Baliff Bristow and Sutor Unreasonable attendance fees and administration errors

[Miss Vye]

Hi.

XXX Council sent my parking fine to B&S on 26.05.09 I believe. I have paid 783 to B and S, (car park charge was £330 initially). the last payment made on 14.04.10. for 150.00. They demanded another £70.00 to be paid by 19.04.10. I said I couldn't and it would have to be 1st May 2010 when I got paid again.

I received message on ansaphone (out of country of business from 29.04.10 until 03.05.10) left on 30.04.10 at 10.16 a.m. and then again on 30.04.10 at 15.37 asking me to contact the baliff because he was going to remove my vehicle.

I returned home on Sunday 3rd May to find my vehicle removed.

He left the following documents:

1. date: 30.04.10 time: 10.10: Notice of removal expenses totalling 223.25 plus an URGENT ACTION required for a debt of £931.83.

2. date: 30.04.10 time: 16.00: Notice of removal expenses totalling 487.63 and a notice of seizure which outlines the follloing:

 

XXXP-6036: 110.00 (car park charge)

attendance to levy fees: 478.93

Costs incurred in attendance to remove goods: 867.25

Costs uncured in the removal of goods: 282.63

contracters fees incurred in removal of goods 205:63

Card transaction fee: 6.00

sub total: 2169.81

Less payments received: 578.

Sub total 1591.81

Storage and pre sale costs to be added: TBC.

 

1. In the space of six hours the debt went from 931.83 to 1591.81

2. the Payments I had made totalled 783 not 578

3. the charges to attend etc. seem extortionate?

4. He attended twice on the same day

5. the first attendnace he has put time down as 2 hours. what was he doing?

 

I phoned him on my return on 02.05.10 andhe said I had to talk to the office on Tuesday 05.05.10. I did. At 9.30 they said that they did not have the file back from the baliff and could not help. I should phone in the afternoon.

I phoned in the afternoon and they said the debt recovery officers were very busy and I would have to call back or they would call me. I called again.

 

Their response was

1. he made an error in the amount I had paid.

2. The fees weren't extortionate

3. He had every right to attend twice and charge the fees.

4. My car would be auctioned within five days if i did not pay.

5. If it sold for less than the outstanding debt of 1431 + storage charge, then I would be liable for the amount.

6. There were no more options to pay.

7. I had to attend the office and pay in cash or bankers' draft.

 

I stressed the following:

1. my car was essential for work (25+ miles from home and long hours)

2. the car was worth more than the outstanding balance.

3. I was not disupting I owed the council but disputing the additional fees.

 

I had to pay. It's taken my entire month's salary which means my priority payments mortgage and secured loan will fall behind.

I want to make the strongest possible complaints in an effort to make them respond, and maybe gain some recompense but I know that it is unlikely.

Please advise on any templates, legalities I could quote in correspondance.

Thank you!

[Guest Happy Contrails]

If they have taken your car, then pay the bailiff with a CREDIT card to recover your car, then recover the money for breach of contract using a chargeback. The fee for collecting a parking ticket is 28% of the fine, max three visits. The bailiff is having you on with all those fees.

[postggj]

you need to send a pm to tomtubby on this

 

you have been ripped off big time

[Miss Vye]

Thanks postggj. Very new to this site. Could you explain what a pm is? Is it personal message?

[Miss Vye]

Hi Happy Contrails.

Thanks for a quick response!

They said they would only accept cash or a banker's draft. Feel rather violated by the whole thing I have to say.

Have requested just used a template to request breakdown of costs and cc:d to the concil as well.

[Yoshiro]

Alot of them wont take credit cards anymore due to chargebacks.

[tomtubby]

Hi.

XXX Council sent my parking fine to B&S on 26.05.09 I believe. I have paid 783 to B and S, (car park charge was £330 initially). the last payment made on 14.04.10. for 150.00. They demanded another £70.00 to be paid by 19.04.10. I said I couldn't and it would have to be 1st May 2010 when I got paid again.

I received message on ansaphone (out of country of business from 29.04.10 until 03.05.10) left on 30.04.10 at 10.16 a.m. and then again on 30.04.10 at 15.37 asking me to contact the baliff because he was going to remove my vehicle.

I returned home on Sunday 3rd May to find my vehicle removed.

He left the following documents:

1. date: 30.04.10 time: 10.10: Notice of removal expenses totalling 223.25 plus an URGENT ACTION required for a debt of £931.83.

2. date: 30.04.10 time: 16.00: Notice of removal expenses totalling 487.63 and a notice of seizure which outlines the follloing:

 

XXXP-6036: 110.00 (car park charge)

attendance to levy fees: 478.93

Costs incurred in attendance to remove goods: 867.25

Costs uncured in the removal of goods: 282.63

contracters fees incurred in removal of goods 205:63

Card transaction fee: 6.00

sub total: 2169.81

Less payments received: 578.

Sub total 1591.81

Storage and pre sale costs to be added: TBC.

 

1. In the space of six hours the debt went from 931.83 to 1591.81

2. the Payments I had made totalled 783 not 578

3. the charges to attend etc. seem extortionate?

4. He attended twice on the same day

5. the first attendnace he has put time down as 2 hours. what was he doing?

 

I phoned him on my return on 02.05.10 andhe said I had to talk to the office on Tuesday 05.05.10. I did. At 9.30 they said that they did not have the file back from the baliff and could not help. I should phone in the afternoon.

I phoned in the afternoon and they said the debt recovery officers were very busy and I would have to call back or they would call me. I called again.

 

Their response was

1. he made an error in the amount I had paid.

2. The fees weren't extortionate

3. He had every right to attend twice and charge the fees.

4. My car would be auctioned within five days if i did not pay.

5. If it sold for less than the outstanding debt of 1431 + storage charge, then I would be liable for the amount.

6. There were no more options to pay.

7. I had to attend the office and pay in cash or bankers' draft.

 

I stressed the following:

1. my car was essential for work (25+ miles from home and long hours)

2. the car was worth more than the outstanding balance.

3. I was not disupting I owed the council but disputing the additional fees.

 

I had to pay. It's taken my entire month's salary which means my priority payments mortgage and secured loan will fall behind.

I want to make the strongest possible complaints in an effort to make them respond, and maybe gain some recompense but I know that it is unlikely.

Please advise on any templates, legalities I could quote in correspondance.

Thank you!

 

 

I am really sorry, but I am finding it a little difficult to understand precisely what you have paid. In the first sentence you have said that you had paid £783 and then further payments were also made. Can you explain this further.

 

Also you say that they have had the debt since May 2009. That is nearly a year ago. Is this correct?

 

When you set up a payment plan was this following a visit?

 

Had you received the original PCN/Notice to Owner and Order for Recovery?

 

How old was the car and was it on finance?

 

When you made the payment arrangement, was this over the telephone and was it confirmed in writing?

 

You also state that the bailiff has apparently made an error in the amount charged Can you explain.

 

From what you have said, this must surely be the most excessive charge that I have ever seen and I have a commercial business advising the public with bailiff enquiries !!

 

The fees are NOT CORRECT in any way at all and frankly, this case really should be brought to the attention of the Chief Executive of the local authority immediately as they are wholly responsible for the charges. The Ministry of Justice would also be very interested !!

[Miss Vye]

Hi,

Sorry for the confusion.

I have paid £783 in instalments until April 14th 2010 and then gave them a bankers draft for 1466.48 to get my car back on May 5th 2010.

 

Yes, they have had the debt scine May 2009.

 

A payment plan was set up following a visit.

 

Yes, I received the parking charge notice but not the order for recovery.

 

The car is a puma and is 8 years old. It's not on finance.

The payment arrangement was over the telephone but not confirmed in writing.

 

The baliff claimed that I had paid 578 when the total was 783.

 

Hope this clears things up and would be very grateful for any further steps I can take.

[Miss Vye]

Hi,

Could anyone please help with templates / legal quotes for a complaint letter to Bristow and Sutor?

I've paid £2202 for a parking charge!

[ploddertom]

Send them something similar to this, use and adapt to your own needs - send by email and Signed For letter ASAP:

 

"From:

My Name

My Address

 

To:

Acme Bailiff Co

Bailiff House

 

Ref: Account No: 123456

 

Dear Sir

 

With reference to the above account. Can you please provide me with a breakdown of the charges including Computer Screenshot.

 

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at.

e - the date of the Certification.

 

This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

 

I require this information within 14 days.

 

Yours faithfully

 

Ripped off customer"

 

PT

[Miss Vye]

Hi

Thanks for this ploddertom!

I'll also cc: the relevant council as well.

Will update once I get a reply.

Thanks again. It's good to to do something active!

[tomtubby]

Hi,

Sorry for the confusion.

I have paid £783 in instalments until April 14th 2010 and then gave them a bankers draft for 1466.48 to get my car back on May 5th 2010.

 

Yes, they have had the debt scine May 2009.

 

A payment plan was set up following a visit.

 

Yes, I received the parking charge notice but not the order for recovery.

 

The car is a puma and is 8 years old. It's not on finance.

The payment arrangement was over the telephone but not confirmed in writing.

 

The baliff claimed that I had paid 578 when the total was 783.

 

Hope this clears things up and would be very grateful for any further steps I can take.

 

Can you find out the precise date of the Warrant of Execution. If the bailiff company refuse to provide this then you will need to ring the local authority.

 

PS: You really must request a copy of the SCREEN SHOT of your account. These fees are simply incredible and are excessive in the extreme.

[Miss Vye]

Hi Tomtubby.

I'l find out the precise date of the warrant of execution.

I've requested a copyh of the screen shot of my account and have copied the local authority. They have acknowledged receipt of the letter sent but nothing as yet from Bristow and Sutor.

 

Many thanks.