Walking posession fee

[Clairesey]

Hi guys

 

Just a quick one from me....

 

Walking posession fees listed on a seizure of goods and inventory form.......are these allowed if weve not actually signed a walking posession form??

 

P.S. Am finding the site so useful in my current predicament, and just getting my head around all the ludicrous fees the balliff has added on...

 

Thanks in advance

[hallowitch]

Walking possession fees listed on a seizure of goods and inventory form.......are these allowed if weave not actually signed a walking possession form??

 

yes its legit (unfortunately)

what goods have they listed on it (if a car is it on HP finance)

some goods are exempt from levy

 

if you tell how much the liability order is for i will work out the levy fee for you

[Clairesey]

Thanks hallowitch,dont worry about working it out, its only little.....just checking it all out before we officially complain

[brownefamily]

If they've just shoved a note through the door but haven't actually entered the premises, I'd say 'no, the WP fee isn't allowed'

 

Looking through the window and making an inventory, then posting a WPA through the door is where the bailiff came to grief in the case of Evans v South Ribble

 

If they have gained entry but you just wouldn't sign the WPA, then they could argue their case. If you never met them and just came home to find a WPA, don't sign it and don't pay anything to do with WP. They are, in my opinion, chancing their arm

[brownefamily]

If they have seized goods outside the premises (eg a car) then those could be subject to a WPA. The main thing is, they have had to have been able to touch the goods they seized. If they just looked through a window, say, they can't seize them. If the car was outside, they can

[Clairesey]

It was the car, which has now gone, so sounds all above board

[RaeUK]

Just one point. Whilst replying to another poster it reminded me about cars. The DVLA only record the keeper not the owner of a car. Often this is the same. In my case it isn't. I'm the keeper but my sister is the owner, she paid for it and lets me use it in exchange for the odd trip here and there.

All the documents, eg insurance etc, being in your name does not prove ownership by any means. The Bailiff will just assume.

So are you really the owner of the car? Or did a friend or relative buy it and you have free use? Makes the world of difference...

[pink_eeyore]

They need to be able to physically lay their hands on something to be able to levy it i.e. they ideally should touch each item to make it clear to what they are referring and the written description must be detailed.

[Clairesey]

Just one point. Whilst replying to another poster it reminded me about cars. The DVLA only record the keeper not the owner of a car. Often this is the same. In my case it isn't. I'm the keeper but my sister is the owner, she paid for it and lets me use it in exchange for the odd trip here and there.

All the documents, eg insurance etc, being in your name does not prove ownership by any means. The Bailiff will just assume.

So are you really the owner of the car? Or did a friend or relative buy it and you have free use? Makes the world of difference...

 

Interesting point, my Dad actually bought the car, as a means to get me to and from hospital, but obviously its all registered in my partners name

[RaeUK]

Worth looking at Clairesey. Your Dad may have a Bill of Sale for the car or a receipt for the money paid. Alternatively, Hollowitch made a very good point on a similar thread [i'll see if I can find it], along the lines that the person who bought the car can go to a solicitor and make a legal declaration for £5 / £10 regarding ownership. Worth it, perhaps, to get your car back...

[RaeUK]

Try here:

 

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/233262-help-problems-csl-due.html

 

Post numbers 15 and 18...

 

Doesn't matter who the registered keeper is, they need not be the owner.

 

Rae

Edited November 19, 2009 by RaeUK
typoo

[Clairesey]

Thats absolutely brilliant, thank you so much for your guidance.

 

The more I learn about the ins and outs of the system, the more peeved I am about it all.........so unethical, bullying people down, knowing they dont know whats right and whats not, who on earth would do a job like that?? The mind boggles

 

Thanks again, now gotta break the news to my Dad, ugh

[Clairesey]

p.s Hell definately have the receipt somewhere, so no need for solicitor etc

[RaeUK]

You're more than welcome...

 

 

... wow! I've actually helped somebody!!!!!!!

[Clairesey]

So the complaints we propose are :

 

I think there are two counts we can approach the council and bailiff with;

 

1. Illegal Distress

 

My OH being the registered keeper does not meanHe is the owner. As my dad paid for it I am technically the owner. Therefore it should not have been removed as you are classed as a vulnerable adult.

 

Also as you are registered disabled and in ill health the council should not have allowed the bailiffs to attempt to take the vehicle in the first place and should have taken the debt back to be dealt with in house.

 

Part payment and proof of disability were offered to the bailiff on the day but ignored. By law proof of vehicle registration is not proof of ownership.

 

2. Irregular Distress

 

We have been given no formal notice of intention to sell the vehicle or further details on how to have it returned.

 

Therefore this levy is void and should be cancelled with immediate effect and the vehicle returned. Failure to do this would result in a claim being filed through the courts, not only for the full cost of the vehicle but for damages as well.

 

Am proposing we put this in writing to Ross & Roberts and East Devon council?? Any pointers?

 

Actually, am gonna post this on my original thread about it all....

[Nintendo Pü]

are these allowed if weve not actually signed a walking posession form??

 

No fee is due, a walking possessions agreement has to be an agreement.