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Seizing or ( levying) of goods.
Assuming that you have let the bailiff into your home, or that
he has gained entry “peacefully”, he will then be
legally entitled go into any room in your home,where he will be allowed to
open any doors, cupboards or drawers that he likes. He will be
looking to seize (or levy) on goods,
or, to put it more simply, to reserve goods that can be left on
the premises on the understanding by you that he can return at
a further date and to use force if need be, to remove those goods
for sale in the event that you do not pay the debt owed to include
his fees.
Unlike many European countries where a bailiff may actually put
a sticker or tag on the items that he has levied (seized), the
bailiff will not mark the goods in any way.
As the bailiff would need to gain entry into your home before
seizing goods, he would much prefer to seize a car on
the road or driveway, and this is the most popular item for a
bailiff to include on a Walking Possession.
Securing of the goods (generally called impounding).
Having now seized the goods, the law
requires that the bailiff must then secure them in some way; otherwise you can simply close the door after
the bailiff has left and remove the goods to a friend or neighbors house etc. Years ago this was achieved by what is
called Close Possession which is described
in more detail under the heading on the left hand side of this page. Please note however that Close Possession is so rare that we have never yet come across
this.
Just because a bailiff has walked around your home, made a list
of goods that he has “seized”, this in it's self means
very little. For the bailiff to have the right to return at a
later date, break into the premises if need be, he must acquire
some form of legal control over the goods. This is done by impounding.
The legal term for this means that the items are now “in
the custody of the law”.
The way that this is achieved, is by listing the relevant items
that he has seized on a Walking Possession form, which you will both need to sign.
Contrary to belief, if you refuse to sign the Walking Possession…the
bailiff can still insist that he has seized your goods….but this could be difficult to prove. If the
bailiff wishes to charge a walking possession fee, there must
be a signed agreement.
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