Bristow & Sutor - Help

[ToxicVoices]

Hiya, need some advice.

 

Stupidly let a guy from Bristow & Sutor into my home today, I apparently owe approx £800 for council tax from some years ago.

 

I have signed a 'Notice of seizure of goods' but after reading some posts on here I am wondering whether everything he listed he can actually take? He has listed the following on the inventory-

 

2x Sofas

Coffee Table

32" TV (Hire purchase - proof provided)

Laptop (Hire purchase - proof provided)

Playstation 3

Upright Lamp

Dining table + 4 chairs

Microwave

 

He was also looking for a washing machine etc to write on the list.

 

Are they allowed to take all these things if I miss a payment? They have also added fee's to the amount taking it from £808 owing to £936.

 

Any advice would be appreciated!

[MRSWESTHAM]

Hi ya

 

He cannot for definate take anything that is on HP. Someone clever will be along shortly regarding the other bits x

[Guest Happy Contrails]

A washing machine is excluded from being used as a levy for unpaid debts. The £128 fees dont look right, it appears the bailiff is trying to defraud you with his fees. Goods on finance belong to the finance company until the final payment is made.

 

The law prescribing bailiffs fees for collecting unpaid council tax is the Council Tax (Administration and Enforcement) Regulations 1992 and provides £24.00 for a first visit. He can charge a further £18 for a second visit. No other bailiff's fees can lawfully be charged if a bailiff has not moved your goods in a vehicle and you have not signed any document consenting to a levy or a walking possessions agreement (currently a flat rate of £10).

 

The following procedure currently has a 100% success rate. The letter below asks the bailiff to pass a truth-test about his fees. Three things can happen, 1) The bailiff can try to convince you his fees comply with legislation – and you now have a written confession he intended to defraud you. 2) He can refund you – and this is mitigation the bailiff intended to defraud you. 3) No reply – you can proceed with litigation against bailiff and council. In any event, you have caught the bailiff with pants at half mast with this letter.

 

The Bailiff Company

Their Address 1

Their Address 2

Their Address 3

Postcode

 

BY POST AND BY EMAIL

 

DATE

 

Dear Sir/Madam

 

Re: [YOUR NAME + REF]: Your fees.

 

I write following visits by your bailiff however there appears to an irregularity with your fees and I am writing to ask you to provide me the following within seven (7) days:

 

1) The name of the court that issued the certificate for the bailiff in charge.

 

2) Written itemised breakdown of a) your fees, and b) the original debt.

 

3) The name and address of the organisation that instructed you

 

4) a) Truthfully confirm in writing your fees are lawful and comply with legislation or, b) refund me the unlawful fees plus reasonable compensation for being cheated by your bailiff with his fees by midday the seventh day from the date of this letter.

 

A bailiff or any other person who dishonestly charges for work that has not been done will be committing an arrestable offence under the Fraud Act 2006. Section 2 of the Act specifically describes a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss therefore, if no satisfactory refund is made to me by 12.00 midday seven (7) days from the date of this letter I will automatically file a complaint to police under the 2006 Fraud Act and the Proceeds of Crime Act 2002. If you have charged VAT on unlawful fees then you may be reported for VAT fraud and your documents will be given in evidence.

 

Case law requires I recover unlawful bailiffs fees from your client that instructed you. If you fail to make the required refund within seven days I will automatically proceed by filing the claim at court.

 

This is a letter before action and is not a request to access any personal data about me in the meaning of the Data Protection Act 1998. It is delivered by Royal Mail and deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It now is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

 

Yours Sincerely

 

YOUR NAME

Copied to: [NAME OF COUNCIL]

 

Send a copy of the letter to the council along with a copy of the bailiff’s fee document.

 

Head of Revenue

Borough Council

Address 1

Address 2

Address 3

Postcode

 

[DATE]

 

Dear Sir/Madam

 

Re: Council tax arrears and your bailiffs fees

 

Please find a copy of a letter before action that has been delivered by even post to your contractor who is claiming you have instructed to act.

 

You contractor is cheating with his fees and it is my intention to reclaim them by filing proceedings in the small claims track if they are not refunded in full within seven days.

 

As the council is liable for its agents it is my intention to name the council as the principle defendant, however, Court rules require me to give the council reasonable opportunity to settle the claim beforehand.

 

If you wish to settle the claim, please pay me the sum described in the enclosed letter at the above address within seven days from the date of this letter.

 

You may wish to launch an investigation or make your own enquiries; this does not delay the proceedings being filed at Court, and to protect other taxpayers from being defrauded in this way, the case will pass to the Local Government Ombudsman.

 

These documents are delivered by Royal Mail and deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It now is your responsibility and in your best interests they are handed to the relevant person within your organisation.

 

Yours Faithfully

 

 

[YOUR NAME]

 

Encs:

1 Copy of letter to bailiff

2. Copy of bailiff document showing his fees.

[ToxicVoices]

If I failed to make payments would they be able to take everything he has listed then, except the hire purchase goods? I always thought sofas etc were not allowed to be taken.

 

On the 'Notice of seizure of goods' that I signed it states...

 

Council Tax/Non domestic rates and court costs - 808.68

Attendance to levy fees - 42.50

Levy fee - 49.00

Walking possesion fee - 12.00

Redemption of goods fee - 24.50

 

He reluctantly agreed to £5 per week to begin with as I am not working, but I will still struggle greatly to afford that at this current time.

[Guest Happy Contrails]

If I failed to make payments would they be able to take everything he has listed then, except the hire purchase goods?

 

Thats right but the baliff must leave you a chair each to sit on.

 

I am not working, but I will still struggle greatly to afford that at this current time.

 

Are you claiming a prescribed benefit? does this apply to you? http://www.dca.gov.uk/enforcement/agents02.htm#part10 Enforcement action may have to cease and the case returned to town hall administration.

[ToxicVoices]

The debt is in my name but myself and my partner are currently in receipt of ESA (Employment and Support allowance) because my partner is recieving medical certificates from her doctor as she is deemed unfit for work due to depression/anxiety and other problems.

 

This make any difference?

[Guest Happy Contrails]

Yes.

 

If you are vulnerable person then contact your doctor immediately. Ask for a letter confirming your medical status as a vulnerable person for the purposes of civil enforcement.

 

Print a copy of this: http://www.dca.gov.uk/enforcement/agents02.htm#part10

 

If you need help from a professional body in dealing with bailiffs then Z2K might be able to help. http://www.z2k.org/supporting-vulnerable-households

 

 

The Omnipotent Bailiff Co, Plc

Their Address 1

Their Address 2

Their Address 3

Postcode

 

DATE

 

Dear Sir/Madam

 

Re: Your visit to [1st LINE OF ADDRESS]

 

I write further to your visit by your bailiff and confirm I have been medically declared by a doctor to be a vulnerable person for the purposes of civil enforcement in the meaning of the National Standards for Enforcement Agents directives.

 

Where a debtor falling into a vulnerable persons category is discovered by an enforcement agent, the matter shall be referred back to the court and no seizure of goods may proceed.

 

This document is delivered by Royal Mail and I deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

 

Yours Faithfully

 

 

YOUR NAME

 

 

And send this letter to the council

 

 

Council Tax (Enforcements) Department

Invincible Borough Council

Address 1

Address 2

Address 3

Postcode

 

[DATE]

 

Dear Sir/Madam

 

Re: [YOUR NAME & ANY REF]: Visit by your bailiff

 

I write further to your visit by your bailiff and confirm I have been medically declared by a doctor to be a vulnerable person for the purposes of civil enforcement in the meaning of the National Standards for Enforcement Agents directives.

 

Where a debtor falling into a vulnerable persons category is discovered by an enforcement agent, the matter shall be referred back to the court and no seizure of goods may proceed. I therefore ask this case be taken back into council administration within seven (7) days of the date of this letter and confirm in writing to me at the above address.

 

This document is delivered by Royal Mail and I deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

 

Yours Faithfully

 

 

YOUR NAME

 

If the council fobs you off with excuses, quickly escalate your complaint to the Local Government Ombudsman.

[ToxicVoices]

Thank you for the advice. I am a little confused though as the debt is solely in my name, if a doctors note is recieved, that will only be in my partners name.

 

Will that not make it void - as I am classed as simply just 'unemployed' surely?

 

One more question, the baliff stated that anything that belongs to my partner he can also take, he mentioned something about common law, is this the case?

[ploddertom]

Hi

 

One thing you will learn through this forum is that the Bailiff will have you believe anything and as he knows the Law this is all fact.

 

The reality is that the Bailiff is nearly all fiction you will get more help and advice from here on your problem.

 

PT

[Guest Happy Contrails]

 

Will that not make it void - as I am classed as simply just 'unemployed' surely?

 

 

If you read my previous post, I quoted a link Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

 

it says unemployed people;

 

If you need help from a professional body in dealing with bailiffs then Z2K might be able to help. http://www.z2k.org/supporting-vulnerable-households

[ToxicVoices]

Yes I read it all, but you spoke of doctors letters etc which threw me off slightly. If I am to assume I would be classed as a vunerable person, where does that leave me?

 

Should I contact the council, the baliff company? - not sure.

 

Thank you for the link, I will check it out.

[Guest Happy Contrails]

 

Should I contact the council, the baliff company? - not sure.

 

 

Both.

 

Read my post above, it provides template letters .