Bailiff Letter

Insomniac666

Hi all, just got home lovely traffic.. right here goes novella number 2!!

Car is through Welcome Finance, we've had it just over a year, and got 3 more years left on the finance agreement, we're definately at the stage if we miss payment they threaten to take it back, because I missed a payment when i was away. So i think thats safe..

I have a few letters from them one asking for £511 came today, one from Saturday for £194 (that was the balance, because they thought the cheque my wife sent had cashed They've since charged £30 for the bounced cheque so that how the £511.26 comes.)

However before this we only got the Distress notice which reads as follows (sorry i'm repeating):

Total per Order - £287.26 (C.Tax Arrears)
Visit 1 - 20/08/09 - £22.50
Visit 2 - 24/08/09 - £16.50
Costs- Levy Fee - £30.00
Walking Possesion - £125.00
Total £481.26

Since had £30 charge for bounced cheque.

at bottom of this carbon copy there is a box titled Form of Walking Posession, this is not signed or dated.

On the Inventory of Goods the car is listed.

Insomniac666

RAS wrote: »

Whre you living in the house?

We had vacated the property as a sale was going through, which then fell through after the company tried to screw us out of £20k, by then we had entered a new tenancy agreement..

We had queried the amount previously with the council then it went quiet, then months later we had this Distress notice.

RAS

The situation regarding the car is now urgent as they can take it away if you do not pay. it also means they can charge additonal fees.

I am going to recommend that you either need to get hold of CAB urgently, speak to one of the debt charites or pay the cost of trying to get hold of Herbie21 on www.bailiffadviceonline.co.uk

Alternatively try and pm Herbie21 and she will come and help you on-line.

Insomniac666

RAS wrote: »

The situation regarding the car is now urgent as they can take it away if you do not pay. it also means they can charge additonal fees.

I am going to recommend that you either need to get hold of CAB urgently, speak to one of the debt charites or pay the cost of trying to get hold of Herbie21 on******** (am goig to check the linkso do not use it at the mo.)

Alternatively try and pm Herbie21 and she will come and help you on-line.

I'll see if she's online... she's offline at the moment so should I just send her a pm?

RAS

PLEase can you remove that link from the quote as it is wrong.

RobertoMoir

Insomniac666 wrote: »

Hi all, just got home lovely traffic.. right here goes novella number 2!!

Car is through Welcome Finance, we've had it just over a year, and got 3 more years left on the finance agreement, we're definately at the stage if we miss payment they threaten to take it back, because I missed a payment when i was away. So i think thats safe..

I have a few letters from them one asking for £511 came today, one from Saturday for £194 (that was the balance, because they thought the cheque my wife sent had cashed They've since charged £30 for the bounced cheque so that how the £511.26 comes.)

However before this we only got the Distress notice which reads as follows (sorry i'm repeating):

Total per Order - £287.26 (C.Tax Arrears)
Visit 1 - 20/08/09 - £22.50
Visit 2 - 24/08/09 - £16.50
Costs- Levy Fee - £30.00
Walking Possesion - £125.00
Total £481.26

Since had £30 charge for bounced cheque.

at bottom of this carbon copy there is a box titled Form of Walking Posession, this is not signed or dated.

On the Inventory of Goods the car is listed.

I'm sorry. Let me just ask because I've had a beer and can't quite trust my eyes.
Did they really charge you £125 for the walking possession, and then post one through your door unsigned?

DO NOT SIGN THE WALKING POSSESSION. Don't lose it either. Things are about to get interesting, but not I should think in the way the bailiffs will enjoy.

I agree with RAS' suggestion to bring Herbie in on this, sometimes you really do need the organ grinder on the case, and I'm sure Herbie will enjoy this one if its as you describe above, Bailiffs make a lot of mistakes but its not every day you see totally epic stupidity, which is what you describe above would be if its gone down just how you say it has.

Insomniac666

RobertoMoir wrote: »

I'm sorry. Let me just ask because I've had a beer and can't quite trust my eyes.
Did they really charge you £125 for the walking possession, and then post one through your door unsigned?

DO NOT SIGN THE WALKING POSSESSION. Don't lose it either. Things are about to get interesting, but not I should think in the way the bailiffs will enjoy.

I agree with RAS' suggestion to bring Herbie in on this, sometimes you really do need the organ grinder on the case, and I'm sure Herbie will enjoy this one if its as you describe above, Bailiffs make a lot of mistakes but its not every day you see totally epic stupidity, which is what you describe above would be if its gone down just how you say it has.

not too get my hopes up but I have a bilingual copy of the Distress Notice the only signature is by the bailiff on the "schedule of Liability Order section where they detailed the charges and amount and property details (which they had mixed up so put a double arrow to swap addresses)

The next section details goods and chattels (the car)

The next section is a boxed of paragraph labelled "Form of Walking Posession Agreement"

it says "To........... (not completed) so dont have bailiffs name.. it goes on to say for my consideation and in consideration of (a) your not immeadiately removing from the address listed on this notice goods as listed (b) you delaying the proposed sale and not leaving a man in close possesion of the goods.

I hereby agree -
1.to pay fees for manin walking posession
2.they may re-enter property at any time whilst distress in force.
3. i wont remove goods or sell them etc..

goes onto point 7, which says "I certify that a copy of this agreement and the Distress Notice have been handed to me"

I haven't signed it because it was stuffed in an envelope and posted.

Insomniac666

ps. Herbie21's inbox is full so can't pm her

RAS

Insomniac666 wrote: »

ps. Herbie21's inbox is full so can't pm her

Don't worry. She will get an automatic e-mail telling her you tried to PM and her message box is full. Then she will come looking.

And if that really is an unsigned WPO, boy will she have fun.

Just do not sign it. Put the thinf in an envelope and make sure that the missue knows not to touch it.

fatbelly

I think you need to check the Welcome agreement and work out who is the legal owner of the car. If it's HP, it's not you.

Just wanted to say that I'm enjoying this thread!