The short answer is yes, a bailiff can take your car on finance, but it depends on a number of factors, such as the type of finance agreement you have, your payment history, and whether the lender has taken legal steps to repossess the vehicle. In this article, we’ll break down what you need to know about car finance, bailiffs, and your rights.
Bailiffs and car repossession
If you fall behind on your car finance payments, your lender has the right to take action. However, before bailiffs are involved, the lender will typically go through a series of steps, including sending letters, offering repayment plans, and ultimately issuing a court order if you fail to reach an agreement.
Can bailiffs take your car?
Bailiffs can only seize your car if the finance company has taken you to court and obtained a court order for the repossession of the vehicle. This court order may come in the form of a warrant of control, which allows bailiffs to take and sell your property to recover the debt.
However, even with a warrant of control, there are limits to what a bailiff can seize. For example, bailiffs cannot take essential items like clothing, household furniture, or tools needed for work. They can only seize non-essential goods, such as your car, if it is deemed to be of sufficient value and if it is not covered by exemptions.
What happens if the car is on finance?
If your car is on finance, bailiffs must take your finance agreement into account before attempting to seize the vehicle. Under UK law, the lender has a higher claim to the car than you do, as they technically own it until you complete the payment.
In most cases, the lender will repossess the car directly, as they have the right to do so under the terms of your finance agreement. This means that if you stop making payments, they can repossess the car without needing to involve bailiffs.
That being said, if you have missed payments on your finance, and the lender has not yet repossessed the car, bailiffs can be involved if the lender takes the matter to court. The court will grant the lender permission to repossess the car, and bailiffs will be called to take it.
Your rights when dealing with bailiffs
If you do face bailiffs coming to take your car, it’s important to know your rights. Bailiffs are required to follow specific procedures when seizing property. Here are some key points you should be aware of:
Bailiffs cannot enter your home without permission
Bailiffs are not allowed to force entry into your home without your consent unless they have a court order allowing them to do so. However, if you have allowed the bailiffs into your home previously, they may be able to return and seize goods.
Bailiffs must identify themselves
Before taking any action, bailiffs must show you identification and inform you of the debt you owe. They are required to provide a written notice of their visit.
Bailiffs cannot seize essential items
As mentioned earlier, bailiffs cannot seize essential goods, such as your clothing, bedding, or tools needed for work. The car is only at risk if it is deemed to be a non-essential item.
You can negotiate with the lender
If you are struggling to make your car finance payments, it’s always a good idea to reach out to the lender and try to negotiate a repayment plan. Lenders are often willing to work with borrowers to find a solution, as it is in their best interest to avoid repossession proceedings.
What should you do if bailiffs come for your car?
If bailiffs are coming to seize your car, it’s important to act quickly. Here are some steps you can take:
- Check the paperwork: Ensure that the bailiffs have the correct court order and that they are acting within the law.
- Do not allow them to enter your property without permission: You are not obliged to let them in unless they have a court order.
- Contact the lender: Speak with the lender to explain your situation and see if you can reach an agreement.
- Consider getting legal advice: If the situation escalates, it may be wise to seek legal advice to help protect your rights.
Final remarks
Bailiffs can take your car if it is on finance, but only after the lender has taken the legal steps to repossess the vehicle. This usually happens if you miss payments and the lender takes you to court for non-payment. However, bailiffs can only seize the car if a court order has been issued, and they are restricted by law in what they can and cannot take.
To avoid this situation, it’s essential to stay in communication with your lender and take action if you’re struggling to keep up with your payments. Early intervention can help prevent bailiffs from being involved and give you the opportunity to resolve the situation before it escalates.
