Walking possession

[Dangermouse]

Hi

Hopefully I can find the answer to two questions here.

1/ What happens if a walking possession form is posted through my door and my goods are already subject of a walking possession from a different bailiff co?
2/ Can Sherforce (from High Court) have walking possession simply by posting a document throgh my door? (I have not signed anything)

Hope somebody can help.

Thanks

Dangermouse

[Rooster-UK]

Hi Dangermouse.

Perhaps the following may be of help to you.......

A walking possession agreement means that the goods that have been seized now legally belong to the bailiff and can be removed at any time. However, s/he will allow them to remain in your home and you can continue to use them providing you keep your side of the agreement, e.g. you make agreed payments.
In order for a walking possession order to be valid, a bailiff should have gained peaceful entry to the property and seized the goods. It is not enough for a bailiff to list items that they have seen through a window and push a walking possession order through the letterbox for you to sign and return. You should never sign a walking possession order in these circumstances.

Once there is a walking possession order in place, any seized goods become the property of the bailiff. In other words, they are no longer yours to seize.

Regards, Rooster.

[Dangermouse]

Many thanks for that Rooster.

Dangermouse

[lookinforinfo]

In answer to your second question Dangermouse, you would have to inform
Sherforce which goods were already part of a walking possession order from
another company. If both companies had the same item listed, and then you
defaulted on both companies, you could be in serious trouble with one of the
companies if their item was missing-even though taken by another bailiff.

Far safer therefore not to let Sherforce in your property. And never sign
anything they ask as it will almost certainly be their walking possession order.
you do not have to let them in to your property no matter what they say.
Just make sure that you keep your doors and windows locked so they have
no way of getting in by themselves. But you will have to sort something out
as there is a warrant from the Court.

[ivorbiggun]

Sounds like Sherforce are applying psychological pressure by posting the WIP through the door.

[MizzPiggy]

Walking Possession orders are only valid for 14 days on the items listed.

After this, the goods that were itemised are released from the order unless it is renewed. Many people believe that it is ongoing, it is not.

The only disadvantage, is if the Bailiff has entered the property and gained a Walking Possession order, as this DOES grant them powers to return without you being there, as they have already gained access once.

This is why they like to push for these to be signed, as a way of allowing themselves the right for entry even after the original order has not been renewed.

The High Court Bailiff and any Bailiff actually, acting on a Magistrates Court Warrant, can, if there is refusal for entry and refusal for payment and are aware of avoidance, can enter using an element of force. These powers were granted to them under a Bill (yes that great Bill of the Domestic Violence Act that these bits snuck in through).

So my thoughts are, do not let them in, but try to negotiate as soon as you can.

Don't be fooled with them stating that they will only allow you to enter an agreement after they have entered your home to assess goods or see the feasability of payment. DON'T LET THEM IN, BUT DO NOT IGNORE THE ISSUE.

The truth is, they are there for payment and the laws outdated, and Bailiffs and Companies DO negotiate. The end result is the same, Payment. Hoping people begin to believe in this.Hope this helps.

Alison

Alison

[agr]

Bailiffs can take walking possession on goods NOT inside the house if they are able to gain legal access to your garden or garage or shed in your absence if said area's are not locked. As Alison stated above, dont ignore it if this is the case, try to speak to the company or council and they may still negotiate with you, therby avoiding the bailiffs fees as they will cancel the bailiff instruction, you will however HAVE to stick implicitly to any agreement made, if you break it you've had your chance and the bailiff will be reinstructed.

[tevion]

Originally Posted by lookinforinfo

In answer to your second question Dangermouse, you would have to inform
Sherforce which goods were already part of a walking possession order from
another company. If both companies had the same item listed, and then you
defaulted on both companies, you could be in serious trouble with one of the
companies if their item was missing-even though taken by another bailiff.

Far safer therefore not to let Sherforce in your property. And never sign
anything they ask as it will almost certainly be their walking possession order.
you do not have to let them in to your property no matter what they say.
Just make sure that you keep your doors and windows locked so they have
no way of getting in by themselves. But you will have to sort something out
as there is a warrant from the Court.

you would not be itrouble as it is illegal for a baliff to take a walking possession orderon goods or ready levied and also to remove them if subject to a walking possession already. a walking possession order is not valid if pushed through the door the baliff has to have gained entry to the property. also he cant just say every thing, the goods have to be listed individually and there are quite a few goods baliffs cant remove no matter what they claim.

[toddle2u]

It is not illegal for a Bailiff to take a Wallking Possession Order (WPO) over goods already subject to them. The Bailiff with the second WPO can remove the goods and sell (along as he has gone through the correct process to obtain them). From the proceeds of sale he then first has to pay out the money owed to the original Bailiff with the WPO and the remaining proceeds used against the proceeds owed to him. Obviously this is only going to be worth his while if there are enough goods available for seizure to cover both debts. Also with regards to the WPO it is not sufficient just to have an ad hoc list of items (i.e TV) it should be specific (i.e. 26" Sanyo TV). If it is not specific is not valid. Therefore the WPO pushed through the door is comletely invalid. Also they cannot make up a list by looking though windows etc they actually have to enter the premises.