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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 8th May 2008, 13:33   #1 (permalink)
lisa80
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Default Help! Urgently need some advice

I currently have a council tax bill outstanding and made an agreement with Bristow and Suitor to pay £430 in March then £500 April and May. I missed April's payment due to an accident. Came home yesterday and found a "Notice to Force Entry" Phoned the Bailiff who demanded £650 payment which I just don't have, and then said he'd be round last night. I didn't want to remain in the property so I went to a friends then found this site this morn have phoned up and they've put a stop on the notice for 7 days while my offer of payment is considered (£30 per month) but they are saying they have a signed WPO.

This is untrue as the last bailiff who called out arrived whilst I was taking my daughter to school we spoke on the phone but I didn't sign anything and he posted the paper work through my door.

All I want to know is what do I do next?
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Old 8th May 2008, 14:12   #2 (permalink)
tiglet
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Default Re: Help! Urgently need some advice

I would ask them to provide you with a copy of the signed WPO as you dispute this. I would also ask for a full breakdown of costs.

I would phone the revenue collections service at the Council and complain about the behaviour of the bailiffs (they remain responsible for their actions). if they refuse to do anything, advise you wish to invoke their complaints procedure or you will go to the local government ombudsman.

Continue to make your £30 payments so you can show you are not avoiding this debt.
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Old 8th May 2008, 16:36   #3 (permalink)
Laydee Danielle
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Default Re: Help! Urgently need some advice

I would definietly write to them asking for a copy of the walking possession agreement- signed by you (or any other responsible person or adult relarive). Send this letter recorded delivery and keep a copy for your records incase you need it at at a later date.

I would also contact your local council to inform them of what the bailiff are doing

If they have not been into your home and have not drawn up a list of your goods which you have signed (it has to be signed) then they don't have a walking possession agreement. Some bailiffs have been known to look through a window and write a list of the goods they can see and post it through the door- this is not valid

They may be possibly trying to scare you into paying up
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Last edited by Laydee Danielle; 8th May 2008 at 17:25.
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Old 8th May 2008, 16:44   #4 (permalink)
tiglet
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Default Re: Help! Urgently need some advice

Quick question - do you have a car parked outside? if so, they may have levied on that.
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Old 8th May 2008, 17:49   #5 (permalink)
kel123
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Default Re: Help! Urgently need some advice

Please consider making an official complaint about BS. They are clearly flaunting legislation and it seem that they have councils 'in their pockets' so to speak. I have made complaints to BS, Walsall Council, Redditch county court and west midlands police.

I hand delivered a complaint to BS on Monday 28th April 2008. As yet no reply, so on friday I will write to their Association

I found out that of the two bailiffs that signed documentation one was not certified, so a hand delivered complaint was handed into Redditch County Court on Monday 28th April 2008. You have to use 'form 4' and on the top of the form is how to find out if the bailiff is certified and what Court you have to sent it to (Her Majesties Courts Services headquarters - Enforcement Program 020 7210 0516). They have replied saying that they have asked BS for a report within 14 days

Walsall council have replied with what I expected i.e. we are no responsible and we love BS. I have replied to them in stronger terms so I await their new responce.

West Midlands Police are noted as being unhappy and want me to keep them informed.
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Old 8th May 2008, 18:39   #6 (permalink)
sheraton01
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Default Re: Help! Urgently need some advice

Cant really offer any advice sorry but I can hopefully reassure you a little.

We have been paying Bristow and Sutor now for aprox 18 months and we Have £125 left to pay off a bill of somewhere in the region of £2000.

I made an agreement inc letting their bailiff in our home to do a WPO, didnt feel like I really had a choice at the time as he said that he was going to stand there all day and I was expecting workmen and visitors. If I had known what I know now I would have left him there all day

Over the course of our agreement we have defaulted several times, due to unemployment etc and every time they have sent the heavies and stuffed notices through the door saying that they are coming to empty the house. On every occasion I have called the bailiff and he has demanded a ridiculous amount of money, I have called my husband and he has rung the bailiff and the absolute minimum he can accept has suddenly decreased amazingly and if we give him a day or two he is sure he can get us back on to our payment plan.

It just appears to be a game to them - not funny for us on the nasty end though but from our experience if you hold your nerve they will come to an arrangment.

I should also add that I have on several occasions rung the council involved and advised that I am unhappy at the way we have been treated. Although I have yet to make a formal complaint I have allways insisted that my concerns are noted.

Sheraton
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Old 8th May 2008, 18:54   #7 (permalink)
tomtubby
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Default Re: Help! Urgently need some advice

Sheraton

I would strongly suggest that you ask for a full and detailed breakdown of all of the fees and charges that have been applied to your account.

Lisa 80.

Can you send me a private message with the name of the bailiff so that I can check to ensure that he is certificated.

He CANNOT force entry into your home.

You need to send an e-mail to enquiries@bristowsutor.co .uk and ask them to provide as a matter of urgency any documents that they have to prove that any levy has been made. I would ask them also for the name of the bailiff (if you do not already have).

Please do let us know of any response that you receive.

Last edited by tomtubby; 9th May 2008 at 08:57.
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Old 8th May 2008, 19:18   #8 (permalink)
sheraton01
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Default Re: Help! Urgently need some advice

Tomtubby - I shall keep it quick cos I dont want to hijack this thread.

I have asked several times for a full breakdown - never got one. Once I have paid my last £125 I will have one even if it involves me going to their office and staging a sit in

However on a positive note (yep there is one sometimes) whatever charges I have or havent paid BS are probably worth it. They taught me the rules of the game and I have since used that to my benefit.

Sheraton
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Old 9th May 2008, 09:02   #9 (permalink)
tomtubby
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Default Re: Help! Urgently need some advice

This is strange as we always receive replies to Subject Access Requests from this company.

I would suggest writing by e-mail with a hard copy by registered post to request a detailed breakdown and to remind them that if they refuse, that you will be writing to both the Information Commissioners Office (Information Commissioners Office) and the Office of Fair Trading.

This should work !!!
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