Motability, Blue Badges and disabled motoring
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Motability car to be took away

jammy0121jammy0121 Member Posts: 17 Connected
Hi guys I am my wife’s full time carer also look after 5 children so you can imagine how hectic life is 😅we have a motability car which we rely on for everything school runs shopping doctors etc,I done something stupid a few months ago and drove in a bus lane which was genuine mistake I appealed the fine but they wouldn’t except it,I left it at that and ignored letters etc (I know I shouldn’t)anyway a enforcement officer came today with a remodel scheduled letter for tomorrow I have no real items of value they mentioned my motability car and said if I don’t pay in full they will tell motability to take my vehicle can they do this I’m so stressed please can someone help
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Replies

  • jammy0121jammy0121 Member Posts: 17 Connected
    Sorry to make it clear the baliff hasn’t threatened to take the car but she said she will instruct motability to do it 
  • jammy0121jammy0121 Member Posts: 17 Connected
    Please can someone help my wife is literally crying her eyes out she gets very stressed even at the smallest things like washing up so this must be like a mountain on her 
  • mikehughescqmikehughescq Member Posts: 6,591 Disability Gamechanger
    You need immediate debt advice rather than advice from lay people on a forum. Bailiffs have very limited powers but are often wilfully oblivious as to how limited they are. Start with https://advicelocal.uk. A bailiff cannot instruct Motability to do anything by the way. 
  • jammy0121jammy0121 Member Posts: 17 Connected
    Really so I won’t lose my car over this and I will contact debt advtjust needed something to put my wife’s mind at rest,I know it sounds daft but she honestly has been crying all day she gets so emotional over the tinest things like the washing up if there are crumbs on the floor 
  • jammy0121jammy0121 Member Posts: 17 Connected
    You need immediate debt advice rather than advice from lay people on a forum. Bailiffs have very limited powers but are often wilfully oblivious as to how limited they are. Start with https://advicelocal.uk. A bailiff cannot instruct Motability to do anything by the way. And thankyou so much for your response 

  • charlotte84charlotte84 Member Posts: 49 Connected
    @jammy0121 I hope your wife is feeling better soon. Does she have mental health problems like myself or physical as I’m just wondering if it’s possible to get motability with mental health problems I don’t see many posts regarding this. ☺️
  • jammy0121jammy0121 Member Posts: 17 Connected
    She does have mental health issues but she gets motability because of other issues 
  • woodbinewoodbine Community Co-Production Group Posts: 4,454 Disability Gamechanger
    @jammy0121 I hope your wife is feeling better soon. Does she have mental health problems like myself or physical as I’m just wondering if it’s possible to get motability with mental health problems I don’t see many posts regarding this. ☺️
    you can exchange your enhanced rate PIP mobility for motability.
    "Putting a child into care, isn't caring for a child" (T.Rhattigan)
  • lisathomas50lisathomas50 Posts: 4,324 Disability Gamechanger
    edited July 14
    A bayliff / enforcement officer cannot have your mobility car removed  or tell mobility to do it either  you don't have to open the door to them you can  make a payment arrangement with them 

    I have been in the situation myself and as an advocate I help others they are just trying to scare you they can't even clamp your car 

    <moderator removed - inaccurate information> also speak to citizens advice the more you ignore it the worse the problem will get 
  • jammy0121jammy0121 Member Posts: 17 Connected
    edited July 14
    A bayliff / enforcement officer cannot have your mobility car removed  or tell mobility to do it either  you don't have to open the door to them you can  make a payment arrangement with them 

    I have been in the situation myself and as an advocate I help others they are just trying to scare you they can't even clamp your car 
    (Removed by moderator)
  • jammy0121jammy0121 Member Posts: 17 Connected
    @lisathomas50 does that mean motability won’t take the car either even if I have fines please 
  • MarkN88MarkN88 Member Posts: 1,272 Pioneering
    Regardless what you read here I would still be contacting an organisation for debt advice. You need to understand what a bailiffs powers are and what your rights are. Mike listed a website for you to look at above, please use that. 
  • mikehughescqmikehughescq Member Posts: 6,591 Disability Gamechanger
    edited July 14
    MarkN88 said:
    Regardless what you read here I would still be contacting an organisation for debt advice. You need to understand what a bailiffs powers are and what your rights are. Mike listed a website for you to look at above, please use that. 
    I feel a strong need to reinforce this on this occasion because of this.
    I have been in the situation myself and as an advocate I help others they are just trying to scare you they can't even clamp your car 

    Your only option is to make a payment arrangement with them because until you do the debt will keep going up with every letter they send and if they attend your home 
    The above statement shows the dangers of lay advocacy and why lived experience is your lived experience but of limited use outside of that. You may have had your own situation @lisathomas50 but it is simply wrong in this scenario to say that the only option is a payment arrangement. We do not know the full facts and there are multiple options available. 

    The starting point here is that if this is a debt pursued by a bailiff on behalf of a local authority then both parties have guidance advising that any indication that the debtor is a vulnerable person should result in the debt being pulled back off the bailiffs. Indeed if the local authority was aware of vulnerability up front then it should not have been handed to a bailiff in the first place. Additional to that you should make a formal complaint about the comments from the bailiff as they potentially amount to harassment of a disabled person. There is a relatively low bar for proving harassment. All that before we get to the fact that the failure to respond to letters has resulted in fixed charges being added which often exceed the guidance amounts and likely can’t be justified given that there’s a possibility the debt ought not to have been with a bailiff in the first place. I am not a debt adviser and this is not my area of expertise. I’ve simply sat next to debt advisers for around a quarter of a century and this sort of basic stuff inevitably rubs off. 

    So, we have gone from one option to three in a paragraph. I’ll say it again. Get off the forum and go get professional debt advice. 

  • jammy0121jammy0121 Member Posts: 17 Connected
    Thanks all will be phoning now I will let you know the outcome 
  • Cher_ScopeCher_Scope Posts: 4,011

    Scope community team

    Hi @jammy0121

    I'm sorry to hear this has caused you and your family so much stress.  Just to second our members' previous advice, it is absolutely worth seeking specialist debt advice in this situation to allow you to explain all your circumstances in detail and get up to date, informed guidance.  

    As Mike has pointed out, there are various complexities that us and our members as lay folk wouldn't be privy to on the community and we wouldn't wish to give you improper advice that could lead to further concern.  

    In line with this, I've removed some of the text from your comment @lisathomas50 as there are multiple options that the OP may be advised to pursue.  Please bear in mind any limits of advice garnered from lived experience, as although valuable, it can sometimes lead to a partial perspective that can mislead others.  Indeed, I found this Citizens Advice webpage on 'How bailiffs should treat you if you are vulnerable' informative when considering the OP's wife is disabled.

    Wishing you all the best @jammy0121 - If you could keep us updated that would be great.  
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  • lisathomas50lisathomas50 Posts: 4,324 Disability Gamechanger
    It's not lived experience my  partner is a bayliff my son is a bayliff  my dad was a bayliff and my second job is a bayliff for last four months and if you go on line it gives you what powers a bayliff has I also have a law degree my lived experience was a whilst ago but my work experience as a bayliff / law enforcement officer is now also many people have fines on mobility and in all the years of mobility I have never heard of a car being removed because a bayliff has told them to do it as a bsyliff hasn't got the power to do that also if you have proof of mental health a bayliff can not approach you directly  

    You need to have proffesional advice from a solicitor or citizen advice but you will need to deal with it as the debt will go up 
  • lisathomas50lisathomas50 Posts: 4,324 Disability Gamechanger
    @Cher_Scope I have sent you an email explaining 
  • lisathomas50lisathomas50 Posts: 4,324 Disability Gamechanger
    edited July 15
    (Note from moderator, we can not assume that the below are the only options, or indeed options at all, and the only advice we would give in this situation is to seek professional help).

    Ok there are three options pay in full make a payment arrangement or get the original person who placed the fine to stop the law enforcement and make payment arrangements with them 

    Seek legal advice or advice from citizens advice straight away my second job is bayliff /enforcement officer 

    I have sent scope the full explanation and what will happen and how to sort it out 
  • mikehughescqmikehughescq Member Posts: 6,591 Disability Gamechanger
    No @lisathomas50 you can't keep doing this. You are starting from the assumption that all fines are legit and must be paid. That is often not the case and your advice remains, at best, incomplete. Right now, we don't and won't know and so you simply cannot say that the options amount to payment in some form or another. 
     
  • MarkN88MarkN88 Member Posts: 1,272 Pioneering
    Regardless of your personal experiences or your partners or sons job role, you are still not a professional debt advisor and that is what the OP needs to be consulting. 
  • Ross_ScopeRoss_Scope Posts: 4,114

    Scope community team

    edited July 14
    I appreciate you offering your experience @lisathomas50, but as mentioned by other posters we can't go with the assumption that those are the only options the OP should be considering, because there are clearly far more complexities to it than that. We can't say at all, with any degree of certainty, what the options even are.

    As advised by @MarkN88, the OP should be seeking professional advice which we can not provide here, and suggesting potential solutions to the issue without knowing all the details involved is not something we should be doing and could hinder the OP rather than help them. 

    Hi @jammy0121, I hope you are doing okay. This link was provided towards the top of this thread by @mikehughescq, and is a good place to go to try and find local support, so here is the link to Advice Local again.
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  • mikehughescqmikehughescq Member Posts: 6,591 Disability Gamechanger
    Nevertheless, arguably a great example of exactly what's wrong with the bailiff system i.e. they've largely no clue what they can or can't do. Bailiffs often think they're in the wild west and can say or do as they wish. The OPs post appears to be a fine example of that. 
  • lisathomas50lisathomas50 Posts: 4,324 Disability Gamechanger
    To be fair the original question was can my car be taken away because of a bayliff so the answer to that is no  that's the answer to the question the poster asked  

    The rest the outer has to get advice away from the forum before they get into more debt 
  • lisathomas50lisathomas50 Posts: 4,324 Disability Gamechanger
    Mike the poster has said they appealed and they lost the bayliff has been back eith an order and they said they are comeing back tomorrow so all in all the poster needs to do something before they come back tomorrow 
  • MarkN88MarkN88 Member Posts: 1,272 Pioneering
    edited July 14
    To be fair the original question was can my car be taken away because of a bayliff so the answer to that is no  that's the answer to the question the poster asked  

    The rest the outer has to get advice away from the forum before they get into more debt 
    In fairness though, that means all the “advice” you tried to provide Lisa was still not relevant or was incorrect. 

    Mike already said in his first reply the bailiff could not instruct motibility  to do anything, so that was answered very early on. 

    The point people are trying to make is regardless of your personal debt experience, the fact your partner or son is a bailiff, the fact you hold a law degree, etc has no bearing. 

    The debt aspect needs professional debt advice which you can’t provide. 
  • Sandy_123Sandy_123 Member Posts: 1,538 Pioneering
    Hi @jammy0121 I can't offer anything here other then get the advice needed and I hope you can get it all sorted good luck
  • jammy0121jammy0121 Member Posts: 17 Connected
    Thanks guys spoke to debt National helpline my motability car can be took by motability not baliffs as it is a breach of there terms and conditions I am trying to come to a arrangement with the enforcement agent but no luck as of yet thanks for all the replies 
  • lisathomas50lisathomas50 Posts: 4,324 Disability Gamechanger
    @jammy0121 get help from citizen advice to get an arrangement put in place they are good with bayliff debt 
  • mikehughescqmikehughescq Member Posts: 6,591 Disability Gamechanger
    edited July 14
    Mike the poster has said they appealed and they lost the bayliff has been back eith an order and they said they are comeing back tomorrow so all in all the poster needs to do something before they come back tomorrow 
    Yes, the thing they needed to do was get accurate advice, which is not necessarily confined to “pay up”. Plenty of people lose appeals in these circumstances and nevertheless have the whole debt wiped. The problem with coming at this from a bailiffs perspective is that the job starts from the assumption that everything you know from the creditor is accurate. It rarely is. 

    I rarely quote mods here but is there some element of the sections in bold which are not clear cos they’re definitely clear to me. Ross_Scope said:
    I appreciate you offering your experience @lisathomas50, but as mentioned by other posters we can't go with the assumption that those are the only options the OP should be considering, because there are clearly far more complexities to it than that. We can't say at all, with any degree of certainty, what the options even are.

    As advised by @MarkN88, the OP should be seeking professional advice which we can not provide here, and suggesting potential solutions to the issue without knowing all the details involved is not something we should be doing and could hinder the OP rather than help them. 

  • chiariedschiarieds Community Co-Production Group Posts: 9,129 Disability Gamechanger
    edited July 15
    Perhaps of interest is that a bailiff needs to prove to a county court judge that you’re a ‘fit and proper person', with no criminal or debt record; the latter of which Lisa acknowledges she has had. Please see: https://nationalcareers.service.gov.uk/job-profiles/bailiff  
    I hope this thread hasn't been confusing to the OP as Mike has given his advice, which Mark endorses, not to mention the Scope team taking this onboard. On looking through this thread, I can only hope the OP looks at the advice given rather than Lisa's comments (& her post on his wall).

  • mikehughescqmikehughescq Member Posts: 6,591 Disability Gamechanger
    That needs flagging I think. My browser refuses to let me do it at present. Bailiffs cannot give debt advice apart from anything else. However, ignoring advice from a mod; repeating it here in defiance and then going on the OPs wall to request it further is stepping over a line I fear.
  • lisathomas50lisathomas50 Posts: 4,324 Disability Gamechanger
    The poster has replied and has recived advice from the national debt help line who has given him advice which you have all seemed to have missed  the poster has been told as everyone else said the bayliff can't tell motability to take the car but they  have said that motability could take the car because its against the rules and regulations so the poster is trying to come to an aragment with the bayliff bit isn't haveing much luck  so have advised the poster to ask citizen advice for help 
  • lisathomas50lisathomas50 Posts: 4,324 Disability Gamechanger
    edited July 15
    [Removed by moderator – this post breaches our community house rules.] 
  • lisathomas50lisathomas50 Posts: 4,324 Disability Gamechanger
    You all seem to have forgotten about the poster 
  • chiariedschiarieds Community Co-Production Group Posts: 9,129 Disability Gamechanger
    Hmmm @lisathomas50 - I have no interest in you whatsoever, sorry. I certainly don't 'trawl' any social media either, as I don't use it, so no idea where you're coming from.... unless you can prove otherwise. I have to say I find your comments against the community's house rules in 'targeting' me. Certainly we haven't forgotten the OP; why would you think otherwise?
  • mikehughescqmikehughescq Member Posts: 6,591 Disability Gamechanger
    This has been most revealing. Not necessarily in a good way. Accusations of people trawling social media are going to have to be justified or withdrawn. Ignore list coming into play I think. 
  • MarkN88MarkN88 Member Posts: 1,272 Pioneering
    they have haveing a criminal record does not stop you being a bayliff  or an enforcer it depends on the crime and how long ago it was committed  and being in debt doesn't stop you either some bayliffs have experienced debt thats why they do the job 
    That’s false as well, clearly explained in the link provided above. 

    Direct Application

    Your employer will give you the training you need to get a Bailiff General Certificate. You'll need this before you can carry out any bailiff duties by yourself. 

    You'll need to:

    • prove to a county court judge that you’re a ‘fit and proper person', with no criminal or debt record 
    • have knowledge of bailiff law
    • put a £10,000 bond in place with the court - you can take out an insurance policy to cover this
    • provide 2 references
  • Cher_ScopeCher_Scope Posts: 4,011

    Scope community team

    Thread closed pending review.
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  • Cher_ScopeCher_Scope Posts: 4,011

    Scope community team

    On review, a decision has been made to keep this thread closed due to conversation no longer being productive for the OP.

    @lisathomas50 Breaches of the house rules including personal attacks against another member will not be tolerated on the community and as such have been removed. Our community is a friendly, supportive space and any concerns you have should be emailed privately to [email protected] for the team to look at and take action, as is necessary.

    Additionally, as has already been stated, please ensure that the information you share is safe; that is correct, appropriate and not opinion presented as fact. Despite the best of intentions, and some working knowledge of procedure, offering solutions based on assumption can be harmful. Therefore, to avoid members being doubly disadvantaged by erroneous advice given on our community, please refrain from offering guidance where a full and objective perspective cannot be reliably gained.

    The Scope team will be liaising further with the OP via email to ensure support is provided so do please keep an eye on your inbox @jammy0121 and we will be in touch asap. 

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