walking posession agreements(does yours exist ?)

BAILIFFCHASER

A client i am dealing for had a recent run in with whyte and co bailiffs limited. A bailiff knocked on the door and asked for either full payment or a agreement to be signed so that a monthly payment schedule could be sorted out. the client told the bailiff that he was on benefit and the debt should not have been passed to them. the bailiff was rather mouthy but anyway as the bailiff could not collect and had to walk away when it was mentioned that he would involve me to collect from them. anyway tothe point i have scanned the walking posession order that was pushed through my clients door note the fees charged and also note the total amount due.this is the letter on white paper. Now again my client recieved this letter yesterday. Can you make sense of the balance due on the yellow letter ?

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brainfreeze

Hi

I no expert of things like this, but I think that because the bailiff didn't gain peaceful entry to the property he was not able to put in place a walking possession agreement. The Notification of Intended Seizure shows the walking possession charge as I presume that was they were intending to arrange when they knocked on the door. As they were sent away with no peaceful entry this agreement was not made and they cannot therefore include a charge for it. Therefore the subsequent yellow Take Formal Notice form shows the same charges but with the exclusion of the walking possession fee.

I think

BAILIFFCHASER

Exactly. so what they are doing is misguiding people are they not ?

brainfreeze

Looks that way. But then bailiffs are not known to be nice, honest, advice giving, etc etc.

tomterm8

If a walking possession agreement is not in place, and they have attempted to charge for one,l they must be in breech of their legal duties.

Can you not sue these b*stards?

BAILIFFCHASER

They are in breach but nobody ie the council or anybody gives a dman and even if you take it to court via a complaint then they wont do anything either !!!!!

rabbitrabbit

I think you'll find that the liability order is being returned to the council because the bailiffs cannot collect - no money and no goods of value. This means the council will collect and in effect works out better in terms of repaying the debt. No mouthy bailiffs, sleepless nights and a chance to get back on track again. For example if on benefits the payments can be taken directly and a maximum amount exists, something like £3 per week.

BAILIFFCHASER

rabbitrabbit wrote: »

I think you'll find that the liability order is being returned to the council because the bailiffs cannot collect - no money and no goods of value. This means the council will collect and in effect works out better in terms of repaying the debt. No mouthy bailiffs, sleepless nights and a chance to get back on track again. For example if on benefits the payments can be taken directly and a maximum amount exists, something like £3 per week.

£2.90 per week