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:
NAME OF BAILIFF OR AUTHORITY
FAO The Data Protection Officer
ADDRESS LINE 1
ADDRESS LINE 2
ADDRESS LINE 3
Re: YOUR NAME + ANY REF: Refund of Walking Possessions Fee £0.00
I write asking you to deliver to me at the above address a refund of the walking possessions fee within seven days from the date of this letter.
Your bailiff is not entitled to charge me a walking possessions fee because no peaceful entry to my property has been made.
For the avoidance of doubt, please take notice that in your failure to furnish me with the aforesaid refund, I will automatically file at court a Form 4 complaint on the grounds of defrauding me with your fees committing an offence under Section 2(1)(b)(i) and Section 4(1)(c)(i) of the Fraud Act 2006 and you may become liable for criminal prosecution.
This document is delivered by Royal Mail and I deem it to be served on you by the ordinary course of post in the meaning of Section 7 of the Interpretation Act 1978 and therefore your responsibility this letter is handed to the relevant person within your organisation.
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.
With thanks to 10010001