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I've almost cleared a liability order by paying the council direct so the Ballifs have not had a penny of my money and have made their 2 visits. I returned home yesterday to find that he has hand delivered a letter saying full payment needed etc or else he will remove goods. There is only £100 left on the account and i'm going to pay that to the council direct today.

 

I am moving house at the weekend though so what would happen if I allow the Ballif access to my house because it's empty and all of my stuff is either in the new house or in the removal van. Obviously there is nothing to levy on but because i've allowed him in once can they then force entry to my new address because they have been given access by me before?

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I have almost paid the debt off and believe me I have no intention of letting a baliff anywhere near the property.

 

My question was a general wondering about that type of situation ie if you've allowed them access to an ampty house and they are unable to levy can they automatically gain access to your new property because you have allowed them into a property in the past.

 

I'm sure someone must have done it in the past if not just to wind the ballif up when he sees you have nothing in the house/flat.

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To actually do a walking possession they need to actually touch the items and get you to sign the inventory.

 

cds

 

I am sorry but this is NOT correct. The bailiff does not need to touch the items. He needs to IDENTIFY them only.

 

As for signing the WP. Again, it is preferable but not necessary.

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I've almost cleared a liability order by paying the council direct so the Ballifs have not had a penny of my money and have made their 2 visits. I returned home yesterday to find that he has hand delivered a letter saying full payment needed etc or else he will remove goods. There is only £100 left on the account and i'm going to pay that to the council direct today.

 

I am moving house at the weekend though so what would happen if I allow the Ballif access to my house because it's empty and all of my stuff is either in the new house or in the removal van. Obviously there is nothing to levy on but because i've allowed him in once can they then force entry to my new address because they have been given access by me before?

 

 

This is an important question and one and needs to be understood.

 

With council tax the regulations provide that BAILIFF FEES must be first deducted from any payment that you make..

 

How this works is as follows:

 

Let"s assume that the Liability Order is for £200.

 

Bailiff has visited twice and has been unable to gain entry into the home or levy on goods.

 

The bailiff charges are therefore £24.50 for "attending to levy" where no levy was made and a further 2nd visit fee of £18.00 ( bailiff's cant charge for more than 2 visits}.

 

Payment of £200 is made to direct to the council.

 

The council are therefore required to repay £42.50 to the bailiff company because the bailiff is entitled to his fees first.

 

RESULT This means that there is still £42.50 remaining under the Liability Order. and this means that the bailiff can still pursue you.....and will !!

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What is a walking possession agreement?

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.

 

 

taken from the UKinsolvency helpine

 

 

cds

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This is an important question and one and needs to be understood.

 

With council tax the regulations provide that BAILIFF FEES must be first deducted from any payment that you make..

 

How this works is as follows:

 

Let"s assume that the Liability Order is for £200.

 

Bailiff has visited twice and has been unable to gain entry into the home or levy on goods.

 

The bailiff charges are therefore £24.50 for "attending to levy" where no levy was made and a further 2nd visit fee of £18.00 ( bailiff's cant charge for more than 2 visits}.

 

Payment of £200 is made to direct to the council.

 

The council are therefore required to repay £42.50 to the bailiff company because the bailiff is entitled to his fees first.

 

RESULT This means that there is still £42.50 remaining under the Liability Order. and this means that the bailiff can still pursue you.....and will !!

 

Didn't realise that thanks Tomtubby.

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