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Back in February 2008, a bailiff called out & made my wife sign a walking possession order on her washing machine, fridge etc....

 

We have since moved house & replaced all the items on the list with items on HP.

 

Is that walking possession order still valid??

 

Can he still break in to the house??

 

He has never been in this house.

 

Due @ 11.00 today, so any help would be appreciated.

 

P.S I have e-mailed them a letter today (from this site) asking for 24 months to pay @ £46 a month (just over £1000 arrears)

 

P.S this was for council tax arrears.

Edited by 1e68c161
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February 2008 as this was more than 12mths ago i would say the bailiff had abandoned the levy (not 100% sure of that fact)

 

these goods are exempt from levy unless you had 2 fridges at the time

 

was this an official letter giving the time and date to remove goods

 

Can he still break in to the house??

again not 100/% sure depends what letter said but i would say no

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Enforcement Action letter poster through my letter box on 12/8/09

 

RE: ARREARS SUBJECT TO A WALKING POSSESSION AGREEMENT.

 

If payment is not made immediately to our head office, we will re-attend at your property at 11.00am on the 14/8/09 with a view to FORCING ENTRY AND REMOVING YOUR GOODS AND CHATTELS in accordance with the terms of the walking possession agreement

Edited by 1e68c161
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Site team aware.

Will try to get some informed advice.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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CODE OF PRACTICE

ON

LOCAL AUTHORITIES' USE OF BAILIFFS

IN THE ENFORCEMENT OF LOCAL TAXES

UPDATE & AMENDMENT SHEET

April 2000

 

Forcing re-entry

The law upon the rights of bailiffs to force re-entry to premises in order to remove

goods previously seized has recently been clarified. In Khazanchi v Faircharm

Investments; McLeod v Butterwick [1998] 2 All ER 901 the Court of Appeal held that

bailiffs may only force re-entry where they are being deliberately excluded from

premises. It will thus be necessary in most cases for the bailiff to notify the debtor in

advance of the date and time of the visit in order to remove. If the debtor is then

absent from home, or refuses entry, force may be employed

I personally would not let them in

do you still have a copy of the walking possession agreement as i said the fridge and washing machine are exempt from levy therefor they have an unlawful levy all baillifs know what they can and cant levy

i will see if i can find the list and post it up for you

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I no longer have the list, but This list was compiled when we were living with the in-law's, so it was there washing machine, F/F that was listed.

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were the council bailiffs aware at the time of the levy that this was not your home therefore the goods were not yours

do you the H P agreement for the replacement goods

 

The following articles belonging to a debtor shall be exempt from distress if they are at the time of the distress in a dwellinghouse and are reasonably required for the use in the dwellinghouse of the person residing there or a member of the household-

a) beds or bedding;

b) household linen;

c) chairs or settees;

d) tables;

e) food;

f) lights or light fittings;

g) heating appliances;

h) curtains;

i) floor coverings;

j) furniture, equipment or utensils used for cooking storing or eating food;

k) refrigerators;

l) articles used for cleaning, mending, or pressing clothes;

m) articles used for cleaning the dwellinghouse;

n) furniture used for storing-

(i) clothing, bedding or household linen;

(ii) articles used for cleaning the dwellinghouse; or

(iii) utensils used for cooking or eating food;

 

o) articles used for safety in the dwellinghouse or of household articles

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The WPO was taken at a different address, and for different goods?

 

Then NO the WPO isn't valid.

 

Don't answer the door, park any car in your garage or round the corner. The first thing they are interested in these days is levying on cars, as they are pretty much guaranteed to get their money if it is sold. I imagine they would have to re levy for this debt.

 

In any event they probably won't come at 1100am - I've never known a bailiff to hold appointments like this, but is a good scare tactic. And anyway you don't have to answer the door despite what they say or put through the letterbox.

 

hope the situation works out for you in the end.


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The original warrant will have expired (12 months validity) but not sure about the W/O

Also since the enforcement order will be issued to named individual (s) as opposed to a property,therefore I am not sure if theres relevance in unenforcability because of a change of address.

Have asked TT to take a look.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Sorry, didn't read properly, you say the original Levy was on goods that weren't even yours so it was an illegal/invalid levy in the first place!

 

God these bailffs are stupid


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Yes he was aware it wasn't our house, he just said 'I have to put something down'

 

I have some of the HP agreements, but not all of them.

 

He is due in 20 min, so i should just not let him in & make him accept the £46 offer i have made (per month)??

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Just don't open the door at all. They will not make payment arrangements on your doorstep, regardless of what you say. So contact the council and try to set up a payment arrangement with them. I agree, I have yet to see a bailiff turn up on time, let alone on the day when advised. Just get on with your day and make a note if they do turn up at what time and if they knock or just put a letter through the door, but Ignore them completely. Don't worry!

Edited by k1mmie

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A) Its a diff address

B) The items were not even mine

C) The letter is to my Wife under her former name (miss)

D) The debt was before i got together with her.

 

Thanx 4 the advice so far

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Xeonwales, whatever you do NEVER let a bailiff in to your property, that includes the back garden.

 

Its typical of the bailiff to say hes 'got to put something down'. Remember he is a meathead and is just pre-programmed to scribble down inacurate and in most cases fraudulent rubbish all day.

 

Maybe make contact with them via phone and tell them £46.00 is all you can afford.

 

...and £5.00 says he doesnt show at 11am


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not sure if the WPO would stand as the levy was made on goods that are not yours and not at your address it would be a good idea if you could prove that though,

and if you can email all the HP agreements to the Bailiff and inform him that the only thing that is not on HP is your beds etc and they cant take your fridge cooker etc anyway.

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I think the same WPO could be used, i.e you had a ferrari they levyed on at one address then found it at your new address. Then they could take it. Its the same material item, belonging to the same person.

 

Xeonwales situation is different, they have not got a valid levy in the first place so they have to start again. i.e get a legitimate signed WPO


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You can argue the costs etc with the bailiff company after, but as your initial concern is them turning up today, as mentioned you do not have to open the door or talk to them.

 

There are some great templates on here with letters you can adapt regarding the bailiff company explaining their breakdown of costs etc. and all the points you raised above. Type a letter to the council explaining all this and send a copy to the bailiffs. As mentioned on here all the time, your wife will need to ask for a screenshot from the bailiff company, as this gives all the information they hold on her account and more! There is even a process in place that is free, whereby if the response is not satisfactory then your wife can make a complaint against the bailiff for the original WPO and they will have to justify their actions in court.

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under no circumstances let the bailiff into your home

if you have a car move it

if he does come go outside( locking your door on the way out )

if possible take a photo of the transport he arrives in (he may try to charge you a van fee) ask him when and where he was certificated ask to see his id take a pen/paper with you and write it down if he refuses to to produce his id refuse to speak to him

if you have mobile that records record the conversation

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Back in February 2008, a bailiff called out & made my wife sign a walking possession order on her washing machine, fridge etc....

 

We have since moved house & replaced all the items on the list with items on HP.

 

Is that walking possession order still valid??

 

Can he still break in to the house??

 

He has never been in this house.

 

Due @ 11.00 today, so any help would be appreciated.

 

P.S I have e-mailed them a letter today (from this site) asking for 24 months to pay @ £46 a month (just over £1000 arrears)

 

P.S this was for council tax arrears.

 

 

I have just read this post.

 

From what you have said the bailiff visited your mother in laws property in 2008 and levied upon goods. These goods are not yours but are owned by Mother in law.

 

In the first instance a letter should have been sent long ago to ask for this "levy" to be removed and ALL associated fees to be cancelled.

 

What is clear is that this WP would not be valid as it was against goods owned by somebody else.

 

What is vitally important is that you MUST NOT allow the bailiff to come into your home today.

 

Instead a LETTER must be sent to the bailiff co to advise them of the situation. PS...you MUST ensure that you DO NOT have a car outside of your home as the bailiff will levy upon that !!

 

I will put a letter together as quick as I can.

 

PS: Have you cheked to see whether the bailiff that levied in 2008 was certificated and also which company is this?

 

PS. In the sticky section you will find a link to see whether the bailiff is certificated.

  • Haha 1

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I do have a car in my drive, but the engine has blown, MOT & TAX all expired & its not registered to me. Is that ok? (Car declared off the road to DVLA)

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Gone 11am, maybe you should bill them for your time waiting infor them to arrive. What fun would that be if they turned up for you to hand them ;) an invoice!

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Yes, he is certified

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