What is a Walking Possession?
A Walking Possession is a legal document signed by both you and
the bailiff that means that the items listed have now been “seized”
or, to put more simply; they have been reserved by the bailiff
so that, if necessary, they can be sold to pay the outstanding
debt if you default on a payment arrangement. Unfortunately, if
a bailiff has gained entry into your home, it is very rare indeed
that he will leave unless you have agreed to sign a Walking
Possession.
A bailiff will state that unless he is allowed to come into your home and levy upon goods that he cannot agree a payment arrangement. This is nonsense. You do not have to allow a bailiff to come into your home and you can simply refuse him entry.
Signing a Walking Possession
can provide a breathing space during which time arrangements to
pay the debt can be explored. There is no actual time limit in
which to pay the debt, it is simply a matter of negotiation between
you and the bailiff.
However, before allowing a bailiff to come into your home and levy upon goods, you really do need to be very careful indeed. A bailiff will come into the home and "levy upon goods". It is not until after he has done this that the bailiff will then agree what period of time he will allow you to repay the debt.
It is vitally important to know that strictly speaking, he can allow you as little as 5 days to pay the entire debt including his fees and you must be aware of this before allowing the bailiff into your home.
In addition, once a Walking Possession has been signed, it will be for the bailiff to decide how much you are to pay each month, and if a payment is late or missed, then the bailiff company will be entitled to charge an "attending to remove" fee to your account (which will typically be for not less that £150) and the entire debt will then become due.
Who can sign the Walking Possession?
A walking possession agreement is usually signed by the debtor
but any responsible person on the premises, including a spouse
or partner, can, in most cases make the agreement, but in relation
to Council Tax, a Walking Possession agreement can
only be signed by the person named on the Liability
Order and it must
be signed at the time
that the bailiff is levying, not
after.
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