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Bailiffs

legendkiller2k8
legendkiller2k8 Posts: 190 Forumite
Cashback Cashier
edited 4 July 2010 at 8:35PM in Debt-free wannabe
I am starting a new thread as someone correctly pointed out in a previous thread that people could get confused.
Could i get some advice if possible please.
About 2 and a half years ago i stupidly let a bailiff into my home and signed a walking possesion. I made a agreement to make regular payments. However after a couple of months i lost my job and couldn't afford the payments. I tried to get another arrangement with no luck. So i contacted the council who happily agreed to take a couple of quid a week out of my JSA.
I've now moved to a new address i notified the old council of my new address and out of the blue after 2 years with no contact at all i recieved a letter yesterday from the bailiffs telling me to pay £780 by 8th July otherwise they're coming to take my items. I tried talking to the bailiff company again with no luck as i'm currently on jobseekers allowance.
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?
My high items of value aka the tv are on hire purchase 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? I know they can't take hire purchase items.

Also after double checking the walking possesion order the bailiff did infact list hire purchase items.

Comments

  • DarkConvict
    DarkConvict Posts: 6,347 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    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.

    Just dropping in what i wrote in the other topic.

    The PS3 could be taken. When taking out a phone contracts, there is the airtime agreement, the mobile and the free gift. These are all seperate and the mobile and PS3 are owned by you.
    Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.

    There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies
  • Just thought i'd give a quick update. I have spoken to the council who have asked the bailiffs to stop any action and the council have agreed to deduct money from my JSA.
    I hope this will help anyone else who is in a similar situation and give them a bit of guidance as to what to do.
  • UnderPressure
    UnderPressure Posts: 3,204 Forumite
    Well done :) I bet you are glad it is over for now I know it feels like a huge weight has been lifted ;)

    My showdown is supposedly tomorrow we will see..................
    "You can measure a man's character by the choices he makes under pressure"
    Sir Winston Churchill
  • RobertoMoir
    RobertoMoir Posts: 3,458 Forumite
    Part of the Furniture Combo Breaker
    Great stuff legendkiller
    If you don't stand for something, you'll fall for anything
  • Well done :) I bet you are glad it is over for now I know it feels like a huge weight has been lifted ;)

    My showdown is supposedly tomorrow we will see..................

    Thanks it really is a big relief and i really do hope it inspires others who are in a similar situation to never give up.

    Good luck for tomorrow Underpressure i hope everything turns out ok.
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