walking possession note pushed through door

[meekle]

Hiya

 

I came home today from shopping to find that a bailiff had attended my property for a claim against a company i used to run. I am no longer the director of this company and i have no further connection with it - except that my home address is still on their books as the registered address for the company. The company is now no longer trading.

 

The bailiff apparently is acting on a high court writ from manchester county court, and as i wasnt there, obviously posted this walking possession agreement through my door.

 

It states that all goods within the property now belong to the bailiff and that i am to make no attempt to remove them. It also states that unless i pay the full sum due within 7 days, he will re attend the property to remove goods - and as he has a walking possession that will give him the right to enter the property.

 

It then goes on to state on page two that i am to list valuable items, and then post the agreement back, signed to their office.

 

This walking possession was also posted through the door WITHOUT an envelope so all and sundry could read it should they so wish.

 

Now, if this was a personal debt, i would tell them bullocks as i have not seen the bailiff, therefore he has not had entry and therefore a WPO does not apply - however, the fact that he is acting on a writ - does that change things?

 

Also, if he served the WPO through the leter box without ascertaining who lived there, let alone not putting the WPO in an envelope - does that invalidate his WPO as it was incorrectly served?

 

Any advice would be welcomed. I am not too worried if he does turn up to be honest as all goods within the building are personal, not business related therefore i will challenge anything he tries to take as it does not belong to the company, therefore he can not legally levy upon goods not owned by the debtor - if i remember correctly.

[chris600uk]

the fact that he is acting on a writ - does that change things?

 

I'm not 100% sure but I don't think so, and I suspect that he can't make a "global reference" to goods - there's case law I think that says a wpa with a global reference is invalid - just can't remember where it is.

 

Sorry, I know that's not much help right now when you're looking for a definite answer.

[chris600uk]

Writs of fieri facias | Enforcement of Judgment Debts | UK Disputes and Litigation law firm

 

Have a look at this and see if it helps at all

[chris600uk]

And this

 

http://www.insolvencyhelpline.co.uk/downloads/pdf-files/31_dealing_with_debts_in_the_high_court.pdf

[DCA-KING]

DONT WRITE ANY BELONGS DOWN ON THE LIST AND SIGN IT

they will then say you have agreed to the items i would ring the court and compalin that he has stated in a letter he has a walk in possession from where? who signed it? whats listed

No he wants you to list your belongs then they will turn up and take everything away

get onto the courts ASAP

Regards DK

[lamb to the slaughter]

you have to be careful here, if you were a limited company then tell em to go forth but if not i think they could take goods from your house, however please wait and see what others advise also.

[meekle]

the business was a limited company. thanks to the advice from Chris, it would appear that even though he has the right to focefull entry into a business property, he can only do so if it is obvious that he property is only used for business and has no residential attachment to it.

 

Now i know that some bailiff's are a bit.... challenged with their grey cells, but surely even this one would know that a 3 bed mid terrace property in the middle of a housing estate has residential accomodation and no some high fancy offices of a multinational... wouldnt he?

 

I assume that posted the WPO through the door unsealed, not even in an envelope and the general conduct of the bailiff is worth a complaint to the relevant authorities then?

[chris600uk]

absolutely, my strategy is to create a blizzard of mail at every and any opportunity - got to sound reasonable - but given average bailiff behaviour that shouldn't be too difficult.

 

At present my bailiffs are treating me very kindly, they quietly deliver letters every now and then so as not to disturb, just to let me know there's still a debt. I think they've all accepted that I won't pay any more than I am because I can't.

 

If it works for me, I know it can work for everyone else.