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Unfortunatly my 17 old daughter let a B&S bailiff into our house when only she was there.He then preceed to write up a WPO which she signed. As I am now un-employed and recieving only the bare minimium in benifts,I have been unable to make the last two weekly payment of £57.I have now recieved a letter from B&S called Notification prior to sale of goods. Where the state that they have instructed auctioneers to advertise our good if we don't pay the sum of £456.00 by 04/08/09.I phoned B&S on the day of the WPO to complain about there bailiff entering my home when no adults were present, and got fobbed off with what I now know is a load of bull.What can I do to stop the Sale of my Goods and stop B&S from visiting again.

 

 

Thanks

TP

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Hi sorry to read this thread, i had the unfortunate experience of these horrible horrible people. I am not fully aware of the correct procedures although im sure the person has to be 18 years or over.

Hopefully someone will be along in the morning to assist you.

 

You have my best wishes in getting this sorted

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If the only person present is or appears to be under 18, the agent must depart, but may ask when the debtor will be home. If the only persons at home are children under the age of 12, the agent must simply leave that is the law so the WPO they have will look very poor in court as to the way they got it

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What is the debt for? If it's council tax then go back to the council and make an arrangement with them.

 

Tell whoever has instructed B&S that they have gained a WPO signed by a minor and you will dispute it. You will complain to B & S and you will also complain against the individual baliff to the court.

 

If you put your foot down you should be able to come to a payment agreement that suits you with the original creditor without paying a penny to the bailiffs.

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Guest janensteve

I am suprised that your daughter whatever her age, has any authority to grant walking possession of your goods. B&S are pond life.

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Only the person on the liability order can sign the walking possession agreement.

 

If a person who is not on the liability order signs then the bailiffs cannot charge the fees for the walking possession.

 

However the levy on the goods will still be valid if it is signed by any ‘responsible adult on the premises’ or even where the debtor refuses to sign.

Edited by tomtubby

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Guest janensteve

a 17 year old is not a responsible adult in my books....

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Guest janensteve

The law uses the term 'minor' to refer to a person less than 18 years of age. In terms of trusteeship, 'young person' does not have a legal definition

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Guest janensteve

therefore, a 17 year old has no legal recognition in her own capacity with title or as a trustee as far as B&S are concerned. She cannot be said to have signed it on behalf of the debtor.

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im pretty sure that if you are unemployed that they can only deduct an amount around £3.00 weekly direct from your benefit , i dont know how the fact they have been in your house would affect this rule though

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the fact that she has sihned the WPO means nothing the fact that the bailiff came in to the house with only a minor there means every thing and i would use this to take the whole thing back to the council as with the amount it is i would think its for council tax.

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As the debit is for council tax do I contact the council and ask for them to take it back.Or contact B&S and make arrangements with them.Sorry for the questions as I've never been in this situation before.

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I would ask the council to take it back but firsley send a letter of complaint to the Bailiffs with regards to entering your home with only i minor there and then getting the minor to sign the WPO they know full well that they should not do that make sure you put complaint at the top of the letter and take a copy of that to the council and say that is why they must take it back as your daughter is now terrified of them comming back to the point that she will not leave the house.

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Just contacted the council and waiting for a call back fro mone of there team leaders

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Just spoke to the council about my account and the bailiffs entering the house with only a minor present. The council have agreed to put the bailff action on hold for 2 months while i sort out all the benefit paperwork, but say i wil have to write to B&S about the bailiff entering the house with only my daughter present.

Thank you all for the help and comments

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Result....

that means they are taking it back in this time send them a offer of a few pounds per week so they can see that you are paying.

and the letter to B&S is just a complaint a hard one i hope and tell them you have spoken to the council and they have advised that it must go through there complaints department first and then the council.

 

well done you

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Just spoke to the council about my account and the bailiffs entering the house with only a minor present. The council have agreed to put the bailff action on hold for 2 months while i sort out all the benefit paperwork, but say i wil have to write to B&S about the bailiff entering the house with only my daughter present.

Thank you all for the help and comments

 

That's what they usually say. Make a complaint to the bailiffs but also address one to your Chief at the council as they are the ones employing the morons and their conduct is also their responsibility.

 

But it's also good news that they have taken the debt back now and it will give you time to get back on top of the situation. If it still doesn't work out stay in touch with the council and keep them updated. It helps if you get a named contact who you can talk to. Keep records of who you spoke to and when and ask them to put any arrangement in writing.

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