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Problems with signing a Walking
Possession.
By signing a Walking Possession, you are agreeing that if you
do not pay the amount owed and the bailiff fees by a certain time, that the bailiff
has the right to return to your home, by forcing entry if need
be, and to remove those items listed on the
Walking Possession.
There is a daily charge for a Walking Possession that you must
pay, on top of the original debt you owe.
A bailiff may only seize goods that belong to the person who owes
the money, although any goods in the house can be seized for distress
for rent. In practice, bailiffs will attempt to seize any goods
of value. But it is important to note that the onus of proof is
on you….not the bailiff to prove
that items should not be taken. It is always a good idea to have
receipts close to hand.
We have heard many reports of bailiffs posting a Walking Possession
through the letterbox with the letter stating that he has levied
or seized goods by looking through the window, and requesting
that you sign the Walking Possession and return it to his office
or else!!! ……. Do not be tricked by this. By visiting
our Legal Cases area of our Downloads
section you will see that we have provided details of a legal
case concerning this, which can be quoted from if you are considering
writing a letter of compliant.
The major problem with signing a Walking
Possession is the additional ability it provides for the
bailiff to charge further fees. This is because the bailiff has
the right to return to your home if your default on any payment
arrangement. For this reason, within just a day or so of either
a payment being made late, or a cheque being returned as unpaid,
many bailiffs will use this as an opportunity to visit you to
say that you have broken the payment arrangement and threatening
to remove your goods. This will result in additional
van fees etc, with some bailiffs attempting to charge further
fees as well to cover administration costs for a returned cheque
or late payment and even for a “new payment arrangement”.
You do not have to agree to sign 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.
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