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Walking possession order - advice please
sinbin_72
Posts: 191 Forumite
Hello
I have a friend who is in abit of a state regarding non-payment of council tax.
The debt was passed onto a collection agency and he made an arrangement to pay £89 per month. He has since been made unemployed and has not been able to keep up with payments.
He received a letter today from a bailiff saying they will gain access tohis property with the police and locksmith on Friday if he doesnt pay the full amount of £545.
What he needs to know is whether they have the right to break into his flat with the police and take his goods.
I would appreciate any advice as I dont know what to advise him for the best. He has tried to come to an arrangement with the bailiff but they just say they want thw whole amount which he cannot pay. At the moment he cannot pay them anything.
Appreciate any help.
I have a friend who is in abit of a state regarding non-payment of council tax.
The debt was passed onto a collection agency and he made an arrangement to pay £89 per month. He has since been made unemployed and has not been able to keep up with payments.
He received a letter today from a bailiff saying they will gain access tohis property with the police and locksmith on Friday if he doesnt pay the full amount of £545.
What he needs to know is whether they have the right to break into his flat with the police and take his goods.
I would appreciate any advice as I dont know what to advise him for the best. He has tried to come to an arrangement with the bailiff but they just say they want thw whole amount which he cannot pay. At the moment he cannot pay them anything.
Appreciate any help.
0
Comments
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Hi,
Ok first question, has the bailiffs ever been inside his house ?
DDDebt Doctor, Debt caseworker, Citizens' Advice Bureau .
Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***0 -
Really grateful for your response.
The debt is from a previous address and they did gain access at that residence. A list of goods was taken down and signed.
My friend now lives at a new address and they have never been there before. Does that make any difference?
Thanks again.0 -
Hi again,
Unfortunately the walk in possession agreement still stands as your friend was not lawfully allowed to move the goods, therefore they can 'track down ' the goods anywhere.
They do have a right of entry. Most bailiffs do NOT want to seize goods as they fetch very little at auction. In the circumstances your friend could offer £ 5 per week as I doubt he could afford any more, but the goods are at risk.
Sorry.
DDDebt Doctor, Debt caseworker, Citizens' Advice Bureau .
Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***0 -
So, it is probably best of him to allow them access on Friday and let them remove good...he doesn't have much to take anyway, in the hope that they will accept a repayment plan on the day. Have I understood this correctly?
You've been such a help as I wasnt sure about the seperate address issue. Under normal circumstances I would have advised him not to allow them access.0 -
Yes they have a right of entry. The only reason that the police MIGHT attend is to prevent a breach of the peace. Its either they accept your friends offer or the remove the goods. If they seize goods then he could apply to local charities to help with replacement.
Good luck
DDDebt Doctor, Debt caseworker, Citizens' Advice Bureau .
Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***0 -
Hiya Sinbin
My first ever ever post to MSE! (Have been a lurker for a while now and too nervous to post).
I sympathise with your friend. I was in a very similar situation but I was advised to do this. Get your friend to contact the council asap - tomorrow am - explain situation circs that led to no payments etc etc and ask if they would agree to 'take the debt back'. If they agree then the bailiff will pass the debt back. Would ahve to be prepared to lay out full circs and realistic offer of payment but worth a shot?
Best of luck to your friend
PigletLBM Nov 07Challenges: A Payment A Day Challenge 2012 Joined 08.03.12PADding Total:March £57.65 April £10.10DFWNerd - 1041-Proud to be dealing with my debts!Pesky CC March 2012 £2916.73:eek:Debt@March 2012 (inc OD) £5615 DFD self imposed target Feb 20140 -
Thanks Debtdoctor and Piglet
You've both confirmed a few things that Debtline hinted at but the situation is much clearer now.
My friend has gone home now and is much happier about the situation. He has an interview tomorrow and I really did feel so sorry for him.
You're a nice bunch of people on here and youve no idea how appreciated your help is. You've made someone much ahppier and maybe he will get a good nights sleep tonight for his interview tomorrow.0 -
Keep us updated sinbin - your friend is going to have a worrying few days I know but there are people on these forums that have given some amazing support and advice
LBM Nov 07Challenges: A Payment A Day Challenge 2012 Joined 08.03.12PADding Total:March £57.65 April £10.10DFWNerd - 1041-Proud to be dealing with my debts!Pesky CC March 2012 £2916.73:eek:Debt@March 2012 (inc OD) £5615 DFD self imposed target Feb 20140 -
Will do. Thanks again.0
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Looks like you have got some good advice.
Because this isn't really a question on bankruptcy, I'll move this thread over to the Debt-Free Wannabe board in a second as there may be people there who can add to the advice already given.
Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0
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