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INVALID WALKING POSSESSION
The following is anaother example that demonstrates that a Walking Possession posted through the door without entering the property can be invalid.
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IRREGULAR DISTRESS
This Legal Case confirms that the Bailiff must not remove exempt items, and also that it is not sufficient to write.......all other goods on the premises unless exempt...... on a Walking Possession without identifying each item.
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NON PAYMENT UNDER A WALKING POSSESSION
This Case confirms that it is legal for the Bailiff to break into your home to remove the goods listed on a Walking Possession if you default on the payment arrangements made between yourself and the bailiff.
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LEVIES BY UNCERTIFICATED BAILIFFS ARE ILLEGAL.
This is an Appeal Case where the Judge agreed that if a company employs uncertificated bailiff\'s to undertake work that requires a certificate, then the company has acted unlawfully. The Judge also confirmed that the bailiff acted illegally.
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LEVYING DISTRESS CONSISTS OF THREE STAGES.
One of the most important and well known legal cases in Bailiff Law This case makes it clear that in order to levy distress on goods, seize and impound, the bailiff must have first gained peaceful entry into the premises.
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ALERT......WESTMINSTER CITY COUNCIL
Here you will see the Ombudsmans findings about the problems with Westminster City Council\'s computer system and the recording of parking representations.The Ombudsman stated that this report should be widely publicised to provide an alert......
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PROVING OWNERSHIP OF ASSETS.
If a bailiff believes that certain goods belong to you....then he can take them. The onus of proof is on the owner of the goods.....not the bailiff, to prove ownership.
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POSTING A WALKING POSSESSION THROUGH A DOOR CAN BE
The following Legal Case is another example that demonstrates that posting a Walking Possession through the letterbox, or sending it by letter, without ever entering the property can be invalid.
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OWNER WON £6,000 OF DAMAGES AGAINST BAILIFF CO.
The owner of a car won £6,000 of damages against Drakes Group Ltd after they seized, and sold at public auction, his motor vehicle because of parking penalties incurred by the previous owner.
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WHERE IS MY CAR ?...
This is an Adjudication Ruling concerning the considerable delay before notifying TRACE that a vehicle had been removed in London. The owner thought that her car had been stolen.......
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GOODS FOR OWN PERSONAL USE.
If the Bailiff believes that you personally own goods, he can take them. If they are for your own personal use, then it is up to you to prove that nobody else has the use of these items.
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NON PAYMENT OF COUNCIL TAX....DETENTION UNLAWFUL.
This is a very interesting Legal Case from the European Court of Human Rights concerning 26 people who had been sent to prison for non payment of their council tax. The Court found that the Human Rights Act had been breached and that detention was unlawful......
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PAYING THE BAILIFF WHEN HE IS REMOVING GOODS.
This is a Court of Appeal Judgment, that confirms that if a bailiff is in the process of removing goods, then he is not under any legal obligation to accept payment until he has completed the removal.
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LIABILITY ORDER FOR AN OLD DEBT.
This is a Local Government Ombudsmans ruling that bailiffs had acted unreasonably in pursuing an old debt. In this case, the Liability Order was 4 years old.
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UNLAWFUL FOR A BAILIFF TO CHARGE A FEE TO CLAMP A
This is a very important recent Judgment as the District Judge confirmed that it is unlawful for a certificated bailiff to charge a fee to immobilise or clamp a vehicle. In addition the Judge refused to allow Marston Group to charge the debtor an attending to remove fee of £100 as the company could not prove that this was a reasonable fee.
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