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 Do walking possession agreements have expiry date ?

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T O P I C    R E V I E W
rich1972 Posted - 10 April 2011 : 12:55:17
me and my wife went bankrupt on 8/4/2011 we have a council tax liablity for last year (2010/2011) and also my wife signed a walking possession agreement last september (unknown to me) she was making payments of 180 pounds a month until we got a visit from bailiff (rossendales) saying they wanted the whole remaining balance as they hadnt recieved a signed agreement about paying monthly. We included the debt on our bankruptcy. I phoned the council and they gave me the impression that the debt would be cleared...but then the lady at the official recievers says it might not be?? cant seem to find any info thats relevant to me on forums.
does anyone know if walking possession agreements have an "expiry date"? the things on it were very low value..(app 800 pounds to replace brand new) can the bailiff still come and remove them if the debt with the council is in the bankruptcy? and charge me all the associated fees?? (all the bailiffs fees were incurred before the bankruptcy)
any help would be appreciated thanks
15   L A T E S T    R E P L I E S    (Newest First)
rich1972 Posted - 13 April 2011 : 21:25:50
thats only half the story too!...and the CAB werent much help until i just scraped in to qualify for the legal services thing...now the family credit has just gone up and now im pretty sure we dont qualify! oh well no point worrying about stuff...what good will that do lol i was worrying about debt before the BR even though i dont think i'll be better off in the short term i know in 3 years i'll be in no debt...guess many people cant say that nowadays...
Niobe Posted - 13 April 2011 : 12:30:25
You were very unlucky then Rich - the vast majority are polite and just doing their job as stated before.

Give CAB a ring, they'll be able to help you.

Double, double toil and trouble;
Fire burn, and cauldron bubble.

Jan
xx
rich1972 Posted - 13 April 2011 : 11:52:02
aly i would try that bailif advice online re that walking possession that you did not sign i'm not sure its a massive grey area
rich1972 Posted - 13 April 2011 : 10:27:54
sorry but the one i.ve had to deal with was patronising...wouldnt answer my questions...spoke over me and the CAB advisor. Plus the value of goods he levied were not even half the value of the debt brand new! Plus they are good at ignoring letters unless its ones they are obliged to answer
welshaly Posted - 13 April 2011 : 08:45:11
but if i was not in and havent signed the liability order disstress is it valid
Skippy Posted - 13 April 2011 : 08:38:43
I agree with Jan regarding bailiffs - they aren't driven by greed and they have strict rules to work to.

The link that Jan has posted has all the information regarding bailiffs, so have a look at that.

View my blog at http://skippy13.blogs.iva.co.uk/

Only when the last tree has died, the last river has been poisoned and the last fish has been caught will we realise that we cannot eat money.

Last IPA payment made on 28th June 2010 - it's over at last!
Niobe Posted - 13 April 2011 : 06:34:58
They will find out about car details from the DVLA, and this is from the Directgov website about bailiffs and debt collectors:

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/DebtsAndArrears/DG_10034289

If a bailiff has a court order or a distress warrant then they can enter your property. There are certain occasions when they can do so by force.

Baillifs aren't driven by greed, they are employed by whoever the company is that you owe money to and the vast majority are very pleasant - they are just doing a job. They can only earmark, or take, goods to the value of the sum owed.

Double, double toil and trouble;
Fire burn, and cauldron bubble.

Jan
xx
rich1972 Posted - 12 April 2011 : 23:34:50
yeah i know how you feel my wife is scared to death of the doorbell...nice of them to make people feel like that. unsecure in their own homes...dont forget your not obliged to speak to anyone on the phone and you dont have to let a bailiff in no matter what...i still dont know whats gonna happen to us re this liability order but hell im not goin to worry...why should i? BR is a legal debt relief so dont feel bad ok
i couldnt be a bailiff they are just driven by greed...im off to bed now so hopefully someone else with a bit of knowledge will jump in an offer some advice ill check back tomorrow...and for the record please dont worry about the hearing itself, the staff at the court were very understanding and sympathetic, from the clerk to the judge, i wouldnt say it was pleasant (when is going to court pleasant!) but we were made to feel at ease an never once felt like we were judged or treated like 2nd class citizens, unlike when you speak to "enforcement" companies...i wish you the best :-)
welshaly Posted - 12 April 2011 : 23:24:28
they are nasty i hate ringing them they wanted 200 a month i couldnt afford that so im at court 26 april to go br i just want it over with and be able not to jump or panick when the door rings or the phone rings
rich1972 Posted - 12 April 2011 : 23:18:07
oh right yeah i think they can do that...im sure they can find out from the DVLA or might have just guessed? sorry im really not an expert
have a look at this link
http://www.bailiffadviceonline.co.uk/walking_seizing.htm
i read it as you both need to sign for it to be valid...my wife signed ours while i was out...i wouldnt have let him in...but ours just lists a few (mainly worthless) items in the house
welshaly Posted - 12 April 2011 : 23:12:13
they put my car that was parked outside my house down but i didnt sign it and how did they know it was my car
rich1972 Posted - 12 April 2011 : 23:09:38
hi aly well your not alone re your probs with council tax and bailiffs so try not to worry too much...im no expert dont know if my outgoings were right either! but the court judged us bankrupt so just have to wait and see....some people on here know loads more than me im just sorta quoting from what ive read on the net...do you qualify for legal aid? you can go on the legal services commission website and fill out the short eligibility form...
welshaly Posted - 12 April 2011 : 22:49:47
yes it is council tax dedt off to cab for them to check my br forms but i dont think much of them i get more joy and understanding on here i have posted my outgoings on here if you wouldnt mind looking at thanks im a single parent with a daughter in full time collage thanks rich1972
rich1972 Posted - 12 April 2011 : 22:49:38
did you let them in? if they just posted it through your letter box then im sure its not valid...try not to worry...no one seems to know the law 100% i was fretting about it for a couple of days but the stuff they wrote down is worthless anyway! like i say if you have never let them in the house and they havent levied on a car you shouldnt have a walking possession anyway...thats as far as i know...you could try ringing the number at http://www.bailiffadviceonline.co.uk/ they seem in the know...its a pay to call line so dont keep them on too long though
rich1972 Posted - 12 April 2011 : 22:43:51
yeah we included it in the BR but the recievers office told me i had to sort it with the council...the liability order thing seems to chuck a spanner in the works and i just seem to be getting conflicting advice whether or not my debt to the council will be wiped! still waiting to hear from the council...dont bother writing to rossendales i wrote and emailed them last week regarding our walking possession agreement and they havent written back...if u look through other forums they are quite good at this...deal with the council if its council tax debt as rossendales are representing them and therefore accountable..at least the council write back! good luck

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