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I have a friend who is a car mechanic. He is out of work, and wants to become a motor trader. He has no money, and has some personal debts. I have given him £5000 to purchase three cars from auction for him to sell from his home. He has done this, and the three cars are on his drive. I have drawn up a (self-written not solicitor written) contract that we have both signed saying that I am the investor, that the cars until sold belong to me, and that his part of the deal is that he receives 50% of any profits from the sales as commission. If a loss is made, he does not share in this loss. He has motor trader insurance which covers all cars on his home driveway. My concern is if any bailiffs come for some money for payment of his debt – could they take away these cars? I would have thought not as they are legally owned by me.

November 27, 2008 by Anonymous

The problem here is not so much what bailiffs can do legally, as what they do in practice. If the cars belong to you-as they obviously do- they have no right to interfere with them. Unfortunately that is not going to stop them and there has to be the risk that they will remove the cars and ask questions afterwards.

Fortunately bailiffs rarely remove anything on a first visit-but if they do come sniffing around, get your property out of there fast