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Signed Walking Possession.. Help!!!!!


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National Standards for Enforcement Agent May 2002

 

 

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.

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your welcome

it might be an idea to get in touch with your M P

did you find out if the baillif is certificated

are you clased as vunrable

 

National Standards for Enforcement Agent May 2002

 

Those who might be potentially vulnerable include:

  • the elderly;
  • people with a disability;
  • the seriously ill;
  • the recently bereaved;
  • single parent families;
  • pregnant women;
  • unemployed people; and,
  • those who have obvious difficulty in understanding, speaking or reading English

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Statutory or Financial Requirements for Enforcement Agencies;

 

"Enforcement agencies must keep a complete record of all financial transactions in whatever capacity undertaken."

 

i dont know if it's because im a bit novicey, but what if they dont? it just seems like the deck is stacked The Council Tax (Administration and Enforcement) Regulations 1992, PARTVI 45[5] debated earlier in the thread, and then they throw in 45[7]!!, what's that all about! it's confusing.

 

thanks again hallowitch, that was a really useful document.

 

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NSE; Information and confidentiality

 

"Enforcement agents will on each and every occasion when a visit is made to a debtor's property which incurs a fee for the debtor, leave a notice detailing the fees charged to date, including the one for that visit, and the fees which will be incurred if further action becomes necessary. If a written request is made an itemised account of fees will be provided.", and this sort of thing, it's saying something then it's not!

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Any news Bawler?

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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I have only just seen this question and have also looked at the documents.

 

The Form of Walking Possession is Ok and you cannot use the argument that the document is not in CAPITAL LETTERS.

 

However, the following points needs to be made:

 

If the bailiff is not certificated then the Walking Possession would be invalid. It is therefore necessary to check the register and details of how to do this can be found in the Sticky section.

 

The Bailiff should not have listed "exempt" items as this could lead to him being accused of carrying out an "illegal distress" From first glance these items would be the oven and washing machine. In addition if the computer games are owned by children these these should also be exempt. The bailiff can levy upon a sofa etc bu he MUST leave behind adequate seating for ALL MEMBERS of the family. This has been made very clear in the legal case of Mrs Ambrose v Nottingham City Council.

 

My other main concern is that the bailiff HAS NOT specified the charges that have been applied to the account and he has simply stated a total amount that INCLUDES his charges. He will know that this is WRONG because without knowing an amount...you will not know whether the bailiff has committed an offence of "overcharging" !!!

 

Finally, I have seen hundreds of Forms of Walking Possession (Form 8) but never before have I seen one that allowed "less than 5 days" before removing documents.

 

Debtors are unaware of the huge problems with signing these forms.

 

The common pitfall being that in the small print is is usual to find that you have signed to agree that unless payment is made in full that goods will be removed after 5 days. I am certain that if debtors actually read this document before allow a bailiff into their home nobody would willingly sign it!!

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Yes he can and this is what should happen.

 

HOWEVER....a bailiff enforcing MORE than one Laibility order at the same time can ONLY charge the following:

 

A MAXIMUM of TWO visit fees to "levy upon goods" £24.50 and possibly an extra £18.00 IF a 2nd visit was required.

 

ONE levy fee according ot the scale of fees and calculated on the amount of the Liability Orders.

 

ONE Walking Possession fee of £12.00

 

What is important in this case is that because the bailiff has failed to list the amount of his charges we do not know whether he has correcly charged fees as above OR he may have applied "multiple charges" which is not allowed !!

 

PS: The matter of charges for enforcing MORE than one Liability order at the SAME TIME was the subject of the Form 4 Complaint in the thread posted by Mrs Westerham !!

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Yes he can and this is what should happen.

 

HOWEVER....a bailiff enforcing MORE than one Liability order at the same time can ONLY charge the following:

 

A MAXIMUM of TWO visit fees to "levy upon goods" £24.50 and possibly an extra £18.00 IF a 2nd visit was required.

 

ONE levy fee according ot the scale of fees and calculated on the amount of the Liability Orders.

 

ONE Walking Possession fee of £12.00

 

What is important in this case is that because the bailiff has failed to list the amount of his charges we do not know whether he has correcly charged fees as above OR he may have applied "multiple charges" which is not allowed !!

 

PS: The matter of charges for enforcing MORE than one Liability order at the SAME TIME was the subject of the Form 4 Complaint in the thread posted by Mrs Westerham !!

 

thanks for the reply it is good to know the correct way the bailiff should do it when collecting more than 1 liability order

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