Walking Possession

[Swingletree]

A couple of questions just related to walking possessions (WP)

(1) Am I correct in thinking that value of goods listed on a WP should more than cover the amount of the debt.

(2) If the goods listed on a WP are taken away and sold and do NOT cover the amount on the debt then Bailiffs cannot not go back and write out another WP to cover the reminder of the debt. Is the original debt then wiped clean?

(3) What sort of value would be needed from the goods taken (and listed on a WP) be required to cover a debt of say £500 . Is there a percentage figure I could use.

(4) If there is little value of goods found on a WP inspection, what is likely to happen to the debt. In the event of a CT debt would it be returned to the council?

Thanks

[Amy]

Re: Walking Possession

(1) Am I correct in thinking that value of goods listed on a WP should more than cover the amount of the debt.

Yes, but it should not be excessive. However, if the only possession worth levying at the property is a Monet painting, then this would be not be classed as excessive.

(3) What sort of value would be needed from the goods taken (and listed on a WP) be required to cover a debt of say £500 . Is there a percentage figure I could use.

It would depend on what goods are contained in the house. A plasma TV, for example, would probably cover it.

(2) If the goods listed on a WP are taken away and sold and do NOT cover the amount on the debt then Bailiffs cannot not go back and write out another WP to cover the reminder of the debt. Is the original debt then wiped clean?

(4) If there is little value of goods found on a WP inspection, what is likely to happen to the debt. In the event of a CT debt would it be returned to the council?

This answer covers (2) and (4). If there aren't any goods of value at the property, then, in the case of council tax debt, the debt must be marked as Nulla Bona and returned to the council. This will not cancel the debt because Council Tax debt must be paid. It would be up to the council on how best to proceed to recover the debt.

Of course, bailiffs are unlikely to return a debt as Nulla Bona to the council because this would mean they would not earn money from the fees added, which is why bailiffs levy on things like doormats.