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A bit of a pickle

Hi all - I'm hoping for a little bit of help here as I'm in bits.

I used to have my own unlimited business (sole trader). Whilst there I signed up to a franking machine and photocopier from Pitney Bowes . I had an office that was in a business complex, but the credit agreement had my home address. The service from PB was absolutely the pits, but there you go! Time moved on and about three years ago I wound up the business and went to work for someone else. I came home one day to debt demands from PB which quickly was followed by two CCJs. These I paid off as I wanted rid. The demands for debt in this case came to my home address. This was all done and dusted two years ago and I just put it down to bad experience.

I still live at the same home address. I came home from picking the kids up from school today (I'm on annual leave) to find a Walking Possession Agreement hand posted through my door by a Bailiff relating to Pitney Bowes. Stunned I rung PB (service is still poo!!) who passed me on to their solicitors (Lester Albridge). I asked what the debt related to and they replied the lease on the franking machine. I stated that I knew nothing about this debt and thought it had been all paid up two years ago. I was told rather snottily that I can't have forgotten it and that they had sent me all the papers relevant. She also said that I had obviously moved without telling them (nope still at the same address where they stung me last time!). I suspect they might have been sending the papers to my old address.

Questions:
i) The Walking Possession Agreement does not appear to be on Court Paper (although it does quote both High Court and County Court reference numbers). What does this mean?

ii) They clearly know my home address. Is it my fault that papers have been sent to the old office address?

iii) I strongly feel that I am being shafted. Anything I can do?

Thanks for the help

Jaggers

Comments

  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    How long did you sign up for?
    How many lease payments did you make?
    What happened to the equipment when you closed your company?
  • I made three or four payments before winding up. The equipment was left to be picked up PB (they stated it would be picked up after I vacated - although I'm willing to bet it wasn't). I can't remember the length of the lease. Sorry for being a pillock!
  • Herbie21
    Herbie21 Posts: 562 Forumite
    This is very worrying.

    What is the name of the company that posted this "Walking Possession"?

    Are there any goods listed on the WP?

    .
  • Hi Herbie

    The Bailiff is Andrew Wilson & Co. There are no goods listed, it appears that he has just put the blank form through the door.

    Regards
    J
  • Bit of an update. I found out that before the case was passed to the High Court a CCJ had to be registered. Apparently this was done in mid December, registered against my old office address. I have spoken to the County Court who are sending me the forms to have it set aside. My argument being that they clearly knew my home address and that it should have been served there. Part of me feels that they deliberately served the CCJ at my old address so as I would not know anything until it was to late. They could then snatch my goods or force my hand to make payment all in one go rather that go for a repayment plan. Apparently it is imperative that I turn up for the hearing. Whether it is imperative or not, Hell I'll be there! I intend to make the point that i believe that Pitney Bowes (and solicitors) deceived the courts. I believe I have to pay a fee for the hearing. I will also look to see if I can report the solicitors the Law Society.

    My thinking is that if the CCJ has been set aside, then the case should not have been sent to the High Court and therefore the Walking Possession Agreement can not be enforced. I also want the extra fees for the Bailiff taken off the amount I purportedly owe.

    I have asked PB for all the paperwork and I intend to fight the fact that I owe them anything at all.

    Today should be interesting as the Bailiff is due back. Doors are locked, windows shut. He ain't getting in!!

    Anyone else got any views on this?
This discussion has been closed.
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