Walking Possseion order

bakerslad

After calming down a bit I have just read what the bailliffs pushed through my door
They have a walking Possseion order. With a levy on a car that is not mine
I haven't signed it or let the bailif in
What should I do I have drafted the letter stating that I intend not. To let them enter and enter in a payment program

Thanks for any answers

bakerslad

I park in a communal car park and have hp on my car
Also as stated in the draft letter do I send a token payment via cheque
As indicated with my proposed payment plan and if I do and they cash it is that them accepting my payment plan
Bakers (

Asbestross

Hi Bakerslad,

Have they ever entered your property previously, regardless if you were there? If not their walking possession order is invalid. I've heard of sneaky tactics that they employ, did they push this through the door overnight?

Is this in relation to a debt which you are aware of?

All the best

bakerslad

They posted it through the door with a letter of collection of goods while I was out
It is for council tax. I haven't let the bailliffs in or opened the door to them
I have phoned the company and they say they won't take anything less than the full amount which I am in no postion to do
Is the walking posstion notice valid if I do not sign it???
My car is on hp. I have informed the bailiffs and the council of this
Via email and will be posting a hard copy with a photo copy of the hp agreement. And a payment plan that I propose so I may clear the debt

What else should I be doing

Bakers

Asbestross

If the walking possession order has no signature on it, and was posted without an envelope through your door then it is invalid, and also they have breached Data Protection Act by doing so. Whilst I wouldnt usually advise this normally, I think the best thing to do is ignore all correspondence from the bailiff. Submit a formal complaint to the bailiffs office, that they have levied a neighbours car, made a WPA by looking through your windows and prior to this made no efforts at contact you. If you have spoken to the bailiff direct, then also state he was verbally abusive. Put this in writing, along with your payment proposal and send both to the company and the council as well.

This will delay the bailiffs visiting you for at least a week while the complaint is investigated. In the meantime, if you can make a payment to the council direct as a token payment.

Whatever you do, keep your doors and windows locked. Close your curtains and check the identity of any callers before you answer the door. At least until you have had further word from the bailiff company / council.

Good luck, and keep your chin up

hallowitch

If the walking possession order has no signature on it, and was posted without an envelope through your door then it is invalid,


A walking possession agreement does not have to be signed by the debtor neither does not not putting it in an envelope make it invalid

yes the bailiff may be in breach of the data protection act (and the councils own contract/service level agreement ) but it does not make the WPA invalid

what makes this wpa /notice of seizure invalid is that the car does not belong to the debtor

bakerslad

thank you both
i have drafted a letter using the template stating that they will not gain entry to my property
now do i send a cheque for my proposed amount to the bailiff or do i use the councils online payment system and let them know in the letter
— cheers
baker

i have also added that the car is on hp and will be sending documentation of this





To: Bailiff Company
Dear Sirs,
Re: Account reference.
I refer to your letter dated (enter date) informing me that your company have been instructed by (enter local authority) to enforce a warrant/liability order etc against me, in respect of (a parking charge notice/council tax etc).
In your letter, you state that you will be visiting/returning to my home to (seize/auction etc my goods.) unless full payment of (enter amount) is made by return.
The purpose of this letter is to advise your company that I am aware of my rights, and that I will not allow a bailiff to enter my home peacefully to levy on my goods.
I would like to make it clear that I am not refusing to pay this debt, but I am unable to pay the entire debt at this present moment. Instead, I would like to offer to repay this liability by way of monthly payments of (enter amount) which as you can see from the enclosed income & expenditure, is the maximum amount that I could afford each month. I would be grateful if consideration can be given to accepting this proposal, and as a gesture of good faith, I am enclosing a first payment of (enter amount).
I am aware that under the Council Tax Administration & Enforcement Act 1993 (as amended), you can charge a first visit fee of £24.50 and a second visit fee, if necessary, of £18.00. No further visit fees can be imposed.
OR
I am aware of the fees and charges permitted by your company as provided under the Enforcement of Road Traffic Debts. (Certificated Bailiffs) (Amendment) Regulations 2003.
I would be grateful if you could confirm receipt of this letter and confirmation also that (payment terms have been agreed. I am copying this letter to my Local Authority. (ensure that you keep a copy)
Yours Faithfully.

hallowitch

I assumed from your previous post on the council tax thread that you were dealing with bailiffs collecting council tx

can you confirm what debt they are enforcing parking ticket or council tax as this makes a difference

bakerslad

yes it is the council tax
thanks

hallowitch

I am aware of the fees and charges permitted by your company as provided under the Enforcement of Road Traffic Debts. (Certificated Bailiffs) (Amendment) Regulations 2003.
I would be grateful if you could confirm receipt of this letter and confirmation also that (payment terms have been agreed. I am copying this letter to my Local Authority. (ensure that you keep a copy)
Yours Faithfully.

ok you don't need this


and you send the letter to the council

if you send the letter & cheque to rundels they will deduct there fees first (legally they they are allowed to do this) they will also take the unlawful fees (the notice of seizure fees) i whodunit bother with the cheque i would pay the council on-line

before you send the letter can you confirm you have checked the bailiff register to see if the bailiff who done the levy is certificated to rundeles ?

could you also list the outstanding balance due to the council and fees charged as written on the notice of seizure
http://certificatedbailiffs.justice.gov.uk/CertificatedBailiffs/

I would like to make it clear that I am not refusing to pay this debt, but I am unable to pay the entire debt at this present moment. Instead, I would like to offer to repay this liability by way of monthly payments of (enter amount)to be paid by the end of each calender month by standing order only which as you can see from the enclosed income & expenditure, is the maximum amount that I could afford each month. I would be grateful if consideration can be given to accepting this proposal

bakerslad

cheers hallowitch
sorry didnt see your posts on other thread

but this is what ive got so far



Rundles
53 northampton rd
market harborough
leicestershire
LE16 9HB

12/10/2012

Dear Sir/Madam,
Re:

I understand Medway Council has appointed you to recover my Council Tax Liability arrears for 2012 of £1149.35

Firstly I would like to make you aware that I am fully aware of my rights and you will not gain entry to my home under any circumstances to levy goods and I know the fees allowed under statute and when these fees can be applied.
Also Such tools, books, vehicles and other items of equipment as are necessary for use personally in employment, business or vocation”.
Could you please note that, although I have the use of a motor vehicle, this is however this is not owned by me and is on a hire purchase agreement As evidence, I am providing photocopies of the hire purchase agreement
Could you please note that I am employed as traveling merchandiser for
fds fieldforce marketing!
94 - 104 John Wilson Park

United Kingdom



and that my vehicle is for my own use personally in my employment/business. As evidence of this, I am providing photocopies of my car insurance


For the reason stated above, if your company attempts to seize the above vehicle and/or charge me additional fees to do so, I will consider making an official complaint about your bailiff’s conduct to both the County Court and the Local Authority that instructed him.

Due to my circumstances I am unable to pay this in one payment. I advocate a payment schedule of 12 months with 12 months payments at £95.78. I understand this may seem a long time but this is a realistic offer that is affordable to me and will allow me to pay future bills issued for Council Tax without them falling into arrears. A greater amount would cause me real and actual hardship.

I am able to pay the above amount by the end of each month, as an act of good faith I have made a payment to the medway council online payment system of £50 ref xxxxx Please advise how you would like future payments made. My personal preference is payment by Standing Order.

It should be noted that I am not at any point refusing to pay this debt but only asking for a fair payment period considering my circumstances. And if you are unable to accept my offer I will place the money aside each month until such a time the council take the account back into their management, when I will make payment of the set aside money to the council.

Please also send an itemised statement of account that clearly shows what charges have been added and what for, you are required in statute to supply this information and I look forward to this within 14 days.

I am sending the council a copy of this letter and requesting that it be filled with my account for further reference.

I hope the above meets your approval and I look forward to your timely reply by letter.

Sincerely yours,