walking possession from jacobs

[queen8itch]

hello every 1,
i have had some money problems this year and could not afford to pay my council tax bill. jacob`s bailiffs have posted a walking possession through my door, they want to remove my car, which i need for work and my daughter`s medical appointments. the car is in my name, however, it is still on finance and i`m still paying for it. i have been in touch with the council, as i have just started work with a better pay and can afford to make payments. they refused to discuss this matter with me as it is now in the hands of the bailiff. i have since started parking my car elsewhere. is there anything else i can do to solve this matter. i`m a single parent and find talking to people of authority difficult. thankyou.

[Sapphire]

Re: walking possession from jacobs

Try not to worry, one of our people thats very knowledgeable about bailiffs will be along sometime over the weekend. I've flagged this up for attention for you.

[Amy]

Re: walking possession from jacobs

hello every 1,
i have had some money problems this year and could not afford to pay my council tax bill. jacob`s bailiffs have posted a walking possession through my door, they want to remove my car, which i need for work and my daughter`s medical appointments. the car is in my name, however, it is still on finance and i`m still paying for it. i have been in touch with the council, as i have just started work with a better pay and can afford to make payments. they refused to discuss this matter with me as it is now in the hands of the bailiff. i have since started parking my car elsewhere. is there anything else i can do to solve this matter. i`m a single parent and find talking to people of authority difficult. thankyou.

A walking possession order posted through your door is not valid.

A vehicle is an easy target for a bailiff as it causes the most upset to the debtor and therefore usually results in a payment. Therefore you are wise to keep your car out of their way. Have you informed the bailiff that the vehicle is on finance?

You need to complain to your council about the fact that the bailiff has posted a walking possession through your door - they know full well this is not allowed and the fact that the account is now with a bailiff does not make the council any less liable for their actions. The council employ the bailiffs, so they are liable for their conduct.

Do you know how much the bailiff is charging you so far in relation to what you actually owe in council tax?

[frisp]

Re: walking possession from jacobs

Av a read here - someone with similar probs

urgent advice with rossendales required ( 1 2)

[queen8itch]

Re: walking possession from jacobs

thankyou sapphire. i look forward to hearing some advise on this matter

[queen8itch]

Re: walking possession from jacobs

A walking possession order posted through your door is not valid.

A vehicle is an easy target for a bailiff as it causes the most upset to the debtor and therefore usually results in a payment. Therefore you are wise to keep your car out of their way. Have you informed the bailiff that the vehicle is on finance?

You need to complain to your council about the fact that the bailiff has posted a walking possession through your door - they know full well this is not allowed and the fact that the account is now with a bailiff does not make the council any less liable for their actions. The council employ the bailiffs, so they are liable for their conduct.

Do you know how much the bailiff is charging you so far in relation to what you actually owe in council tax?

the charges upto date are £180 approx. that does not include the £12 per day fee they are charging. the walking possession order was posted through my door on the 21st September.

[Guest]

Re: walking possession from jacobs

Posting a Walking Possession Order through the door is unlawful, according to both Davidson v Roach [1991] and Evans v South Ribble Borough Council [1991] where in both cases, the latter being a Court of Appeal case, the Walking Possession Order was found to be invalid precislely because it had been posted through the door.

In the latter case Mr Justice Simon Brown reviewed the law and he concluded that "Once entry is made, very little in the way of seizure and impounding is required...but there must in the first instance be an entry [into the property], thus: it is my clear conclusion that external inspection and posting through the letterbox is a course of action insufficient to bring about the legal consequences of Distress.”

The former case resulted in an out of court settlement after Mr Davidson obtained an injunction founded on an action for both trespass and wrongful interference following the seizure and removal of three cars over which the bailiffs had not previously obtained lawful distress.

The bailiffs certainly know of these cases but they hope that you do not. I would remind them, along with the local authority, since they are vicariously liable for the actions of their agents.