walking possession order

[george73]

hi all, well i stupidly let in the bailiff's, and they made a walking possession order against me, wich includes items that dont belong to me, and the fridge/freezer and washing machine, my partner has receipts for most of the items on the list, how can i stop them removing these items?,the debt was for council tax, any advice much appreaciated :tinysmile_hmm_t2:

[bluebottle]

Re: walking possession order

Did they use any threats, intimidation, physical force or deceit in order to gain entry? Did they put their foot in the door and/or push against the door to prevent you closing it? The levy on items that do not belong to you are invalid as they can only levy on and seize goods belonging to the debtor named on the Liability Order. The fridge/freezer is exempt as it is used for food storage. The washing machine may be exempt, especially if you have a young baby or toddlers. Who owns the fridge/freezer and washing machine?

Which local authority and which bailiff company is involved, please?

[george73]

Re: walking possession order

i tried to arrange payment over the phone, but was told they could only set up instalments if a bailiff visited my house, as i have never had any previous experience of dealing with bailiff's i let them in, i do have 3 kids, and a 1year old living with us, how do i go about stopping them taking the goods?, i have pointed out that the items dont belong to me, and the bailiff insists he can take them anyway, he is due at 5pm tonight!, cardiff county council, and swift are the bailiffs, thanks

[ploddertom]

Re: walking possession order

Are you on Benefits? Anyone in the household ill or disabled?

How much do you owe as confirmed by the Council? Can you list the items seized exactly as described on the Notice of Seizure?

[george73]

Re: walking possession order

we are on working tax credits, 1151 is owed, and the listed items are, sofa and reclining chair, black sideboard, coffee table, dining table and 4chairs, tv, wich my partner has receipts for, fridge/freezer, dishwasher, washing machine

[ploddertom]

Re: walking possession order

Sorry for the questions but does the Liability Order relate to a time when you both lived together or singly?

[george73]

Re: walking possession order

only my name is on it, she moved in after

[bizzybob]

Re: walking possession order

If the tommy two stroke bailiff removed the table and chairs the sofa and reclining chair, would there be sufficient seating to seat the whole family? If not he cannot take all the seating does the sofa and chair have the ORIGINAL fire retardent information tags attached? If not the bailiff could not lawfully sell them.

Now no disrespect to your partners goods, even if the baiiff could remove them, and arguably the fridge freezer and washing machine would be exempt if you have children, there can only be the conclusion that the goods that he could Lawfully remove would be insufficient if sold at auction, to pay cost of removal ALL FEES, and a portion of the debt. We can therefore conclude that the bailiff levied goods solely to garner fees for himself.

You may have to contact the council and inform them you are aggrieved by the levy on exempt and third party goods by their agent Swift for which they are wholly liable, so as there is no legal compulsion to deal with or even speak to a bailiff, you will pay them direct.


Other Beagles:beagle: will be along with further advice soon, but you have sufficient evidence to submit a Formal complaint to the Head of Revenues, CEO, Elected Leader and copied to your MP regarding the levy.

[ploddertom]

Re: walking possession order

only my name is on it, she moved in after

In that case if this was for a time when you were solely responsible he cannot under any circumstances seize goods belonging to someone else. You will however need to provide proof of this.

[george73]

Re: walking possession order

so if he turns up tonight and tries to remove these items, how do i stop them?, throw them out, set the dogs on them, call the police??

[CleverClogs]

Re: walking possession order

Do not let the bugger get in.

Keep the doors and windows locked, barred and bolted.

[bizzybob]

Re: walking possession order

so if he turns up tonight and tries to remove these items, how do i stop them?, throw them out, set the dogs on them, call the police??

As per CleverClogs, do not let him in and hide any car a good way away, he may spout about police, locksmiths forced entry, and all sorts of things he cannot do right now, even with the potenially void in fact IMHO it is a void levy, so film him through the letterbox even with a mobile phone to capture his threats and bluster, it will come in handy for evidence when you send in a Formal Complaint.