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Debt Action Group > Bailiffs and Sheriff Officers

Bailiffs and Sheriff Officers Your rights when dealing with bailiffs and sheriff officers


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Old 5th March 2008, 12:43   #1 (permalink)
intrigue
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Watch out, there are Claims Touts about!

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Join Date: Jun 2006
Posts: 31
intrigue Novitiate
Default Bristow and Sutor

I sent the following letter to them on the 26th Feb 2008
26th February 2008


Bristow & Sutor
Bartleet Road
Washford
Redditch
Worcestershire
B98 0FL

Dear Sirs,

RE: Account number

I am currently undergoing payment for my total debt of £5000 one of which is the debt mentioned above which I understand you are now in charge of.

I would therefore like to ask that you accept an offer to repay £433.11(total for two accounts) at a minimum rate of £25.00 per month.

Whilst I understand the amount is fairly low given the total amount of the debt, I will increase this amount as I pay other debts off (If you would like full details of my other debts and the payment schedules please request this in your reply) and please remember that this is the minimum I will be able to pay and I will inform you immediately when I am able to increase the payments.

Please confirm your acceptance in writing and advise me how the payments should be made. I have included a cheque for £25.00 for the month beginning 01st March 2008.
I realise i have made a mistake in the fact that i did not say if they cash the cheque that this would be a way of accepting the offer.
Of course they have cashed the cheque and have sent a bailiff round with no written confirmation of recieving the offer.

I have then rang them and they say that the offer is not acceptable and wanted to take employment details etc, which i said i would not give them as i would seek advice first.

Please be as helpful as you have been in the past and let me know what i can do now.

Thanks

Matt
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Old 5th March 2008, 12:50   #2 (permalink)
Screw The Bailiff
Classic Account Customer
Default Re: Bristow and Sutor

You made a reasonable offer to pay and the bailiff has behaved unreasonably. Run this checklist of grounds and put him in front of the judge to explain himself. You might be awarded compansation.

Check the bailiff is kosher - see if his credentials check out and report back if you find an irregularity.

What is the debt for? you might have a way of getting it out of the hands of the bailiff and back with the creditor.


Quote:
Originally Posted by intrigue View Post
I sent the following letter to them on the 26th Feb 2008
26th February 2008
Bristow & Sutor
Bartleet Road
Washford
Redditch
Worcestershire
B98 0FL
Dear Sirs,
RE: Account number
I am currently undergoing payment for my total debt of £5000 one of which is the debt mentioned above which I understand you are now in charge of.
I would therefore like to ask that you accept an offer to repay £433.11(total for two accounts) at a minimum rate of £25.00 per month.
Whilst I understand the amount is fairly low given the total amount of the debt, I will increase this amount as I pay other debts off (If you would like full details of my other debts and the payment schedules please request this in your reply) and please remember that this is the minimum I will be able to pay and I will inform you immediately when I am able to increase the payments.
Please confirm your acceptance in writing and advise me how the payments should be made. I have included a cheque for £25.00 for the month beginning 01st March 2008.
I realise i have made a mistake in the fact that i did not say if they cash the cheque that this would be a way of accepting the offer.
Of course they have cashed the cheque and have sent a bailiff round with no written confirmation of recieving the offer.

I have then rang them and they say that the offer is not acceptable and wanted to take employment details etc, which i said i would not give them as i would seek advice first.

Please be as helpful as you have been in the past and let me know what i can do now.

Thanks

Matt
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Old 5th March 2008, 13:04   #3 (permalink)
intrigue
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intrigue Novitiate
Default Re: Bristow and Sutor

Sorry it is for Council Tax and i have had a liability order for it as i was paying before and lost my job so had to stop the payments. (yes i know i should have informed them) So i then contacted the council and them and made an arrangement with the council and tried to with bristow and sutor but the above happened.
Matt
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Old 5th March 2008, 13:24   #4 (permalink)
Screw The Bailiff
Classic Account Customer
Default Re: Bristow and Sutor

If you have enough money, take it to the council and prepare to do Magicians Choice, it's not gauranteed but it could get you off ther bailiffs fees.

Try an apply for CTB starting the claim from the date you lost your job - you may have to haggle.

Prepare a letter based on this template and hand it to a bailiff through a window if one turns appears on your doorstep. It stops a walking possessions fee.
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Old 5th March 2008, 17:55   #5 (permalink)
chris600uk
Platinum Account Customer
Default Re: Bristow and Sutor

STB, in other posts I didn't understand what you meant by "Magicians Choice".

Now I do, and I think it's very good, I would definitely use it - sadly it's just the sort of thing I wouldn't expect the average debtor to do because they do seem to find demanding their rights stressful/hard enough.

That's why I've always suggested that the debtor considers paying the amount listed on the liability order online, taking advantage of the council tax enforcement regs 1992 section 45 subsection 3 which forbids any further recovery action once the amount owed to the council has been recovered by the council.

But if anyone is thinking of using it, I'd love to hear how they got on, and just what the council cash clerks actually said when they saw that letterand the whole bit with the witness.
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Old 12th March 2008, 14:35   #6 (permalink)
intrigue
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intrigue Novitiate
Default Re: Bristow and Sutor

Hello everyone, this chesnut has become harder.

I basically rang the council and told them they had refused my debt to which the council said there is nothing they can do, so now i need to know how long it will take before it is passed back to them?
Also if i send a cheque for £25 each month to B & S will they take that off the balance and include charges as obviously their charges are more then i can pay back which means i would be in a bad cycle of paying charges.

I think it might be time to save up and pay the council tax online?

Matt
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Old 20th March 2008, 18:01   #7 (permalink)
intrigue
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intrigue Novitiate
Default Re: Bristow and Sutor

I have now had B & S bailiffs round twice once i mentioned the consumer action group he kindly got in his car and bugggered off only to return the following day with a final demand. I am still going to hold out i think.

Can anyone tell me if they can come into my house by force with the liability order?
Thanks

Matt
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Old 20th March 2008, 18:19   #8 (permalink)
shammy36
Classic Account Customer
 
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Default Re: Bristow and Sutor

Hi Intrigue,

They cannot enter your house "period " to recover council tax debt unless you have given them peacefull entry in the past.Wiser heads than mine will confirm this im sure
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Old 20th March 2008, 18:54   #9 (permalink)
FairPlay77
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Default Re: Bristow and Sutor

Quote:
Originally Posted by shammy36 View Post
Hi Intrigue,

They cannot enter your house "period " to recover council tax debt unless you have given them peacefull entry in the past.Wiser heads than mine will confirm this im sure
Spot on. They cannot barge into your home unless (a) you have previously given them "peaceful entry" by allowing them in or (b) they've managed to find an open door or window and got in that way.

Moral: NEVER let the buggers in!
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Old 20th March 2008, 19:00   #10 (permalink)
tonycee
Platinum Account Customer
 
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Default Re: Bristow and Sutor

Quote:
Originally Posted by intrigue View Post
I am still going to hold out i think.
Good for you.

Im a placid chap normally, but i hate Bailiffs with a vengeance.

I so want to tell my story with these "people" but i have a legal claim going for £2k and dont want to jeopordize my case.

Have a read through this.>>>>>>>PRESS HERE<<<<<<<<

It tells you what they and and cant do.

Good Luck
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Old 28th June 2008, 08:37   #11 (permalink)
KKay
Basic Account Customer
Default Re: Bristow and Sutor

Hi

I need your help. I have been in arrears with my council tax, the bailiffs came down and put on their full wack fees, then money was coming out of my wages as attachment of earnings for seven months.

Once the attachment of earnings stopped, there was £459 remaining. Bristow and Sutor wanted £100 per month. I paid the £100 a month (bearing in mind I have to pay the extra £100 a month for the current years council tax) and now only £59 was remaining. Bristow and sutor wrote a letter to say they need £59 within the next 7 days otherwise the Bailiffs will attend. I was unable to make the £59 within the 7 days, and guess what the Bailiffs left a notice.

The Notice was posted. In red stated 'Important Notice' A BAILIFF REMOVAL TEAM VISITED TODAY TO REMOVE YOUR GOODS FOR SALE BY PUBLIC AUCTION. They charged an initial charge for today's visit which amounts to £90.

So now the total to pay £149. I can't believe it. Is £90 too much? What could I do. Do you think I could send them a cheque for £59 and hope they accept it. What could I say to drop that fee. I have already paid enough, they were taking £200 a month out of my wages, which was hard enough to accept.

Please help, Thanks
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Old 28th June 2008, 10:52   #12 (permalink)
tomtubby
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Posts: 1,403
tomtubby Informativetomtubby Informativetomtubby Informative
Default Re: Bristow and Sutor

Can you post this question under a seperate thread so that it does not get confused with this old thread.

I can then respond......
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