Walking Possesion Order

[pennie100]

Hi had problems with my council tax could not pay last years the debt was passed on to jacobs. In jan of this year i was in a postion to pay the debt in full so i spoke to jacobs and offerd to post a cheque to pay the debt off in full they said we will not accept a cheque by post but will collect and charge you £24. Did not pay all quite until yesterday when they posted a walking possesion order through my letter box taking walking possesion of my car which was parked on the drive. The clown must have been parked on the road when he filled in the form because he got the car reg wrong. Any way i spoke to a helpfull person at the council who told me i could send payment to the council and by law they must accept it posted it yesterday anybody know what is the position with the walking possesion order is it legal and can they act on it

regards

[tiglet]

If they have not put down the correct registration number, i do not see how they can.

 

i would write to Jacobs, disputing that car x with xx registration number is yours and ask for a full breakdown in fees.

 

it sounds as if they are being very sneaky to try to get the maximum fees out of you to me.

[ukaviator]

Just to clarify to you what this is. 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. There is a daily charge for a walking possession order that you must pay, on top of the original debt you owe if they are sold.

 

Remember that goods will be sold at public auction and typically will sell for about 10% of their original value. This means that if you owe £50, a bailiff will probably try to seize goods to the value of at least £500.

 

A bailiff must only seize goods that belong to the person who owes the money, although any goods in the house can be seized for distress or rent. In practice, many bailiffs will attempt to seize any goods of value at a house they visit - it will be up to the individual to prove ownership afterwards. If you have receipts showing someone else bought the goods then you should show the bailiff these.

 

Bailiffs, except bailiffs acting on behalf of the magistrate's court, cannot seize the following goods:

 

Tools, goods, vehicles and other items of equipment necessary for use by you in your employment, business, clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of you and your family.

 

Is the car on HP?

[pennie100]

No the car is not on finance but my question was is the walking possesion order valid with the wrong car registration number on it

[rory32]

Thread moved to Bailiffs Forum.