JARGON BUSTING.......WALKING POSSESSION AGREEMENT

If a bailiff enters a property using peaceful entry he will normally list goods and these form a Walking Possession Agreement, the goods that have been noted now legally belong to the bailiff and can be removed at any time. The bailiff will allow these goods to remain in the property and you can continue to have use of these providing that you keep to your side of the agreement i.e. you make the agreed payments.

On some occasions a bailiff may list items that he has seen through the window or letterbox, this does not constitute a valid Walking Possession Agreement and under no circumstances if you have had one of these pushed through your door to sign should you! If a bailiff is allowed entry then it is worth remembering that once they have gained peaceful entry (let in, though an unlocked door / window) then they can come back at any point and gain entry without your knowledge / agreement.

As a rule goods sold at public auction will normally sell for around 10% of their original value. This means if you owe £100 – then the bailiff will probably try to seize goods to the value of at least £10,000.

A bailiff must only seize goods that belong to the debtor. In practice the majority of bailiffs will attempt to seize any goods to the value of the debt – it would then be up to the individual who owns the property to prove ownership afterwards.

If you have any problems with bailiffs or debts then please do not hesitate to contact me for an informal chat.

0800 4 96 95 94 or EMAIL