Bailiffs: Invalid Walking Possession?

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Revision as of 21:39, 26 December 2007 by Mbrowne (talk | contribs)

With thanks to Tomtubby

The following is another example that demonstrates that posting a Walking Possession through a door, without first entering the property can be invalid.

DAVIDSON V ROACH (1991) BRISTOL COUNTY COURT.


Background:

Mr Davidson obtained an injunction founded on an action for both trespass and wrongful interference against a company of bailiff by the name of Roach & Co.

The grounds for this were that: the bailiff had apparently tried to levy on goods by posting two notices of distress through the door.

The bailiff however had never entered the property, had not identified any goods, or taken walking possession etc.

A month later, with payment still outstanding, the bailiffs returned and removed goods that included three cars, this time posting a notice of Distress through a window.

Just before the hearing was due to take place, the firms of bailiffs: Roach & Company settled out of court apparently conceding that their actions had been invalid.


Note: There is also a similar case, by the name of Evans v South Ribble Borough Council. If you are considering writing a letter of complain or considering legal action, you may wish to refer to both of the cases.