Walking Possession
What is levy, seizure & distress?
Unless you have received either a letter or visit from
a bailiff, it is unlikely that you would have heard the legal expressions; distress, distraint,
execute, levy or walking possession. These words sound very frightening,
so we will attempt to simplify them for you here.
Before a Walking
Possession can be agreed, there are a number of steps that must
first be taken.
Many bailiff companies will write to you to say they will be
calling at your home to “seize”
goods. Sometimes, they will say they want to “levy
distress” on your goods, but most bailiff companies
prefer to use the more intimidating expression to “seize”
goods…..however both mean the same.
Distress consists of three stages;
• the entry into your premises,
• the seizure of the goods
• the subsequent securing of
the goods (generally called impounding).
It is very common indeed to either receive an initial letter by
post or hand delivered from the bailiff, informing you that he
will return within a day or so, with a van, and sometimes even
a locksmith to seize or remove your goods for sale. Hopefully
by reading this part of our site, you will see that before
a bailiff can remove your goods there are legal procedures that
he must previously have taken. Please
remember, the bailiff must first have been into your home, and
seized goods before he is allowed to return to remove them....and before he can try to charge an "attending to remove" fee !!
You do not have to agree a Walking Possession. You can instead
write to the bailiff company to inform them that you are aware
of your rights and that you will not allow the bailiff into your
home. By visiting our Letters Page
in the Downloads area you can access
a letter that we have drafted that can be adapted to suit your
own particular situation.
NOTE:
We have a Help Line available on: 0906 802 0273
Please ensure that before telephoning us you read the Contact Us page
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