If a bailiff sees something from your window

Jerryjerryjerry

and you owe council tax (waiting for the debt to go back to the council).. can he break in and take those items?

Especially if he says he's levied them. Can he levy through window?

Atom

I'm positive they have to be in your home to seize items.

hallowitch

no a bailiff cant levy through a window

did he leave a notice of seizure of goods and inventory listing the goods he has allegedly levied

the_cat

My understanding is that once levied the goods are in effect his anyway. Therefore he has the right to obtain them through the front door. In this instance there would be no need to smash and grab

Tixy

If he has never been in your property then he cannot have a levy on any possessions inside the house. He cannot levy through the window no.
If they have put a walking posession order through the letterbox to say they have levied on items he has seen through the window do not sign it and do write a letter of complaint.
http://www.bailiffadviceonline.co.uk/walking_problems.htm

Jerryjerryjerry

hallowitch wrote: »

no a bailiff cant levy through a window

did he leave a notice of seizure of goods and inventory listing the goods he has allegedly levied

Yes. Last night, he left a list/inventory and he was pretty accurate. He noted the t.v. a side cabinet, the sofa and dining chairs. He worryingly included a dining table whereas no dining table is at all visible from the window. I'm guessing he saw the chairs and guessed we'd have a table to match.

Then this morning, no nock at the door at all. But another inventory listing the car in the driveway. (paid for). (used for work by husband).

timbo58

then do as Tixy has said TODAY.
''If they have put a walking posession order through the letterbox to say they have levied on items he has seen through the window do not sign it and do write a letter of complaint.
http://www.bailiffadviceonline.co.uk...g_problems.htm''

hallowitch

EVANS v SOUTH RIBBLE BOROUGH COUNCIL (1991)



Background:
This case was an Appeal by a Community Charge payer against the decision of the Magistrates Court that had dismissed her complaint against the bailiffs that had levied on goods on behalf of her local authority: South Ribble Borough Council.

The bailiff had attended at Mrs Evans property for £341 of arrears. Mrs Evans was not at home when the bailiff visited, the bailiff then posted an envelope through her letter box containing a notice of Distress, a draft Walking Possession agreement signed by the bailiff and requiring Mrs Evan’s signature and return plus various other documents that explained the methods of payment, and the amount of the debt.

Mrs Evans did not return the Walking Possession; instead she sought legal advice about this method of seizure



In his Judgment Mr Justice Simon Brown, reviewed the law and he concluded the following:

• “Once entry is made, very little in the way of seizure and impounding is required…...but there must in the first instance be an entry (into the property), thus: "it is my clear conclusion that external inspection and posting through the letterbox is a course of action insufficient to bring about the legal consequences of Distress”

And that: the process of distress consists ofthree stages;
· the entryinto the premises,
· the seizureof the goods
· the subsequent securing of the goods (generally called impounding)

Jerryjerryjerry

He also placed in an envelope but didn't seal the envelope. Both times. Its one of those envelopes you have to lick, so that's probably why he didnt' seal.

RobertoMoir

Just to add my weight to the replies you have here

Absolutely not. This is terribly bad practice on behalf of the bailiff, creating an invalid/illegal levy.

RobertoMoir

the_cat wrote: »

My understanding is that once levied the goods are in effect his anyway. Therefore he has the right to obtain them through the front door. In this instance there would be no need to smash and grab

Well not if the initial levy was invalid/illegal.

You know, like the ones described in this thread.