Walking Possession Order

[ajm1]

Hi, I'm a newbie. I owe a small amount of around £300 in Council Tax & have been pursued by Rossendales. They have posted a walking possession order through my door against a car in my name. The letter says they will take impound or take possession of the car if the bill is not paid. I am able to pay the bill in 2 or 3 installments.

Can they take the car if the walking possession order is not signed by me?

(The car is in my name for insurance purposes only, but it belongs to my wife). My life wouldn't be worth living if she finds out about this... please help.
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Also, can anyone tell me if I am able to totally bypass the bailiff & deal directly with The Council? When a got into financial difficulty a few years ago, I seem to remember that I ignored the bailiff & contacted the council direct to make an arrangement.

[Amy]

Re: Walking Possession Order

(The car is in my name for insurance purposes only, but it belongs to my wife). My life wouldn't be worth living if she finds out about this... please help.

Unfortunately, a vehicle is the easiest option for a bailiff to levy on as it causes maximum inconvenience and as such usually means the debtor will pay up sooner rather than later.

If I were you, I'd keep the car somewhere else.

Although you say the car is not in your name, the onus is on you to prove ownership to the bailiffs, rather than for them to prove you are the owner. However, if you move the vehicle out of their reach this problem is solved.

Also, can anyone tell me if I am able to totally bypass the bailiff & deal directly with The Council? When a got into financial difficulty a few years ago, I seem to remember that I ignored the bailiff & contacted the council direct to make an arrangement.

Yes you can do this and you should start this as soon as possible. I assume you have a Liability Order against you?

[ajm1]

Re: Walking Possession Order

Hi, thanks for the quick reply. Unfortunately, the car IS in my name, but my wife drives it. I just want to know if they are actually able to seize it for non payment, if I haven't signed the WPO.

Yes, I have a liability order for the council tax, I've just managed to get a little cash together & would prefer to deal with the council direct.

[Amy]

Re: Walking Possession Order

Hi, thanks for the quick reply. Unfortunately, the car IS in my name, but my wife drives it. I just want to know if they are actually able to seize it for non payment, if I haven't signed the WPO.

The WPO will not be valid if it has simply been posted through your door, but as I have said above, seizing the vehicle is the easiest option for a bailiff and you should consider moving it.

Yes, I have a liability order for the council tax, I've just managed to get a little cash together & would prefer to deal with the council direct.

Write to the council and start to repay the debt. They will probably try to dissuade you from doing this directly with them if you telephone, so write to them and include a payment if you can.

[webboc]

Re: Walking Possession Order

Hi Amy

Why would the WPO not be valid if it has just simply been posted through the door?

[Amy]

Re: Walking Possession Order

Hi Amy

Why would the WPO not be valid if it has just simply been posted through the door?

For council tax debt a bailiff is not legally entitled to break in to your property, he must first gain peaceful entry. Therefore he cannot make a levy on goods he has not seen if he doesn't know you have them in the first place. Looking through a window is not sufficient.

Also, the WPO is a contract between the bailiff and the debtor - you agree to pay your debt off and so long as you make the agreed repayments he will not sell your goods that (if the WPO is valid) are legally his. A WPO should be signed by both. Some people argue that a WPO doesn't have to be signed, but I would argue against this.

Have a read of the bailiff guide here Bailiff Guide - Legal Beagles for fuller details.

[webboc]

Re: Walking Possession Order

Thanks Amy - most appreciated.