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

JARGON BUSTING.........WRIT OF FIFA!

Writ of FiFa is derived from the Latin term “fiery facias” and forms part of the law of execution; this is another solution after a judgment has been issued. A Writ of FiFa is the High Court equivalent of a Warrant of Execution, but unlike a Warrant of Execution it does not require any notice to be given. County Courts do not have the authority to issue these Writs. It is an order to the authorised High Court Enforcement Officer to seize assets and sell the possessions of the debtor to enforce the money judgement whether that be commercial or residential premises.

The minimum amount a Writ of FiFa can be issued for is £600. Court Fees and Statutory Interest may also be added to the original Judgement once the Writ of FiFa has been issued.

Once a Judgement has been issued and remains unsatisfied a Writ of FiFa may be issued without notice to the debtor, once the petitioning creditor has paid a fee.

A High Court Enforcement Officer is allowed to enter premises to levy execution. However, as with all bailiffs they are not entitled to enter domestic premises where they are denied permission to enter BUT the High Court Enforcement Officer is allowed to enter by “peaceable” means – through open windows, unlocked doors etc. Commercial premises are different and they are allowed to gain entry (peaceable or not) as long as the residential property is not connected i.e. multi-use (pubs etc). Upon lawful entry into the premises any internal doors, cupboards or windows may be broken in order to execute the Writ.
On the rare occasion that entry is unlawful, the sale of goods collected IS lawful and therefore will be sole to execute the judgement. The High Court Enforcement Officer would / could be pursued by the debtor for trespass.

If you would like further information about Writs of FiFa then please do not hesitate to get in touch for an informal chat.

0800 4 96 95 94 or EMAIL

KNOCK, KNOCK! THE BAILIFFS ARE COMING.........

Yesterday seemed to be the day that everyone was having problems with BAILIFFS! I was inundated with calls from people worrying that they’d had a letter from a bailiff firm or that the bailiffs were calling. Understandably they were all worried!

The thing with bailiffs is to remember that they have no real power and that you do NOT have to let them in, no matter what they tell you! If they do turn up don’t panic, stay calm and speak to them outside (closing the door behind you) or from a window. Don’t be intimidated by them.

If you are having problems with bailiffs and would like some friendly advice then give me a call on:

Freephone 0800 4 96 95 94

Or Email LUCY