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    • So as I stated, I posted my letter off but over 2 weeks later I've had a visit from one of their reps. I didn't indulge him in any conversation, and I just stated that any such debts are statute-barred and closed the door on him. I was hoping they'd take notice of the letter. Where do I go from here? Thanks
    • I apologise if I was being unclear. Where it currently stands is that they will have it repair, placing scaffolding in our garden for 5 days. They have moved fast, but we will still have to postpone our contractors, meaning, we won't necessarily have the work done in time for the wedding and therefore will incur additional expenses for either a marquee or a wedding venue. They are vehemently against having any kind of liability in any regard but continue repeating that they are legally entitled to use our garden for their repairs (I believe this is true unless the work can be carried out using a cherry picker). The neighbour seems either indifferent or oblivious to the fact they can't reach all of the side of the roof from the space where they can place the scaffolding. They have asked their roofer of choice about using a cherry picker but the roofer has said it wasn't possible. It's not clear whether the roofer doesn't want to use a cherry picker or whether there is an issue with it. They have told us it is a problem that we are installing a gazebo as it will prevent them to access their roof from our garden in the future?!?  
    • Couldn't agree more, really wanted a true ruling on this just for the knowledge but pretty sure the Judge made some decisions today that he didn't need to?.. maybe they all go this way on the day? We hear back so few post court dates I'm not sure. Each Judge has some level of discretion. Their sol was another Junior not even working at their Firm, so couldn't speak directly for them! that was fortunate I think because if she would have rejected in court better, she might have  been able to force ruling, we are at that point!, everybody there!!, Judge basically said openly that he can see everything for Judgement!!!  but she just said "I can speak to the claimant and find out!" - creating the opportunity for me to accept. I really think the Judge did me a favor today by saying it without saying it. Knowing the rep for the sol couldn't really speak to the idea in the moment. Been to court twice in a fortnight, on both occasions heard 4 times with others and both of my claims, the clerk mention to one or both parties "Letting the Judge know if you want to have a quick chat with each other"! So, it appears there's an expectation of the court that there is one last attempt at settling before going through the door. So, not a Sol tactic, just Court process!. Judge was not happy we hadn't tried to settle outside! We couldn't because she went to the loo and the Judge called us in 10 minutes early! - another reason to stand down to allow that conv to happen. Stars aligned there for me I think. But yeh, if the sol themselves, or someone who can make decisions on the case were in court, I would have received a Judgement against today I think. She was an 'advocate'.. if I recall her intro to me correctly.. So verbal arguments can throw spanners in Court because Plinks dogs outsource their work and send a Junior advocate.
    • that was a good saving on an £8k debt dx
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Bailiff due @ 10.30!!! Please help asap


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Back in February, a bailiff called out & made my wife sign a walking possession order on her washing machine, fridge etc....

 

We have since moved house & replaced all the items on the list with items on HP.

 

Is that walking possession order still valid??

 

Can he still break in to the house??

 

He has never been in this house.

 

Due @ 10.30 today, so any help would be appreciated.

 

P.S this was for council tax arrears.

Edited by 1e68c161
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I have the agreements for 'some' of the items, but not all. I rang buy as you view (the HP company) & they said the items cannot be removed. If the bailiff tries, then i ring them back & buy as you view will take there stuff back.

 

Do i still have to let him in??

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did you inform the **** (socally correct upright man/woman) that the items were not yours ?

 

Love it. :D.

 

I am sure I have read somewhere that if you can prove your goods are on HP them the bailiff can not take them.

 

Try not to let them in. If the WPO is for a previous address then I am not sure if it can be transferred to another address.

 

Can you prove that the goods on the WPO are your mother - in - laws?

 

We could do with a visit from one of our Bailiff members here to clarify this one.

:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

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This is grey area in that the levy was for items at a different address. I'm confident but not 100% certain that bailiffs must restrict their involvment to the address they first levied on.

 

I'm also pretty confident that he won't know the law, though he will try to bluff.

 

I also doubt that he will be carrying a copy of the statute that enables him to levy at any address he so pleases.

 

Above all don't let him in - don't even answer the door. He will then have to work this out, not you.

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i have just phoned the National debt helpline on this as i wanted to know myself what the situ was this is what they told me

 

The WPA is valid for the amount of time the debt is live

It does not matter where the items are they could be @ No 10 and they still have the right due to the belongings belong to them now

 

If he has informed them in writting the items were on loan from his mother in law when he enters he must first say that the items were not levied correctly and i have a stat dec saying i don't own the items then they will need to draw up another WPA but if not they are still under there rights to remove until proven it does not belong to debtor

 

As long as credit agreements are able to be given for items they are unable to remove them

 

The best plan of action is now to let them in to stop any further costs ie lock smiths etc

 

But the best bit of advice was that if the items that were levied on or part of the WPA are not available they can not draw up another WPA as by law they are only allowed 1 per debt which in turn will mean that it is returned to the council to deal with

 

And to this he/she should either put money aside or pay directly to the council to prove that they are not unwilling to pay the debt

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Hi all, thank you for the advice!!! Sorry i didn't reply dbspider, was on the phone to National Debt line myself!!!

 

They gave me the same info as you really.

 

The Bailiff came, now gone. I have agreed to pay £45 a month to them (even though he wanted £190!!!)

 

He put this on his little computer, but did not ask me to sign anything. He also did not try to enter the house. I asked him about the WPA, he didn't have a list of what was on it!!! I asked how he would enforce it & he said he couldn't!!! He basically had to accept any offer i gave him or p**s off!!

 

Thank you all for the great help!!

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now if i were you i would find out how much is still owed on the council tax and start and pay them directly also try and get a breakdown of these **** charges then find out how much they are trying to rip you off by

 

Glad it all went well

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