bristow and sutor help!

[gkh_1985]

thanks for having a look and seeing if you can help me

 

yesterday morning i opened the door to a bloke from bristow and sutor. i let him in (wouldnt normally but id not long had a seizure so i wasnt to alert at this point) i owe 400 pound for council tax and their fees. this has been accrued since april of last year until around november when i got housing benefit. the bloke walked round my house and listed the possesions, but i had informed him none of the stuff (except xbox 360) was mine as i rent fully furnished. he said ok thrust papers in front of me which i naively signed (walking possesion notice)

 

The fees are as follows:

Council tax - 339.35

attendance to levy fee 24.50

levy fee - 35

walking possesion fee 12

redemption of goods fee 24.50

total - 435.35

 

what can they actually do now? im unemployed and am also bankcrupt ( iwas declared bankrupt on 22/04/08 but my council tax is not included in my bankrupcy as its been accrued since.

 

any help would be much appreciated.

 

gary

Edited June 19, 2009 by gkh_1985
added fees

[hallowitch]

does your tenancy agreement say you rent your property fully furnished

[gkh_1985]

hi, thanks for your reply. yes, my tenancy agreement states that i rent the house fully furnished and i have an inventory. does the fact that i'm bankrupt affect what they can do?

[hallowitch]

right send a copy of your tenants agreement to bailiffs tell them they have an invalid levy as you own nothing in the property tell them you explained this to attending bailiff and showed him a copy of you tenancy agreement but he still went ahead with the walking possession agreement ask them to remove all charges connected with this

 

write to council and ask them to take the account back from bailiffs explain about the unlawful levy(include copy of letter you sent to bailiffs and copy of tenancy agreement ) and ask them to take payments direct from j s a

sorry i don't know anything about bankruptcy

[hallowitch]

i assume that the stuff on the walking possession agreement are the same stuff that is on the landlords inventory send a copy of this also to the bailiffs and the council

[gkh_1985]

ok, thanks alot for the help guys. if anyone knows whether me being bankrupt makes a difference let me know as the bailiff said they couldn't enter a financial agreement with me due to my bankruptcy

[hallowitch]

i would say it should make no difference as you are not signing a credit agreement

 

perhaps it would be a good idea to post that question in the bankruptcy section best place get an answer i would have thought

 

i wouldn't mind knowing the answer myself in case someone else asks

[gkh_1985]

ok, well i'll send them the stuff and will post what relevance the bankruptcy order is.

 

cheers hallowitch for you help

[hallowitch]

i would also put in your letter to the council that because of your bankruptcy the bailiff has refused to enter into an payment agreement this is another reason to get payments taken from JSA

 

 

have a read of this its why the bailiff does a walking possession agreement

if he wont enter into a payment agreement why has he done a walking possession agreement

 

(3) An authority takes close or walking possession of goods for the purposes of head D of the Table to paragraph 1 if it takes such possession in pursuance of an agreement which is made at the time that the distress is levied and which (without prejudice to such other terms as may be agreed) is expressed to the effect that, in consideration of the authority not immediately removing the goods distrained upon from the premises occupied by the debtor and delaying its sale of the goods, the authority may remove and sell the goods after a later specified date if the debtor has not by then paid the amount distrained for (including charges under this Schedule); and an authority is in close possession of goods on any day for these purposes if during the greater part of the day a person is left on the premises in physical possession of the goods on behalf of the authority under such an agreement.