Bailiffs

RobertoMoir

legendkiller2k8 wrote: »

As i let the bailiffs into my old address can they now enter my new address without my permission and also would the walking possesion expire by now because of the length of time?

You took "their" goods from the house where they seized them without their permission. Of course they're allowed to come and get "their" goods.

and i had the ps3 free with my mobile am i correct as the mobile is under a contract this would also include the ps3 and therefore the bailiff wouldn't be allowed to take it? .

Interesting theory. And when I say that I mean they can take it no problem if it is on the list of things they seized, I'm not sure why you would think the phone contract changes anything.

You should probably contact bailiffadviceonline.co.uk

legendkiller2k8

I just had another look at the walking possesion and the bailiff has listed hire purchase items. The ps3 wasn't on the list as i've only recently upgraded my phone contract but e2save did say should i cancel the contract in any way then the free gift must be returned.

DarkConvict

legendkiller2k8 you should start a new topic so people don't get confused.

However i would agree with RobertoMoir on this, the WPO is basically making your goods theirs, and if you fail to make payments they take their goods to be sold to recover the debt.
Whether they could force entry to recover them i am less sure, but the WPO will still be valid on those goods and the goods belong to the bailiff until the debt is piad.

As to free gifts with phone contracts. The free gift is separate to the phone contract, and if you read the T&Cs the mobile phone (equipment) is actually separate as well. Whilst contracts do subside the cost of these devices they belong to you once you receive them and can be levied by a bailiffs, its not like a car on hire purchase.

Free gifts are delivered after your rights to cancel the contract are over, usually 30-60 days for good measure. In the event of cancelling it will be under goodwill rather than a legal requirement, as such they can ask for them back (we let you out early if you give us the gifts back). If you cannot return the goods, i.e. 14 months in you cancel but the PS3 broke and is out of warranty you had reason to dispose of it, or in others cases argue you could return a part payment or similar item rather than the one they sent. Phone contracts are hard to cancel, so it is unliekly to crop up unless you get a mast failure for over 30 days and loose cover at the address you took out the contract.

legendkiller2k8

DarkConvict wrote: »

legendkiller2k8 you should start a new topic so people don't get confused.

However i would agree with RobertoMoir on this, the WPO is basically making your goods theirs, and if you fail to make payments they take their goods to be sold to recover the debt.
Whether they could force entry to recover them i am less sure, but the WPO will still be valid on those goods and the goods belong to the bailiff until the debt is piad.

As to free gifts with phone contracts. The free gift is separate to the phone contract, and if you read the T&Cs the mobile phone (equipment) is actually separate as well. Whilst contracts do subside the cost of these devices they belong to you once you receive them and can be levied by a bailiffs, its not like a car on hire purchase.

Free gifts are delivered after your rights to cancel the contract are over, usually 30-60 days for good measure. In the event of cancelling it will be under goodwill rather than a legal requirement, as such they can ask for them back (we let you out early if you give us the gifts back). If you cannot return the goods, i.e. 14 months in you cancel but the PS3 broke and is out of warranty you had reason to dispose of it, or in others cases argue you could return a part payment or similar item rather than the one they sent. Phone contracts are hard to cancel, so it is unliekly to crop up unless you get a mast failure for over 30 days and loose cover at the address you took out the contract.

Thanks darkconvict i have started a new thread.

RuthnJasper

SLEEPYSTAR1975 - I just wanted to say how appalled I was by what your brother has done, and to ask how things are going.

Your mum is the same age as mine. She is very lucky to have someone as caring and honest as you to help her. Without you, I suspect your brother would have stitched her up like the proverbial kipper long before now.

Your brother sounds like an utter pig (sorry). What the h*ll kind of a child does this to their frail mother?!

Your mum has more than done her duty by this freeloading idiot. I agree with all the other posters who say that it is time he was gone. Let him live with his friends (who, I suspect, will find it even less 'hilarious' when bailiffs start appearing at their doors). Your mum's suspicions are, sadly, possibly correct though - there probably IS more debt lurking somewhere. But it shouldn't be impacting on your mum - she hasn't lived 64 years in the world so that she can spend her old age riddled with fear and doubt. I hope that she will be alright.

Anyway - just wanted to let you know that Jasper (dog) and I are really rooting for you and your mum and we hope that all will turn out OK for you both.

Probably a good idea to warn all eligible young women in the area to steer clear of your charming brother as well... he sounds like MUCH less of a catch than the tiddlers at the end of those fishing rods your mum is paying for...

Lots of luck,

xx

sleepystar1975

Thanks all for your help, Ruth and Jasper, thanks for your lovely message too. Sadly we don't know the address of this "friend" he's staying with, as he's a new acquaintance, else I would happily pass it on to any money collectors.

Mum followed your advice, and called the number on the letter. We really expected them to think Oh yeah, pull the other one" as I'm sure they have heard every sob story in the world. But surprisingly, they were really great. They obviously asked Mum if she knew where he was staying, but understood the situation. They did say another letter had gone in the post to him the previous day, but she was to ignore that. They assured Mum that the debt has nothing to do with her name and address, so they will not hassle her for it. However, they did say that collectors "may" call at her door, on the offchance that he's in and answers the door, and if he's not there, then she is to tell them so.
They have also asked that should we ever find out the address of where he is staying, they would like to know, and the mood Mum is in with him, I think she probably would do that right now.

I really hope that this will be an end to it, but like RuthandJasper mentioned, I fear this is the tip of the debt iceberg, and Mum will have to go through it all again.
I know folk get it debt, and it is scary (we got in to lots of problems when Dh was made redundant), but walking out and leaving a frail old girl to face the repercussions is ...well....I guess I'd better not say what I think, but you can all insert your own words!

Thanks again everyone, you are all diamonds.
I guess I'll see you all back on this thread when the next of his debts come to light