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Speak to a BAILIFF Expert - £35
What is a "walking-possession"
agreement?
These are now called "Controlled Goods Agreements".
They are regulated by Regulation 6 and Regulation 7 of the Taking Control of Goods Regulations 2013. see: Controlled Goods Agreements.
Bailiffs sometimes incorrectly believe an unsigned Regulation 15 Controlled Goods Agreement is a valid means of taking control of goods. This is not true. If the bailiff leaves you with the goods
and the unsigned document, then it is called an
abandoned levy
Another person cannot sign a walking-possession
agreement on your behalf unless they act for you as
your attorney under the
Mental Capacity Act 2005 or as your deputy
granted by the Court of Protection.
If the bailiff fails to make it clear that you
are passing legal title to your goods as a security
for the debt when you sign the agreement then the
agreement may not be valid under common law because
a person signing a contract must understand and
approve the contract terms when signing it.
If the goods are taken by an High Court Enforcement Officer then the owner
of the goods recovers them by making a claim
against the CREDITOR as defendant in the county court using a
Form
N1 and if applicable a Form
EX160a. This is because paragraph 7 of the Taking Control of Goods: National Standards 2014 says creditors are responsible and accountable for the enforcement agents acting on their behalf. |