Walking possessions fees
In order for a walking possession order to be valid and entitled to charge a walking possession fee, a bailiff must have gained peaceful entry to the property and seized goods. It is not enough for a bailiff to list items that they have seen through a window and push a walking possession order through the letterbox. The Insolvency Helpline says a bailiff placing his foot into you door to stop you closing it does not constitute peaceful entry and cannot charge you a walking possession fee.
Ask the bailiff for a refund within 7 days with this letter, and if you don’t get one, file a Form 4 complaint at the bailiffs certificating court. The judge can award you a refund and sometimes compensation from his bailiff bond.
In the Details of Complaint field on Form 4, enter the following:
| The bailiff charged me a walking possessions fee of £[AMOUNT] and I now understand that there is no entitlement to make this charge because no peaceful entry to my property was made, and the bailiff did not have any physical contact with my goods. The bailiff declined my written request for a refund on [DATE]. I make this complaint on the basis I was been defrauded by the bailiff in the meaning of Section 2(1)(b)(i) and Section 4(1)(c)(i) of the Fraud Act 2006 and I respectfully ask the court to award me a refund along with any costs allowed by the court. |
(c) 2008 Screw the Bailiff
