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What is a Walking Possession Agreement?

Debt is an issue everyone faces, and if you have been dealing with debt for any period of time you know that it is hard to come to an agreement with your creditors after you have passed the various early stages of repayment. When this happens, your creditors may resort to using a bailiff to collect the debt. Bailiffs will use any means available to recover what you owe your creditors, including seizing property and selling it at auction to gain money to repay your debt.

When a creditor opts to use a bailiff to regain the money you owe them, they will issue an order that sends the bailiff to your home. You will be notified that a bailiff will be visiting your home but you do not have to legally let them into your home. If you do decide to let the bailiff into your home, you may be able to negotiate a payment plan with them that your creditor will accept. This is not always an option, and since you have allowed them into your home the bailiff has the right to compile a list of goods and possessions that they can legally seize to sell at public auction to repay your debt.

The bailiff can take your property with them right away and you cannot legally stop them from doing this. However, many bailiffs will leave the items in your home under a walking possession order. This means that the goods have technically been seized to repay your debt but the bailiff is leaving them at your home until a later time. You are allowed to continue using your property, but you are not allowed to dispose of or sell them if they are listed on the bailiffs walking possession order. The bailiff can come back at any time to retrieve the items.

  • A walking possession order is a last ditch effort to come to a repayment agreement between you and your creditor and you will have to sign the order before the bailiff leaves your home. If you miss making an agreed payment, you will have broken the walking possession order and the bailiff will return to seize your property (those items listed) and take it away. You will receive a letter warning of the seizure. This gives you a chance to get the payments caught up.
Normally a bailiff is not allowed to force their way into your home although they can enter your home through an unlocked door or window without your permission. Walking possession agreements on the other hand gives them permission to force their way into your home. They can push past you if you open the door for them or stop you from closing the door on them by placing their foot in the way.

If you receive a letter that tells you to expect a visit from the bailiff or threatening you with bailiff action, it is advisable to get legal consultation to keep the matter from progressing any further. You are liable for any fees the bailiff charges and this can make your debt problems even worse if you do not take action quickly.
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