Default on walking possession

[chelle1990]

Re: Default on walking processions

The 'she' I refer to is a woman at the council. Could anyone suggest a course of action? Do i let the bailiff in and try negotiate a full payment on the 23rd? Or ignore till I can make full payment? Chandler keep referring me to talk to named bailiff so not bring entirely helpful. Thanks for the replies

[chelle1990]

Re: Default on walking processions

Tell the council what the mad muppet has done.


That would be quite impossible without first getting into the property.

As yet, it is not possible to set a transmat beam with sufficient accuracy to replace one lock with another.


If he were to take more than the (worthless) items listed in the inventory he made up, that would be an act of theft.

I meant with a locksmith, but I see your point. I was merely worried due to the bailiff suggesting the course of action previously.

Thanks for the reply

[CleverClogs]

Re: Default on walking processions

The 'she' I refer to is a woman at the council.

Do you have her name, or did you only speak with her over the electric telephone?

I still believe she may be mistaken.

Which council is it?

[chelle1990]

Re: Default on walking processions

[QUOTE=CleverClogs;400003]Do you have her name, or did you only speak with her over the electric telephone?

I still believe she may be mistaken.

Which council
R
It was over the electric phone and unfortunately I can not remember her name.

It's Swindon borough.

[bizzybob]

Re: Default on walking processions

I think this bailiff is stitching himself up like the proverbial kipper, he CANNOT come in again yet unless you let him in, he would need the council to give permission after a court has granted an order, he would then have to give a time and date for the attendance to remove with a locksmith, and you would threaten the council with a Regulation 46 complaint under The Council Tax (Administration and Enforcement) Regulations 1992 you being aggrieved by the worthless levy done by their bailiff for whom they are wholly liable jointly and severally. When he returns keep him out and use a mobile phone to film his threats through the letterbox, they will come in handy for that Formal Complaint later.

Appeals in connection with distress

46. (1) A person aggrieved by the levy of, or an attempt to levy, a distress may appeal to a magistrates' court.

(2) The appeal shall be instituted by making complaint to a justice of the peace, and requesting the issue of a summons directed to the authority which levied or attempted to levy the distress to appear before the court to answer to the matter by which the person is aggrieved.

(3) If the court is satisfied that a levy was irregular, it may order the goods distrained to be discharged if they are in the possession of the authority; and it may by order award compensation in respect of any goods distrained and sold of an amount equal to the amount which, in the opinion of the court, would be awarded by way of special damages in respect of the goods if proceedings were brought in trespass or otherwise in connection with the irregularity under regulation 45(7).

(4) If the court is satisfied that an attempted levy was irregular, it may by order require the authority to desist from levying in the manner giving rise to the irregularity.

From the Regulations http://www.legislation.gov.uk/uksi/1...lation/46/made

[ploddertom]

Re: Default on walking processions

You say you signed a Walking Possession & later say he said he had to write something down. Did he actually gain entry to your home & if so which room(s) was he in? Did he visit any other room?

[ploddertom]

Re: Default on walking processions

How much did you agree to pay & who do you pay it to?

[chelle1990]

Re: Default on walking processions

You say you signed a Walking Possession & later say he said he had to write something down. Did he actually gain entry to your home & if so which room(s) was he in? Did he visit any other room?

On the order he wrote down the sofa, arm chair and stool, I said as he walked around into the dining room that they (the sofas and dining table) the table was for another but similar debt) where not worth much but he (The bailiff) stated that he had to put something down on the form. He only walked into the living room and dining room. I let him in to do the walking possession order as I wanted to arrange a payment agreement. Thanks for your reply

[chelle1990]

Re: Default on walking processions

How much did you agree to pay & who do you pay it to?

A small amount of £25 but I had two other debts with them of £25 and £50 so ended being £100 pcm, hence why we found it hard around Christmas as we are a low income family. But when student finance comes in I was planning to clear the two loser amounts to ease finances every month.

[chelle1990]

Re: Default on walking processions

I think this bailiff is stitching himself up like the proverbial kipper, he CANNOT come in again yet unless you let him in, he would need the council to give permission after a court has granted an order, he would then have to give a time and date for the attendance to remove with a locksmith, and you would threaten the council with a Regulation 46 complaint under The Council Tax (Administration and Enforcement) Regulations 1992 you being aggrieved by the worthless levy done by their bailiff for whom they are wholly liable jointly and severally. When he returns keep him out and use a mobile phone to film his threats through the letterbox, they will come in handy for that Formal Complaint later.

Appeals in connection with distress

46. (1) A person aggrieved by the levy of, or an attempt to levy, a distress may appeal to a magistrates' court.

(2) The appeal shall be instituted by making complaint to a justice of the peace, and requesting the issue of a summons directed to the authority which levied or attempted to levy the distress to appear before the court to answer to the matter by which the person is aggrieved.

(3) If the court is satisfied that a levy was irregular, it may order the goods distrained to be discharged if they are in the possession of the authority; and it may by order award compensation in respect of any goods distrained and sold of an amount equal to the amount which, in the opinion of the court, would be awarded by way of special damages in respect of the goods if proceedings were brought in trespass or otherwise in connection with the irregularity under regulation 45(7).

(4) If the court is satisfied that an attempted levy was irregular, it may by order require the authority to desist from levying in the manner giving rise to the irregularity.

From the Regulations http://www.legislation.gov.uk/uksi/1...lation/46/made

Thanks for your reply and advice, I think I shall do this. thanks everyone for your replies. I'll let you know what happens

[bizzybob]

Re: Default on walking processions

Thanks for your reply and advice, I think I shall do this. thanks everyone for your replies. I'll let you know what happens

Use that threat as a last resort only after any complaints rejected,

[CleverClogs]

Re: Default on walking processions

On the order he wrote down the sofa, arm chair and stool, I said as he walked around into the dining room that they (the sofas and dining table) the table was for another but similar debt) where not worth much but he (The bailiff) stated that he had to put something down on the form. He only walked into the living room and dining room. I let him in to do the walking possession order as I wanted to arrange a payment agreement. Thanks for your reply

This gets worse!

The dining table and chairs are exempt from being levied upon - so that's another levy not even worth the paper on which it was written!

By the way - with this being a "walking procession agreement", are you in Belfast? :grin:

[chelle1990]

Re: Default on walking processions

This gets worse!

The dining table and chairs are exempt from being levied upon - so that's another levy not even worth the paper on which it was written!

By the way - with this being a "walking procession agreement", are you in Belfast? :grin:

Sorry about the spelling, predictive text is a nightmare

I was not aware of that. :/ why would they put it on the form if it was not able to be levied?

[MissFM]

Re: Default on walking processions

Sorry about the spelling, predictive text is a nightmare

I was not aware of that. :/ why would they put it on the form if it was not able to be levied?

Low intelligence? Ignorance of the law? Greed?

[chelle1990]

Re: Default on walking processions

Can't see it being greed, as they really are old and shabby