to act etc re selling assets to defeat justice. that sounds like criminal law (and therefore difficult to prove). Even if it were civil law then how can that be a problem? the asset=money

also any extra info re the owner v registered keeper would be good.

This relates to divorce but gives the gist of things. A court has powers to investigate this as it is common in divorces.

My very brief experience in court on a credit card debt has shown me that a judge asks very simple questions and in this case I imagine it would be along the lines of... so you lost your case to HSBC and sold your car a month later to a friend yet still are the main diver, please explain. A judge then decides what sounds believable and what sounds like deception. Beyond a reasonable doubt.

https://www.divorce.co.uk/your-finances/hidden-assets-on-divorce

'Log-Book Loans

Although enforcement companies have access to DVLA records, such a search will not reveal the existence of a ‘Log Book’ loan. It is usual for enforcement companies to will carry out an ‘HPI’ search in advance of a visit. This is to establish whether or not the vehicle is subject to finance. An HPI search should reveal the existence of a ‘Log Book’ loan. However, it will not reveal how much is outstanding under the agreement.

If the amount outstanding exceeds the value of the car, it would not be seized. If you have a Log Book loan against your vehicle, you will need to provide evidence to the enforcement company.'

https://bailiffadviceonline.co.uk/index-page/motor-vehicles-clamping-and-anpr/my-car-is-on-finance-or-hire-purchase

So borrowing £500 against a £10k car would mean the amount outstanding does not exceed the value of the car therefore it could be seized. I'd assume the log book loan would be repaid and the balance kept.

Hi Stevro.
Why don't you set-up a new LTD company and buy your car through it from you?
Register V5 in it's name and buy business insurance.
In this way you don't need to transfer the ownership to some-one else.
Research on this please and let us know.

Another option is to setup the family trust and transfer it to the trust.
Good luck!

Here is the problem, you don't actually own the car when you fill in and send off your V5 document as this is a contract, this is why they can lift and remove your vehicle from designated areas such as red line areas or freeways without your consent, and by filling it in and signing it you consent to their contractual conditions.

Setting up a Ltd company may be an option but sounds like a paperwork and tax nightmare as I'm employed as a PAYE.

If it did work a judge may still class it as hiding assets. Having a company with no turnover would look pretty incriminating.

Not sure what your point is re ownership. Regardless of who is the registered keeper, all cars have owners.

I, unfortunately, am the owner. I bought it from a garage. If I sell it and pass on ownership or pass the registered keeper status to another, I would be in the same danger of wilfully hiding or disposing of assets if I still drive it.

is the point of this thread to ask and then throw away any solutions in favour of a statist view per chance?  
i think i have the answer.... Yes they can take YOUR car because u will let them.
is this the right answer ?

Lopsum wrote:is the point of this thread to ask and then throw away any solutions in favour of a statist view per chance?  
i think i have the answer.... Yes they can take YOUR car because u will let them.
is this the right answer ?

I haven't seen any 'solutions' just suggestions. What do you suggest?

I think you may get advanced warning if so called bailiffs are turning up. So move car away or lock in a garage until them theives have gone.

Just an idea.

That sounds like a plan. Probably the easiest too.

Thanks all!

LionsShare wrote:I think you may get advanced warning if so called bailiffs are turning up. So move car away or lock in a garage until them theives have gone.

Just an idea.

That’s what I would have done too, sounds like simple common sense... If they can’t find it, they can’t take it - simple!

I would take a different view, I would park it in a neighbours or family members garage and ensure it has no windows or doors which have cracks and can be seen through. You could also park a neighbours or friends car on your drive in full view and let them clamp it and video it and get a little retribution, if they clamp it then then inform your friend or family member their car is being stolen and let them call the po-lice and inform them it is being stolen and hit them with a civil tort.

Bailiffs are lazy and work on intimidation, they never do a keeper check and assume it is the owner of the property on which it is parked as they only do a credit check to check if there is finance on the vehicle and if it comes back as having no finance they grab it. You then have them for theft or attempted theft, a po-lice report of a theft or attempted theft, and it is not from you as the registered keeper makes the report.
Bailiffs are lazy, they make assumptions, and you capitalise on it and make them pay instead.

Little story, a friends family member was a regional manager for a car hire company and had his own car, a messy divorce saw his ex wife run up lots of debts and they tried to recover them from him, he had two hire cars parked on his drive and bailiffs turned up and tried to clamp them, he filmed everything and informed them they weren't his or his ex wives. He called the branch and the branch manager set out with the company recovery truck, in the meantime the bailiffs recovery truck turned up and had reversed up the drive, he parked his lorry across the drive and blocked them in, he called the po-lice and reported he had caught three people attempting to steal two cars and he had them blocked in and boy did they respond. They turned up and informed the lice they were bailiffs and were recovering the vehicles and the branch manager told them that they were his branches hire vehicles and if the bailiffs hadn't done their very basic due diligence, this wasn't his issue, the bailffs told him to prove they were company vehicles. He told them to f*ck off and he didn't have to prove anything as they were making unsubstantiated claims and they should do basic due diligence and not act upon assumptions.

How did the regional manager get away with it? he parked his car at a relations, in their garage, and left his bike there and cycled to this relations to collect his car, and after he returned from work, he left his car there and cycled home as he was fully aware that the thieving scum trawl the streets in the area to see of they park their cars a few streets away and walk home.

Ha ha! Great revenge. I'll use some from of hiding. Just a pain having to walk for 5 mins

better than losing your car if its expensive.

Defo!

My plan is to not pay by any means necessary. They may have won in court but getting money will be a whole new battle I look forward to.

You may be trying to exit the system, not sure your circumstances, but if there is a disability badge in the window then I'm sure they cannot take the car.
If you are not in receipt of sickness benefits to qualify for a blue badge you may still qualify for a temporary 12 month badge depending upon your circumstances.
This may be 1 way around them not being able to take the car, but obviously would depend on your circumstances.

Jaqcuie Figg a rights activist, (she has sent back her licence as it does not apply to her) mentions that she travels in a car not owned by her, and she is insured to drive any car that is not hers. So maybe a trust or company may work, but as with anything we must all do our research on this.

What research are you trying to do?

There is no obligation to have a blue bagde as it is (according to ECHR precedent) a voluntary obligation.

Any vehicle can be registered as disabled and get free road tax but they only ever check to see if it has finance on it and not even who the registered keeper is and this is where they cock it up and get caught out.

Not sure if the research question is for me assassin?

I read somewhere that a DCA cannot take a car if there is a blue badge present.

Citizen's Advice claim this 'I read somewhere that a DCA cannot take a car if there is a blue badge present.'

But I'm able bodied. And I don't want to break the law.

Thanks all.

Yes it is for you Allrightsreserved as a blue badge is irrelevant because you can have disability entitlement without having a blue badge as a blue badge is a voluntary obligation but a car or other vehicle can be registered as disabled irrespective of the keeper having a blue badge or not.

DCA's never check anything other than if a vehicle has finance on it as thay have to pay for these checks and assume they have the right to take anything not on finance, and also assume the owner is residing at the property when it could be a visitors or neighbours car parked on their drive. They play the old diatribe of "we didn't have that information" when they are caught out, when it is actually easy and cheaply obtained, but maximum profits come above all else.

Friend has a disabled wife, disabled from birth and will not improve, they had a child recently move out and had incurred (allegedly) a debt and had moved abroad for a year with work, bailiffs came without notice and assumed it was the daughters car and clamped it and refused to remove it when they were informed it wasn't their daughters car. Bailiff asked for proof of disability and ownership of the car and they refused as they are fairly well educated and they called a tow truck and parents called the po-lice to report a theft of property, lice turned up and did a PNC check and parents told them not to inform the bailiff of their findings as everything was being recorded, they didn't; when they lifted the car the lice still failed to act upon a theft they knew was theft and had witnessed.

The upshot was simple, they bought a private prosecution for theft, failure in a duty of care, abused a position of trust, professional and gross misconduct, along with several other charges and the company paid an out of court settlement, they then bought a claim against the lice and won that as well.