We want to treat all our customers fairly. Some of our customers are in fact debtors under a judgment, but it is not for us to sit in judgment on them. Instead, our job is to compel them to pay what they owe to the Court and to their creditor. However, many debtors often ask, “Can bailiff take my car?” It’s important to understand the legal implications of enforcement actions and how they may affect personal belongings like vehicles.
Many people we visit understand that our involvement makes the matter much more serious and work hard to co-operate with us and the Court. This is appreciated.
There are some people who for whatever reason can’t afford to pay us and we look to treat these people fairly.
Of course, on occasion, we have to follow through on the full power of the High Court Writ of Control and remove goods. Sometimes we have to escalate our process to encourage co-operation.
Cars are an asset that when taken into legal control generally do provoke a reaction. No one wants to lose their car to pay a debt. As enforcement professionals, we can tell you that the removal process for a car is one we try to avoid. That said if we do not receive payment, a suitable offer, or co-operation it is likely the car will be put on a removal truck and sent for sale or auction.
If you are a creditor reading this information we encourage you to assist the High Court Enforcement Officer in locating any vehicle the debtor may have by telling us about the make, model and registration details, and any other information such as where the vehicle may be stored.
If you can’t give us all that information, don’t worry; it’s the job of a Shergroup Enforcement Agent to find any available vehicle and make enquiries about ownership and possible claims such as “tools of trade” and whether the vehicle is “necessary” to the judgment debtor and his/her family.
Once Shergroup Enforcement Agents have located the vehicle we check with our online service to see if the vehicle is registered to the judgment debtor. If the vehicle matches the name of the judgment debtor, Shergroup conducts an HPI register search to check if it is subject to finance. Unless Shergroup has an agreement with the finance company—something not always easily obtained—Shergroup cannot proceed with the removal and sale of the vehicle. This is because the finance company will claim the car under their agreement. Therefore, can bailiff take my car if it is under finance? The answer is no, as the finance company retains ownership rights over the vehicle.
Watch Special Agent Shergroup in action to get a feel for how we go about getting the cash.
To start using Shergroup Enforcement to enforce your County Court or High Court Judgment click on this link where you will find everything you need including our Transfer Form to get you started!
