Signed Walking Possession.. Help!!!!!

[UK27]

I think you are missing the point, the bailiff has not specified any fees charged on the walking possession agreement he has put a total amount outstanding and simply put "inclusive" against the fees, this is not legal. Schedule 5 details the costs the bailiff can charge, but he hasn’t done this.

Edited August 20, 2009 by UK27

[Conniff]

I am desperately searching for something in your favour bawler.

 

UK27. I know what all these things say, but we 'need' to know if any of them actually invalidate the levy.

 

Uk are you typing in word and then pasting on here as the formatting your also pasting is distracting.

[bawler]

ive begged my mother to help me out, and she's had to BORROW £250 for me to use. i really cannot pay any more than that, i dont have anywhere else to turn. are they obliged to take that money and make arrangements at a later date? or can they refuse it a demand full payment?

me being new to all of this i STUPIDLY gave him my phone number!

they've been ringin me all night! do i answer??

[UK27]

OK in simple terms the bailiff must specify the costs otherwise the levy is irregular and therefore invalid, he has not done this, legally the levy is void. I have posted a link to the regulations have a look at 45 and then look at the walking possession agreement the bailiff has left, it is laziness on the part of the bailiff but nevertheless will invalidate the levy

[Conniff]

Irregular yes, but where is the assurance that irregular makes it invalid?

[UK27]

I have some concerns about Conniff's motive on here as most of what is said seems to support the bailiff so would not be surprised if it was the bailiff. The term irregular relates to the state of the levy, this means that whilst the levy is not illegal because there is a liability order in force the actions of the bailiff constitute an irregularity and therefore an invalid levy.

[Conniff]

**edit** Uk27, I think my 4,500 post against your 12 has some meaning.

 

Are you a lawyer - can you say catagorically and with definate certainty that an irregularity makes something invalid.

 

It's no good once the bailiff has taken the goods to say "well it was only my opinion".

Edited August 20, 2009 by Conniff
Please be ciivil - I take exception to being called a bailiff by a newbie.

[UK27]

In a nutshell because the bailiff has not specified the fees associated with the levy then it is invalid - he cannot effect entry to enforce the levy. Speak to them and tell them that you need more time to pay.

[bawler]

UK27- i've read through Regulation 45 but i cant see the part where it says the bailiff must detail or break down their charges in writing. could you point it out or post it for me please?

[Conniff]

In a nutshell because the bailiff has not specified the fees associated with the levy then it is invalid - he cannot effect entry to enforce the levy.

 

 

You Keep Saying That, Where Is The Black And White Copy To Prove It????

[UK27]

5) The person levying distress on behalf of an authority shall carry with him the written authorisation of the authority, which he shall show to the debtor if so requested; and he shall hand to the debtor or leave at the premises where the distress is levied a copy of this regulation and Schedule 5 and a memorandum setting out the appropriate amount, and shall hand to the debtor a copy of any close or walking possession agreement entered into.

 

The memorandum setting out the appropriate amount relates to the chages in schedule 5

[bawler]

CONNIFF and UK27. i dont want you to fall out over this, i'm just trying to seek clarity on this matter as i dont think i have much time and im really worried, not been through this before. i just want to be confident in what i tell the bailiff first thing tomorrow.

[Conniff]

You said that earlier, but where is the bit that says: 'failure to do the above will invalidate the WP'

[hallowitch]

the bailiff is collecting 3 liability orders he has put all accounts into 1 lump sum put all account numbers on this so he has 3 liability orders on 1 walking possession agreement if anything makes this levy invalid its this

the bailiff has not given a breakdown of charges (possibly invalidates the levy )

 

exempt goods on it does this make the levy invalid (possibly not as the they could remove the other goods )

[Conniff]

(possibly invalidates the levy )

 

Unless you know for certain, the above hallowitch post is the way it 'should' be posted.

You mustn't give anyone false hope unless you 'know' that is how it is and not just your interpretation.

[bawler]

ive begged my mother to help me out, and she's had to BORROW £250 for me to use. i really cannot pay any more than that, i dont have anywhere else to turn. are they obliged to take that money and make arrangements at a later date? or can they refuse it a demand full payment?

me being new to all of this i STUPIDLY gave him my phone number!

they've been ringin me all night! do i answer??

 

i dont mean to be rude to anyone, but i just want to do the right thing, i dont want to make it easy for the bailiff, thats the reason why im seeking clarity.

the quote above is the only thing i can think of if i cant get clarity. do you think its something i should consider? or should i still not panic?! ( now..im panicky!!)

[Conniff]

i dont mean to be rude to anyone, but i just want to do the right thing, i dont want to make it easy for the bailiff, thats the reason why im seeking clarity.

the quote above is the only thing i can think of if i cant get clarity. do you think its something i should consider? or should i still not panic?! ( now..im panicky!!)

 

And that is the reason I am asking for clarity from UK27, opinions are not good enough.

 

If you say to the bailiff 'someone told me', they will just laugh.

[UK27]

I have said all that I can, I do not believe that you have to worry, of course you will have to pay the debt but how you deal with the bailiffs is up to you. The fact that the bailiffs have been calling you all night is a bit strange, I wonder if they are following this thread, in any case they cannot remove your goods over the phone so the best thing to do is speak to them. They really do not want your goods as they are unlikely to cover the debt and costs, speak to them as avoidance gives them no option but to call and enforce. Failing that take the advice of Conniff, 4,500 posts must mean something.

[Conniff]

I haven't given any advice and neither have you, I have done as you have done and just given an opinion, unfortunately opinions have no weight in law.

[bawler]

Okay so at the moment, the strongest way of trying to invalidate the WP is to highlight the fact that the paperwork was not filled correctly? In terms of not having the full breakdown for the fees? Is there a way I can get this in writng to stop them to stop coming to take my things?

Also, what about the upper and lower casing of my name? the WP clearly states that it should be filled in BLOCK CAPITALS.

It is my understanding that when written capitals..they are dealing with a different persons..does this make the contract void? As it would be when you send off a passport and fill it in lower case, it is sent back. If the document went before a judge, would it be accepepted?

[Conniff]

I would say the best way is to offer the money you have as a downpayment. They don't have to agree to the payment though, but at least if they do, that will give you time to work something out.

[bawler]

HI conniff, I have a question if you can help?

 

do you know which regulation/legislation this is taken from?

it may help me tomorrow.

 

thanks!

 

 

2) 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.

[Conniff]

I'm sorry bawler, I can't find any list on official government sites, there are a lot on debt counceling sites. All I can find is the following.

 

 

There are some things that the bailiffs are not allowed to take at all, such as goods that are rented or hired. The regulations also say that the following items are exempt and cannot be taken:

• "such tools, books, vehicles and other items of equipment as are necessary for use personally in employment, business or vocation";
  
• "such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying basic domestic needs of the person and family".
  

This list is not very specific so you may find that bailiffs have a different idea of what items are necessary for you to keep and what can be taken. You can complain about what the bailiffs take if you feel the items should have been exempt.

[ukaviator]

The Walking possession agreement is an agreement signed by the debtor which allows the goods to remain with the debtor as long as they keep to a payment arrangement. However, if the debtor defaults on a payment arrangement the bailiff can return, force entry and seize the goods.

 

The bailiff can only seize goods which belong to the debtor. The bailiff can seize goods which are jointly owned even if the other joint owner is not the debtor.

 

The debtor can apply on form N245 to suspend the warrant to seize goods and to make an offer of payment that the debtor can afford. The form lists details of their income, expenditure, debts, and should include an offer of payment. The bailiff will not take any further action once the debtor has applied on the form N245 and sent it to the court. There is a fee of £35.00. The debtor can apply on form EX160 for exemption from the fee if they are on Income Support, IBJSA, or pension credit. Others on a low income may get remission if their income is sufficiently low enough. As the Balliffs are coming tomorrow this will not be of help straight away.

 

It may be possible to get the bailiff withdrawn if there are Special Circumstances, severe financial difficulties will be included in the list of Special Circumstances.

[bawler]

thanks for all that ukaviator, everyone’s been so helpful. looking at form n245 now. been trying to make sense of the tribunals, courts and enforcement act 2007. i was thinking of trying this before you replied Joint Committee On Human Rights - Fifth Report maybe ‘exempt goods; 2.23 thru 2.25'. is it an option if form n245 doesn't work out for me?