rossendales bailiff and ct 1992 urgent help

ragstobasics

Lock the doors from now on. If you haven't found out exactly what is going on by the time he comes back and he somehow gains entry, phone the police. At least that way you're protected.

debt_doctor

CIS wrote: »

A levy does not need to be signed , he can complete it without a signature.

Walking possession agreements

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The legal position about walking possession agreements is complex and unclear. When the goods have been seized, it has been argued that the bailiffs must impound them in order for the levying of distress to be effective. If the bailiffs do not wish to remove the goods immediately, and do not need to leave a bailiff on the premises to supervise the goods, they will ask the client to sign a walking possession agreement.

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For community charge and council tax arrears, to be valid the walking possession agreement must be signed in the presence of the bailiffs. For other arrears, it may be possible for the bailiffs to argue that it is valid even if the client signs it not in the presence of the bailiffs. It will not be valid if the client does not sign it at all.


..... also the bailiff only has a right of peaceful entry with permission - 'permission ' can include turning the handle on an unlocked door and not being challenged before a list of goods has been made.
From what you say, you asked him to leave as soon as he walked in - he refused, and was tresspassing at that point.

The bailiff does not have a valid levy, and you should keep your doors and windows locked and refuse further entry.

You should offer to pay an amount that is affordable to you, which if on benefits would start at £3.55 pw or if working would be what can be obtained via an attachment to earnings.

DD

bailiff_advise

Can you upload a picture of the warrant? If there is no court stamp or signature then dont worry about it, do not let him in again and hope you didnt sign anything.

CIS

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For community charge and council tax arrears, to be valid the walking possession agreement must be signed in the presence of the bailiffs.

A walking possession and a levy are 2 different things - the walking possession order is agreed and signed with the debtor, a levy isn't.

debt_doctor

CIS wrote: »

A walking possession and a levy are 2 different things - the walking possession order is agreed and signed with the debtor, a levy isn't.

Yes thats correct

A LEVY is the action, and then goods protected (in the custody of the law) by;

Immediate removal - that did not happen

Close possession - leaving a bailiff in charge at the property - which did not happen

Walk in possession - having a valid, signed, walk in possession agreement - which did not happen.

So the bailiff obtained nothing - and quite right too, considering that he was tresspassing.

DD