Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Re: no Walking Possession was signed, therefore no levy has been made?
Wrong I am afraid,
a "Levy" (seizure of goods) does not require a Walking Possession Agreement to be signed. A W.P.A. is a written request from a debtor that the bailiff does not remove the goods seized at the time and that they will not be removed from the property or sold or disposed of.
Goods must have been seized in order for a W.P.A. to be given but seizure does not rely on a W.P.A. as it is done prior to the W.P.A.
The Bailiff can sieze any goods that belong to the debtor and can remove them at the first attendance if he so desire's. The idea of the W.P.A. is to give the debtor time to raise the money and to allow the Bailiff to make more charges for return attendances.
Originally Posted by tekkencat
on another thread i have just read "no Walking Possession was signed, therefore no levy has been made"
Can someone confirm or deny this and provide some evidence to back it up.
Re: no Walking Possession was signed, therefore no levy has been made?
On a different question .........
Can a Council Tax bailiff break in and remove goods when there is nobody in attendance in the house? (Thats what he said in a letter)
Facts of the case
No W.P.A has been signed
Only one initial visit made by the Bailliff and it only involved him dropping a letter in the letter box with a view of attending at a later date - but he charged £198
The a/c is in regular payments
bailiff has never attended the property apart the instance named above
Re: no Walking Possession was signed, therefore no levy has been made?
In this case you confirm that he has visited to deliver a letter..he can therefore charge £22.50.
I would write a letter IMMEDIATELY, to say that you will not be allowing him into the property. That you are not in arrears.
Tell them also that you are fully aware of your rights and that you owe him no more than the £22.50
I would also say in the letter that are going to report his company because of the threatening letter that he has left. Tell the local authority and ask if they will consider taking the account back becuase of these threats.
Re: no Walking Possession was signed, therefore no levy has been made?
I had much the same with a bailiff regarding Council Tax and contacted the local council about it stating that someone who was representing them was harassing me. The account was taken back by the council the same day and they agreed to the payment proposal straight away.
Re: no Walking Possession was signed, therefore no levy has been made?
No he cannot,
There is no right of forced enrty by a Bailff unless he has previousl;y gained entry and is being deliberately refused re-entry. If he does call the Police and make a formal complaint of Burglary and theft.
Originally Posted by mtamu
On a different question .........
Can a Council Tax bailiff break in and remove goods when there is nobody in attendance in the house? (Thats what he said in a letter)
Facts of the case
No W.P.A has been signed
Only one initial visit made by the Bailliff and it only involved him dropping a letter in the letter box with a view of attending at a later date - but he charged £198
The a/c is in regular payments
bailiff has never attended the property apart the instance named above