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chyrophase

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Everything posted by chyrophase

  1. They have carried out DVLA checks since i sent the stat dec on 25th june 09. No checks were made by B&S prior to this as confirmed by telephone at citizens advice office 19/06/09.
  2. Ok update time... I sent a statutory declaration for the vehicle levied on stating it doesnt belong to me and got a reply stating that dvla checks have proven that the vehicle belonged to me at the time of the levy and so it will remain. Filed a form 4 to the court and am now awaiting replies. Can i do anything else apart from move the car as i have 14 days to pay the balance according to B&S and "recovery action will commence". Surely now they have the SD signed at a solicitors they have no standing to say the vehicle belongs to me?
  3. I have never had a walking possession form from a bailiff but due to the date they state a levy fee i have the name of the bailiff that attended on that date.
  4. I paid in cash at the bank and have the receipt for the 30/12/09 stamped with the branch stamp and date including the account number paid into.
  5. Right sent this to bailiffs on 15/06/2009... Mr **** **** Road, ***, ***, ***. Ref :******* Dear Sir/Madam I acknowledge receipt of your letter dated 05.06.2009 in which you state : We would like to point out that the agreement letter that you have enclosed is dated 11th December 2008, which was sent prior to our bailiff visits on the 30th January 2009 and 12th February 2009 when additional costs had been incurred. These visits took place due to a default on the agreement that was in force. As you can clearly see from the receipts I sent I have NEVER defaulted on this agreement and I draw your attention to the following: Provision of Bailiff Services 2007 - 2010 Details of Work Required a separate bank account for clients monies • a suspense account which records all payments received which cannot be immediately credited to the account of a particular debtor. There must be robust procedures in place to ensure that such payments are promptly and appropriately credited to the correct debtor. The contractor must provide reports regarding clearance of its income suspense account when requested by the Council. “There must be robust procedures in place to ensure that such payments are promptly and appropriately credited to the correct debtor.“ In my case this didn't happen and I am not responsible for administration errors of my payment after it arrives at B&S. As such a default never occurred and no further charges can be added for visits in respect of this. I hope this clears any confusion and will deem this matter resolved upon receipt of your cheque to me consisting of your unlawful charges already paid by myself. Yours ******* Received a letter from them as shown below on 18/06/2009... Mr ******* **** **** **** Ref: ***** NOTIFICATION PRIOR TO SALE OF GOODS RE: council tax due to:- ******* reference **** Take notice that we have now instructed auctioneers to advertise your goods, which are subject to distraint, for sale by public auction. Our bailiffs have therefore been instructed to attend your address to effect their removal. YOU WILL BE LIABLE TO PAY THE ADDITIONAL COSTS INCURRED. To avoid the bailiffs attendance you must pay to us the sum of £164.44 by 23/06/09. Payments must be made direct to ourselves in cash, postal orders, or by bankers draft. Cheques are also acceptable except where payment of a previous cheque sent to us, by you has not been met by your bank. Payment can also be made by Credit or Debit card by telephoning our office on the above number. (note: All card payments are subject to a surcharge). You may find that, depending on the size of the payment, this is less than the cost of buying postal orders. A receipt will only be issued if you send a stamped addressed envelope with your payment. Your reference number is : ***** . This must be included with your payment and written clearly on any letters you send us. Dated this 16th DAY OF JUNE 2009 B&S BRISTOW AND SUTOR looks like they have ignored the letter i sent, now what can i do to stop these assholes bagdering me for money i do not owe? i sent all copies of letters to the council but im unsure on the form 4 complaints route, as it asks for name of bailiff, i have 5 names what do i complain about and which one of them? they are being sent by b&s and go away when shown receipts to prove i never defaulted.
  6. Thanks Hallowitch but im not sure how that helps i know it points out the flaws in B&S systems, but i need to know what to do now i have never defaulted on the original agreement so the added visits and fees should not be chargable should they?
  7. Ok update time...I wrote to B&S challenging them on a few points, I have never defaulted and that I have signed no documents and have not agreed to any walking possessions agreements. and that the fees the bailiff is charging you do not comply with legtislation and are contrary to Section 2 of the Fraud Act 2006. I also sent a copy of my agreement from them and all receipts showing dates and account numbers proving i paid on time and fulfilled the original balance of £235.15p. I received a letter back today as shown below, Any advice appreciated as i have never defaulted on the original agreement and have all receipts to prove it. Mr *** ****** ********* ******** **** ****** **** *** Dear Sir, RE: Council Tax arrears due to *** **** **** Council We acknoledge receipt of your letter, the contents of which have been duly noted. Firstly we would like to advise that all the receipts for payments you have enclosed copies of, have already been allocated to your account. We would like to point out that the agreement letter that you have enclosed is dated 11th December 2008, which was sent prior to our ailiff visits on the 30th January 2009 and 12th February 2009 when additional costs had been incurred. These visits took place due to a default on the agreement that was in force. We would like to refer you to the council tax (administration & Enforcment) Regulations 1992 (as Amended) as all our fees are charged within these Regulations, We do not need to remove goods from your property to charge fees after a first and second visit fee is added. We can confirm that you are not due a refubd on the account and a balance still remains outstanding of £164.44. We have recently offered you an agreement via instalments which was due to commence on 3rd june 2009 of £20.00 per fortnight. We can confirm the following bailiff visits which were made to your property and the bailiffs which attended. All ceretificates are granted at Redditch County Court and are then signed by a Judge at Worcester County Court. Date of visit Name of Bailiff 07.11.08 K Brueton (attended on two occasions) 20.11.08 N Mahmood 08.12.08 D Bailey 30.01.09 S Rhodes 12.02.09 J Newnes We would like to advise that our bailiffs do not need to be invited to your property as we are enforcing a Liability Order by a legal process. Failure to make payments as per the agreement detailed above will result in further recovery action being taken against you. We trust this clarifies the situation. Yours faithfully, B&S (signed in ink) Bristow & Sutor As i stated above i have never defaulted and when the bailiffs visited i showed my receipts and they went away.....PLEASE HELP!!!!!
  8. Maybe this will be a bit clearer i note that first and second visit fee's are dated the same day :s http://i290.photobucket.com/albums/ll244/Chyrophase/newstatement.jpg
  9. Hmm i never noticed that but will certainly keep the copy i have for reference. thing is what to do now? any advice?
  10. update to above... I have now paid the original demand for £235.39 and requested a screen shot of my account the following was sent to me via email. Transactions: Date: Total: Fees: Client: Description: 141.39 0.00 141.39 Opening Balance 07/11/08 24.50 CR 24.50 CR 0.00 A.T.L. Fee (First Visit): 10/11/08 07/11/08 18.00 CR 18.00 CR 0.00 A.T.L. Fee (Second Visit): 10/11/08 08/12/08 27.00 CR 27.00 CR 0.00 Levy Fee: 10/12/08 08/12/08 24.50 CR 24.50 CR 0.00 Redemption Fee (Head H): 10/12/08 30/12/08 15.39 15.39 0.00 Claimed Unref S.O. Payment: 17/12/08 15/01/09 20.00 20.00 0.00 Payment by Standing Order 29/01/09 20.00 20.00 0.00 Payment by Standing Order 30/01/09 180.00 CR 180.00 CR 0.00 Van/Abortive Removal Fees: 30/01/09 10/02/09 15.56 0.00 15.56 Reduction to Client Balance: 10/02/09 12/02/09 20.00 20.00 0.00 Payment by Standing Order 13/02/09 20.00 20.00 0.00 Claimed Unref S.O. Payment: 30/12/08 27/02/09 20.00 20.00 0.00 Payment by Standing Order 11/03/09 20.00 20.00 0.00 Payment by Standing Order 26/03/09 20.00 20.00 0.00 Payment by Standing Order 14/04/09 20.00 20.00 0.00 Payment by Standing Order 23/04/09 20.00 20.00 0.00 Payment by Standing Order 07/05/09 20.00 20.00 0.00 Payment by Standing Order 21/05/09 20.00 20.00 0.00 Payment by Standing Order 164.44 38.61 125.83 Current Balance i have paid nothing by standing order and there are payments missing from that (i have receipts) although i note from the above post that they can only charge £24.50 first visit fee and £18.00 for the second visit. What is the £180 fee for as i have never signed anything and they have never removed any goods?
  11. the account i paid into was "Bristow and Suitor Clients account number 3" Do i need to pay b&s while i file forms as they have levied on my car and i dont want to wake up to find a clamp on it or worse to find it gone?
  12. Date on the form 7 was 20/12/2008 two days before i received it. I have made all payments directly into thier acc via cash at a local barcalys. they provided the account number and the sort code and ALL my receipts have the branch stamp over the reference number they told me to put on.
  13. Right where to begin? 22/12/2008 received letter from bristows "notification prior to sale of goods" demanding £235.39 by 29/12/2008 phoned said bailiff to ask "what goods" only to be informed that the charge had been levied on my car. i agreed to pay via installments @ £40 per month. 20 mins later a letter is pushed through the door which turned out to be a form levying on my car.(very shady imo) paid in full by 6/5/2009 have receipts totalling £235.39. contacted today via bristow stating i had missed a payment 30/12/2008. having shown the monkey at the door the receipts he agreed and said he would put a note on my file and to contact the office. this i did and after 49 mins of greensleeves i was told the payment had been found in a holding acc with no reference number attached. 1 hr 15 mins later i get a new letter through the door adding charges for another visit. my question is Why should i pay for thier poor admin? Is there anything i can do to dispute these extra charges? Are there any template letters to demand a full breakdown of charges and payments made? thanks in advance mark.
  14. got same problems sent same letter, no reply.
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