bristow & sutor

[charlenescott]

hi all.

i need some help i to owe money to my local council and its alot £4000 but i found it hard to keep up my council tax payments and over the years and charges from bistow and sutor it all adds up any way here is my story.

 

in june 2007 b&s turned up and i open the door and let them in only because he told me i had to as he had the law on his side so i did and i also had to pay £278 that day, i made an greement to pay £200 amonth but i was 1 day late paying it and they cancel the agreement and said that there coming for my belongings any way i had to move house and they found me 12month later and ive been trying to come to an agreement with them but they keep stating that i have to pay £940 amonth i cant afford that kind of money.

i have even offerd my child benifit money but thats not good enough (297 amonth ) they have been back about 5times now and keep pushing the letters though my door stating that a removel team come today to remove my goods.

the thing is i dont have half of what they levied on can they still take things that they havent listed and thay also now that i have a disabled daughter and they even tryed to take that can someone please help me i dont what to do i have even wrote to the courts for help amd the council dont want to know:( please can i have some advise on what i should do, i have 5children and my husband works away so im at home on my own till friday night when he returns but hes back away on a monday so im frighted when im home alone .

[hallowitch]

stop panicking and try not to worry to much

there are some very knowable people on here and they will be along soon to help you

they cannot take things that are not listed on the levy

[charlenescott]

please could someone help me im having sleepless nights over it all.

[sillygirl1]

Mods, can this be put to Tomtubby as a matter of urgency.

 

As you have a disabled daughter you should be classed as vulnerable - go back to your council IN PERSON today and ask to speak to somebody senior in the recovery department. DO NOT PHONE ANYONE as you will be given the run around. Show up in person with ALL the documents from the bailiffs.

 

Also make an appointment to see your local MP, they should also be able to help.

[hallowitch]

have sent chris600uk a pm hopefully he will be here soon to help you

he is very very good at helping with bailiffs

[Fair-Parking]

So the bailiff gained entry by lying to you? He had no right of entry and he knew it. Thus he has gained pecuniary advantage by misrepresentation. He gained entry by deceit and taken money via both misrepresentation and deceit. That is an offence under section 2 of the Fraud Act 2006. That should also tell you that any 'agreement' you had with this fraudster is null and void. It is not only null and void because of his deceit but because it was also gained under duress.

 

My advice is to talk to the council and tell them flat that you were deceived into allowing entry to this man and that had you known that he had no right of entry you would have refused to allow it. Tell them that this fraud and deception was committed in their name and that now you know that you have been deceived, you will no longer deal with the bailiffs.

 

Arrange a payment scheme with the council and do NOT include any bailiff fees or any other amounts not written onto the magistrate's liability order. The council cannot refuse any payment you offer. The bailiffs can ask for £42.50 and no more. Equally you can refuse to pay this as they do not have any court order specifying that you should pay them.

 

And no, the bailiffs cannot take anything they have not listed on an inventory in any event. Nor can they take anything that does not belong to you, nor take any essential household items.

[chris600uk]

Well, to begin with I agree with FairParking completely.

 

 

i have even offerd my child benifit money but thats not good enough (297 amonth ) they have been back about 5times now and keep pushing the letters though my door stating that a removel team come today to remove my goods.

 

As far as I can see, it seems as if there has been a 12 month gap between the last time you paid them and when they caught up with you this time. If they believed that they had the right to force entry they would have done it by now.

So I would be inclined to ignore them, and to start paying the council directly online, small sustainable regular amounts.

 

i have a disabled daughter and they even tryed to take that can someone please help me i dont what to do i have even wrote to the courts for help amd the council dont want to know:( please can i have some advise on what i should do, i have 5children and my husband works away so im at home on my own till friday night when he returns but hes back away on a monday so im frighted when im home alone .

 

 

I don't know how far you are prepared to go to resolve this problem.

Personally I would go all the way.

Trouble is, I can't tell you how to do that on a public site, or by PM (there are people who can read pm's), but to give you a not so subtle hint: If you so arrange your life so that the bailiffs are taken out of the equation, that might give you the peace of mind you desire.

 

Go through the list of "vulnerable" categories and you'll see what I mean.

 

But the answer is in the quoted bit above, and it only needs to be for a year or so while you get yourselves sorted.

[charlenescott]

hi there still need some help with this one i want to pay the council but i dont know the property id or account number to pay online and also i had a letter from b&s stating that they are handing the debt back to the local council but i get a letter from the council stating that i have to get with b&s to tell them how i intend to pay the debt.

im scared that because i havent paid i will be sent to prision i have a disable daughter and a baby on the way im so stressed i dont know what to do anymore my husbands away in london working and im having to fight this on my own.

 

please help me.

[scatz1972]

You need to contact the council by telephone if necessary and find out the billing number and years so you can start paying the council direct. If B&S are handing the account back to the council this is GOOD news, you want to deal with the council direct.

 

As soon as you have the billing number you need to write to the council with an income and expenditure form, offer them a reasonable BUT MAINTAINABLE repayment scheme, remember you have this years bill aswell now. You then need to start paying them direct making 100% crystal clear what money is going where, and stick to it. You are WILLING to pay your council tax, the people that get sent to prison are very few and far between and its due to them being UNWILLING to pay their council tax.

 

How advanced is your pregnancy?

[charlenescott]

im 21 weeks pregant, i also have a disabled daughter, ive tried to talk to the council but there saying that because i made an agreement back in 2007 but didnt stick to it there not willing to take a payment agreement anymore and that the baillifs are keeping the account, i have offerd my child benefit to them but still they dont want to take it ( its £297 amonth ),

[scatz1972]

Hi

 

You are classed as potentially vunerable according to the National Standards for Enforcment Agents, and the bailiff should return your case to the council.

 

Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

 

Heres a letter to send to bailiff company, you can either request that they send the account back to the council, the letter does give the option to ask the bailiff company to accept a reasonable payment plan. However, you really want it to go back to the council.

 

You need to send some kind of written proof of your pregnancy, perhaps a hospital letter etc.

 

You need to send a copy of the letter to the council as well, with a covering letter telling them that you have sought advice and that you want the account taken back off the bailiff company as due to your pregnancy you are potentially vunerable according to the national standards for enforcement, which were produced by the Lord Chancellors Department.

 

With the letter enclose an income and expenditure sheet and a reasonable and maintable repayment schedule, make it clear that you are willing to pay your council tax. Enclose your payment and make it crystal clear that it goes against the arrears, remember to write the billing number and year on the back of the cheque, as you dont want all of the money going on to this years bill.

 

Send ALL letters recorded delivery, and keep copies of all of your correspondence. Phone calls can be denied.

 

To: Bailiff Company

Date:

 

Dear Sirs,

Re: Account reference.

I refer to your letter dated (enter date) informing me that your company have been instructed by (enter local authority) to enforce a warrant/liability order etc against me, in respect of (a parking charge notice/council tax etc).

In your letter you state that you will be visiting/returning to my home to (seize/auction etc my goods.) unless full payment of (enter amount) is made by return.

The purpose of this letter is to advise your company that I believe that (my/our) circumstances fall within the category as contained within the National Standards for Enforcement Agents of “vulnerable situations”. The reason for this is that (explain your circumstances, and provide some evidence, if possible) see note below).

Accordingly, I would like to request that you do not visit my property as this would cause undue stress and anxiety. Instead, I would like to request that you (return this case back to the local authority/or accept payment terms as outlined etc) I would be grateful if you could confirm safe receipt of this letter, and confirmation that (payment terms have been agreed/or case returned to the council)

I am copying this letter to my Local Authority. (ensure that you keep a copy and send recorded delivery)

 

Yours Faithfully.

 

People classed as potentially vunerable include:

 

the elderly;

people with a disability;

the seriously ill;

the recently bereaved;

single parent families;

pregnant women;

unemployed people; and,

those who have obvious difficulty in understanding, speaking or reading English.

[chris600uk]

And speak to your local councillor and MP as well, they can apply pressure from above.

[chris600uk]

im 21 weeks pregant

 

Reason 1 for taking the account back

 

have a disabled daughter

 

Reason 2.

 

i have offerd my child benefit to them but still they dont want to take it ( its £297 amonth ),

 

What they mean is, they want you to borrow money and give it to them.

 

 

What's happening now?

[diddydicky]

you will need to include independent evidence from a doctor, midwife etc that you are pregnant.

 

you are classed as vulnerable,

 

you need to TAKE the letter to the council and demand to speak to a senior manager about the debt and get the bailiffs called off by THEM

 

Then you need to go to CAB and get some help with your finances and sorting them out.

 

there might be an issue if you have removed or concealed goods that had been listed at the previous property, however if the bailiff has not gained entry at your current property he cannot use entry at the previous one as the basis for forced entry at your new one

 

get a chain put on the door and only talk to the bailiff if he calls through the chained door.

 

this can be sorted out but you need to be pro active and take yourself to CAB and the council

[charlenescott]

thank you for all your help im going to the council office this week im scared that there not intrested in helping me and send me to prison, i have been offering to pay but i keep being turned down, there must some kind of rights i have if they wont take money off me i dont have my account number or the property id number to pay anything off i have but some funds aside for thrm to take.

[scatz1972]

thank you for all your help im going to the council office this week im scared that there not intrested in helping me and send me to prison, i have been offering to pay but i keep being turned down, there must some kind of rights i have if they wont take money off me i dont have my account number or the property id number to pay anything off i have but some funds aside for thrm to take.

 

 

They wont send you to prison, on the rare occasion that someone has been sent to prison for non payment of council tax its because they wont/refuse to pay, you WANT to pay, so just relax about that.

 

Have the council refused to give you the billing reference? if its a case of you simply not knowing it then you need to get in contact with the council and ask for it, this will enable you to start paying the council direct online.

[diddydicky]

this is why you need to act through athird party which as CAB so that you have PROOF that your offers to pay are being ignored

 

you WILL NOT under any circumstances be sent to prison given your circumstances so get that thought out of your mind

 

take a friend with you to the council to witness what is being said and to give you support

[charlenescott]

hello,

its been along time since i updated this but i have been in hospital as you can see i was expeating a baby when i last wrote on here but with all the stress i was under from bistow and sutor i got very poorly and my baby was born 10weeks early due to having an placental abruption i lost alot of blood and me and my baby were 30mins away from death my baby is still quite poorly and hes now 4 1/2 months old and still very small with bresthing problems.

we moved property and did tell the council and guess what we had a lovely letter from B&S, stating that they will be coming to remove my goods.

B&S were told that i was expeating and i showed the bailliff proof but he said he wouldnt go away any way i want to know how to go about complaining against them and also a bit of info on how they said that they were handing it back to the council on the 1-4-09 but they still kept coming and they still have it i have all letters and on there letters there charging me 300 pounds in charges, i dont know what to do next the council wont take my offer the bailiffs are playing dirty and i have 6 children 1 poorly baby that is in and out of hospital and a disabled daughter what can i do i cant pay anymore than 100 pounds amonth and all together i owe 3000( i know its alot but its little bits of council tax from over alot of years)please help me im so stressed out about it all i know who to turn to.

[diddydicky]

the bailiff is bound by law to leave you alone if you are preggers

[hallowitch]

this is a bit complicated simply because it is a mess from start to finish

the council should have taken this debt back when you were pregnant and a payment plan should have been set up

send tomtubby a PM and ask for her help

 

i would also go and see your MP

 

from your first post i see the bailiff has been in your home do you still have the walking possession agreement there is a list of exempt goods that a bailiff cant levy on can you post the goods listed on the WPA

[gallygaskins]

These bailiffs aren't acting on behalf of Shropshire Council are they?

 

PM me if they are!

[charlenescott]

please please help me B&S come 10mins ago with a notice of force entry i dont know what to do ive tried to sort it out with the council but its no good anymore no one wants to know i try to arrange apayment plan but they turned it down what can i do please advise me

[hallowitch]

have you been to see your MP

 

can you scan up the notice of force entry

[Nintendo Pü]

have you been to see your MP

 

can you scan up the notice of force entry

 

Bailiffs CANNOT break into your home.

 

I second Hallowich's advice, can you produce that bailiffs document, you will need this to make a complaint to police. Threatening to break in is a criminal offence. If they threaten you with locksmiths - they commit an offence called Going Equipped to Burgle. All are crimes under the 1967 Theft Act.

 

You DO NOT have to let council tax bailiffs into your house. Keep your door locked shut at all times if they turn up.

[diddydicky]

Bailiffs CANNOT break into your home.

 

I second Hallowich's advice, can you produce that bailiffs document, you will need this to make a complaint to police. Threatening to break in is a criminal offence. If they threaten you with locksmiths - they commit an offence called Going Equipped to Burgle. All are crimes under the 1967 Theft Act.

 

You DO NOT have to let council tax bailiffs into your house. Keep your door locked shut at all times if they turn up.

 

notwithstanding which, if they are claiming a forced re entry pursuant to the peaceful entry , then if the previous peaceful entry was at another property it does not entitle "re entry" to the new one.

 

also check the warrant he is using- they usually have only a 6 month shelf life