I have been in a long running dispute with Bristow & Sutor over a Council Tax Bill for several months now.

They told me I had to pay £445 per month or else,

at first i paid it just to keep them off my back, but I got made redundant and only had my partners income coming in, the £445 I was paying them became unsustainable

. I have not let them into my property at any time, and have started to stand my ground with them,

I have now refused to pay them and have said I will only deal with the council,

my question is can they force entry now this new bill has been passed through government, or has the industry got to become fully regulated before it comes into force?

they cannot force entry.

however anything that is open [window etc] they can use but they cannot 'force' their way in.

the council are responsible for the actions of the bailiffs they enploy.

go into the council, make a realistic PCM offer & get them to contact the bailiff direct. but you must pay what you say every month.

i would be inclined to check if / how much, the bailiffs have charged

there are strict guidelines on charges.

dx100uk

The Tribunals Courts & Enforcement Bill became law 2 weeks ago. However, this is a very large bill covering many different areas from debt, insolvency and enforcement which is contained in Part 3. Yes, it is PLANNED that some time IN THE FUTURE bailifs wil be given powers to break into homes. However, we were told that this will ONLY HAPPEN when all bailiffs are certificated and when a regulator is put in place. We are told that this will not be for 2 years.

Also, it must be remembered that if a bailiff is enforcing a fine. ie: parking offence ( driving without insurance, speeding etc) or unpaid TV Licence etc, they CAN break into your home.

For the more common debt, ie: council tax and unpaid parking charge notices, the bailiff CANNOT break in.

The Tribunals Courts & Enforcement Bill became law 2 weeks ago. However, this is a very large bill covering many different areas from debt, insolvency and enforcement which is contained in Part 3. Yes, it is PLANNED that some time IN THE FUTURE bailifs wil be given powers to break into homes. However, we were told that this will ONLY HAPPEN when all bailiffs are certificated and when a regulator is put in place. We are told that this will not be for 2 years.

 

Also, it must be remembered that if a bailiff is enforcing a fine. ie: parking offence ( driving without insurance, speeding etc) or unpaid TV Licence etc, they CAN break into your home.

 

For the more common debt, ie: council tax and unpaid parking charge notices, the bailiff CANNOT break in.

Thanks for that i didn't just want to send my next letter off only to return one day with my front door hanging from its hinges. The last letter I got from the bailiff was if they could not collect what was outstanding they would return to client duly endorsed because of my refusal to deal with them. However in my letter I am about to send them I have explained I'm not refusing to pay, I'm just refusing to pay them and any payments will be sent to the council along with this years council tax monthly installment, I have included a cheque with the letter for £36 which clears any fees incurred for visiting my home, I have also put at the bottom of the letter that by enclosing this payment it concludes my business relationship with bristow & sutor and any future communication between both parties should cease otherwise any continued harrassment with be passed to my solicitor.

Does this sound about right?

brill

on the ball

well done.

there is an interesting point in another like threads about bailiffs.

it appears the some councils cannot recall the debts placed with bailiffs.

i'm not sure on this , doesn't sound right to me

dx100uk

I have now refused to pay them and have said I will only deal with the council, my question is can they force entry now this new bill has been passed through government, or has the industry got to become fully regulated before it comes into force?

Fantastic - another one who refuses to be ripped-off !

Please see thread - Time for a bailiff boycott.

Good news!

Had a letter today from Bristow & Sutor stating that if they cannot collect a payment within the next 7 days they will return the liability orders back to the council who then make an application for my committal to prison.

I contacted the local council who said we won't commit me to prison as long as I make an arrangement to pay which we have now done, goodbye horrible Bristow & Sutor. Thanks guys for all your help and advice, I just hope others follow the same plan.

Good news!

 

Had a letter today from Bristow & Sutor stating that if they cannot collect a payment within the next 7 days they will return the liability orders back to the council who then make an application for my committal to prison.

 

I contacted the local council who said we won't commit me to prison as long as I make an arrangement to pay which we have now done, goodbye horrible Bristow & Sutor. Thanks guys for all your help and advice, I just hope others follow the same plan.

Yet another who refuses to be ripped-off !

If you REFUSE to deal with bailiffs - then the Council WILL come to an agreement !

Good morning all......

Just need a bit of quick advice.

I had for the 3rd time in a month had a visit from Bristow and Sutor regarding Council Tax, we have never let them into our home at any point. And as I understand it they cannot force entry.

However the letter pushed through the door mentioned The Tribunals, Courts and Enforcement Act 2007 schedule 12, after reading up on this can they gain a warrant to gain entry? or are BS just pulling things out of the air in hope of gaining entry by peaceful means?

The letter said I have to make contact by Tuesday otherwise they are coming back and what that is supposed to mean I'm not sure. But to confirm again BS have never gained peaceful entry into our home.

All advice is most welcome.

Scary letters to frighten you into contacting them

To force entry it would need to go to court and have entry granted

They would write to you giving a time and a date when they would attend

They would only force entry if on that date you are out or deny them entry

A long way off that happening

Sounds like they will hand it back to the council soon

What fees have been added to the account

How much is owing

Payment direct to council

Scary letters to frighten you into contacting them

To force entry it would need to go to court and have entry granted

They would write to you giving a time and a date when they would attend

They would only force entry if on that date you are out or deny them entry

 

A long way off that happening

Sounds like they will hand it back to the council soon

What fees have been added to the account

How much is owing

 

Payment direct to council

There is £402.00 outstanding and £235.00 in bailiff fees added.

However we have written to both BS and Sandwell MBC twice explaining we are deemed as vulnerable persons, my son has Aortic Valve disease and my husband has severe mobility problems, both are in receipt of highest rate mobility and middle rate care. I am a carer for them both.

However the council have refused to recall the debt, and at the moment we have a 3rd stage complaint and a meeting with the council on Thursday next week to discuss the matter, we also have a complaint registered with the Local Government Ombudsman regarding the conduct of SMBC and their failure to recognise vulnerability, however the Ombudsman have said they won't involve themselves until after the outcome of this meeting on Thursday.

What also makes this a difficult issue is this £402.00 shouldn't really apply as it has only come about as the council won't accept our backdated claim for a council tax reduction. We have given good cause as to why we we were late entering a claim (Waiting to hear about benefit entitlement, which was also backdated by the DWP), however the council refuses to accept that is good enough cause..... I can't technically enter a claim until I know it's a valid claim due to a backdated benefit award...

I have stated Section 11 of the Local Government Finance Act 1992. Which states there is no limit on backdating providing it can be shown and proven qualification was made on the day concerned.

And also 62(16) of the Council Tax Benefit (General) Regulations 1992. Which in a nutshell means as long as good cause is proven it is accepted the claim is deemed served on the backdated date subject to section 1(2) of the Administration Act 1992 which places a 12 month limit on the claim.

So it's quite a complicated case, I'll go along on Thursday and request yet again that the debt is brought back under control of the council and the bailiff fees are covered by the council as really it shouldn't technically be with a bailiff. Otherwise I'll go to the Ombudsman.

Contact your localMP and councillors they should help you sort the council

Untill things sorted keep property secure at all times as a unlocked door could make things worse should bailiffs turn up

Do the Council acknowledge you are vulnerable? Have you provided them with proof of your vulnerability? Are B&S aware of your vulnerability? What do they say about it?

Do the Council acknowledge you are vulnerable? Have you provided them with proof of your vulnerability? Are B&S aware of your vulnerability? What do they say about it?

We have provided both BS and the council copies of both DLA awards and a copy of my carers allowance award. I have also provided a statement of income and outgoings, and still they ignore it, we have done this twice.

The council have known first least 2 years there is a vulnerable situation at home, in fact my youngest son with the heart condition was admitted to hospital 3 weeks ago as he passed out in his bedroom, he is petrified someone is going to break into out home and take away his belongings. The doctors have confirmed this incident was no doubt due to stress, the council have been provided with this, yet they still ignore vulnerability.

We keep all the windows and doors locked and only answer the door once we have checked who is there on the CCTV system.

This is the second thread today concerning vulnerability issues & B&S.

This is the second thread today concerning vulnerability issues & B&S.

I did speak to our local councillor but they simply wasn't interested. More than likely too busy campaigning, but never mind I know who not to vote for.

Any other suggestions you can make? I'll see how it plays out on Thursday next week and then take it to the ombudsman.

Just to confirm they will not be breaking in and taking your sons belongings

There is no right of entry for them

They will be acting on a liability order they may call it a court order or warrant or whatever they want to call it ,it is a liability order nothing else thousands issued each year

NO RIGHT OF ENTRY

Try your local MP

I did speak to our local councillor but they simply wasn't interested. More than likely too busy campaigning, but never mind I know who not to vote for.

 

Any other suggestions you can make? I'll see how it plays out on Thursday next week and then take it to the ombudsman.

If your local Councillor isn't interested then I would go over their head straight to the Leader of the Council - Councillor Darren Cooper. If he also turns out to be reluctant this again is something to bring up with the LGO. I would also be thinking about talking to the local press - particularly as local elections are looming.

If your local Councillor isn't interested then I would go over their head straight to the Leader of the Council - Councillor Darren Cooper. If he also turns out to be reluctant this again is something to bring up with the LGO. I would also be thinking about talking to the local press - particularly as local elections are looming.

I never thought of writing to Darren Cooper with the threat of involving the local press.

I never thought of writing to Darren Cooper with the threat of involving the local press.

I would initiate first contact by phone. In my opinion Councillors are available 7 days per week until approx 9pm. If they don't like the hassle then they should never have stood for public office. If possible direct them here so they can see at first hand how things go.