Can bailiffs take a car not registered to me?

Are you worried about a bailiff taking your car even if it’s not registered to you? This is a common question and worry for many people. But don’t be afraid; we’re here to help.

Every month, over 170,000 people come to our website for information about problems like this one, and Citizens Advice estimate households have around £18.9 billion in unpaid bills like council tax and utilities¹. You’re not on your own. We understand your worries, the fear of a bailiff coming to your home, the stress of your belongings being taken, and the difficulty of talking with bailiffs.

In this article, we will help you to:

• Understand the rights and rules of bailiffs.
• Learn if a bailiff can take a car not in your name.
• Find out how to show a car is yours.
• Learn what to do if a bailiff takes your car.
• Get tips on how to stop a bailiff from taking your car.

We know how tough it can be to deal with bailiffs. Some of our team have been in the same situation, so want to help you out of it.

Let’s get started on your options when dealing with bailiffs.

Can Bailiffs Take My Car on Private Property?

Enforcement officers can take your car parked on your property or a public road. They cannot take it if it’s parked on private property.

The only exception to this is if the bailiffs have a court order permitting them.

Knowing what bailiff car seizure rules are should help you make the right decisions. Here’s a quick table with some of the key bailiff rights.

Bailiffs Can	But They Can’t
Call and visit your home multiple times, any day of the week.	Visit your workplace (if you are not self-employed)
Take items from your home. These items have to be considered ‘luxury’.	Take essential items from your home. This includes beds, clothing, and work equipment.
Use ANPR technology and DVLA information to locate your car and take it.	Enter your home without permission unless they have a warrant to force entry for a CCJ.
Peacefully enter your property.	Harass or threaten you.
Issue notices to those who owe a debt.	Take items that belong to someone else. However, they may be able to seize jointly owned property.
Offer to conduct a Virtual Controlled Goods Agreement (rather than in-person). This will typically be offered to vulnerable people.	Sell goods they have seized at auction until seven clear days have passed.

Can Bailiffs Take a Car That’s Not in My Name?

Yes, bailiffs can take a car that isn’t in your name.

The DVLA don’t keep a record of the owner of the vehicle. The only information that’s kept is the person who is responsible for its use.

Debt enforcement officers can only take things belonging to the debtor. The FCA state that a bailiff must not misrepresent their authority or legal position, and cannot suggest that an action may be taken where it legally can’t².

Can They Take a Car That Doesn’t Belong to Me?

Bailiffs can only take items, including cars and other vehicles, which belong to the debtor. They cannot take a car that doesn’t belong to you.

However, you will have to prove that the car belongs to someone else.

If you’re expecting a bailiff visit, I suggest you gather the paperwork for the vehicle or vehicles in question. Show evidence of the owner to prevent bailiffs from taking your car.

Remember, if the vehicle is on the property or public road, bailiffs will try to take it.

The vehicle could belong to your parent, partner, child, or flatmate/lodger. When expecting the bailiffs have the paperwork to have ready to prove that the vehicle isn’t yours.

Vehicle possession disputes with bailiffs are a common occurrence.

Our financial expert, Janine Marsh, advises on letting a bailiff into your home: ‘It’s crucial you check who they are before you open your door. Ask for their certificate through the letterbox or a window.’

» TAKE ACTION NOW: Fill out the short debt form

What to Do When You Receive Notice of a Bailiff Visit

You’ll have notice of a pending visit before bailiffs can turn up. You’ll have 7 days’ notice to prepare for the visit. It’s part of the debt recovery process.

You can still avoid enforcement officers from coming to your home after receiving the notice. Contact a debt advisor listed below if you are struggling with debt and need guidance on how to deal with them.

You don’t have to deal with bailiffs alone, debt advisors are there to help you. Taking a proactive debt management stance is the best option.

Contact one of the following for free assistance:

• StepChange
• National Debtline
• Citizens Advice

I have several useful articles providing details on what you can and can’t do when expecting bailiffs.

You can also refer to my articles to learn more about your rights and learn about what they can’t take from your home.

Can Bailiffs Take My Car if it’s on HP?

Enforcement officers shouldn’t take a car if it’s on HP, but the law isn’t entirely clear. The hire purchase company owns the vehicle until you have paid it off.

They are the third-party owners, even though you drive it and have use of it. Therefore, bailiffs shouldn’t take or clamp your HP car.

However, some bailiffs will try to do so, and may even be successful.

How Can I Prove My Car is on HP?

Have your HP documents ready to prove that it’s a hire purchase vehicle.

Show your HP agreement along with proof of payments to the HP company. Additionally, use the HPI Check online and enter your registration.

What If They Take My Hire Purchase Car?

Here’s what to do if the bailiffs clamp or take your HP car or make threats that they intend to.

1. Make a formal complaint in writing to the bailiff company. Make a copy of the letter and keep proof of posting.
2. Send a copy of the formal complaint to the creditor who hired the bailiffs.
3. Complain to the Financial Ombudsman or your local Government Ombudsman.

How to Stop Them Taking Your Car

Enforcement officers can take your car even if it’s parked on a public road away from your property. They will look on the road to see if they can find it.

They may even search roads close to your home. If they find your car, they will clamp it or remove it.

After the car is clamped, you have a minimum 2-hour window to clear the debt before it’s removed. You can also come up with an arrangement to clear the debt to get the clamp removed from the car.

Do bailiffs use number plate recognition?

Bailiffs use a number plate recognition camera to track down cars. They can use this at any time and in any location, including while driving.

The technology is used by the Police to identify cars that break the law. Bailiffs like the Police get the registered keeper’s details directly from the DVLA.

Therefore, I don’t advise that you simply try to park the car on one of your local streets.

Tips for stopping them from seizing your car

Stop bailiffs taking your car by:

• Parking the car in a locked garage
• Ask a friend or family member if you can park your car on their property

Remember, it’s illegal to tamper with a clamp on your car. You must use the contact information you’re provided with to arrange its removal.

Debt enforcement officers will usually remove the clamp after you arrange repayment of the debt you owe.

Understanding your consumer rights before a bailiff’s visit is essential.

Can Bailiffs Take a Disabled Persons’ Car?

Bailiffs can’t take a disabled person’s car. They cannot take a vehicle that is displaying a valid Blue Badge.

Additionally, bailiffs cannot take Motability vehicles.

Can Bailiffs Take Your Car if You Need it for Work?

Enforcement officers can’t take your car if you need it for work, but it must not be valued at more than £1,350.

If your car is worth over £1,350 the bailiffs can take it. The vehicle must be essential for your job and not used merely as transport to work.

For example, your car is essential for work if you are a taxi driver or delivery driver.

Can I Hide My Car?

You can hide your car from bailiffs providing they haven’t added it to an inventory of goods on a previous visit.

If a bailiff has made an inventory of goods, you will be breaking the law by hiding, selling, or removing anything contained on the list, including your car.

References

1. Citizens Advice – Debt Statistics and Bailiff Issues
2. FCA Handbook – CONC 7