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Urgent advice please - c tax & bristow sutor


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Hi Guys

 

I have a visit coming this week from Bristow & Sutor (told on the phone probably tomorrow) for an o/s North warks council tax bill app £900. I have a few queries i am looking to clarify

 

1) i know not to let them in but am i correct to say they can only call twice before they have to return debt to council?

 

2) i will be at work - can they climb over a 6ft fence ( i have dogs and leave the back door open normally)

 

3) i tried to set up arrangement with council and then baillifs over phone but they told me the baillif must visit - am i best to send letter of offer to council as per template on this site?

 

4) i have a bill of sale - selling all my possessions to a friend done in spetember to cover this eventuality , in case they did gain access, is this valid. It is a legal document, in theory, as we both signed it. ( i also have a hire agreement renting all goods back). Will this stand up against them?

 

What is the advice as to how play it with bailliffs.

 

Look forward to replies

 

Regards

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Hi Guys

 

I have a visit coming this week from Bristow & Sutor (told on the phone probably tomorrow) for an o/s North warks council tax bill app £900. I have a few queries i am looking to clarify

 

1) i know not to let them in but am i correct to say they can only call twice before they have to return debt to council? No - they will make several visits

 

2) i will be at work - can they climb over a 6ft fence ( i have dogs and leave the back door open normally) Yes & if you leave your door open they can then enter, providing they can get past the dogs - do you have a notice advising the dogs are running loose. Please note - the owner may be liable if the animal prevents access by or injures innocent visitors on lawful business. That person may sue if their entry is under a legal right. In my view he would be stupid to try but there again a lot of these people don't have a brain.

 

3) i tried to set up arrangement with council and then baillifs over phone but they told me the baillif must visit - am i best to send letter of offer to council as per template on this site? Ignore the Bailiff totally and pay the Council direct via their website or automated phone. The Bailiff only wants to visit to gain entry whereby he can seriously bump his fees up.

4) i have a bill of sale - selling all my possessions to a friend done in spetember to cover this eventuality , in case they did gain access, is this valid. It is a legal document, in theory, as we both signed it. ( i also have a hire agreement renting all goods back). Will this stand up against them? Have you followed through with the Bill of Sale Acts 1878 & 1882 as there are other numerous procedures & formalities to follow.

 

What is the advice as to how play it with bailliffs.

 

Look forward to replies

 

Regards

 

PT

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Thanks ploddertom

 

I may have misworded the point re sale of goods

 

I "sold" them to a friend as an outright sale and then "rented" the items back i have looked at the acts you mentioned and they seem to be based loosely on a pawnbroker scheme??

 

Mine is more a straight sale - is this still covered by the act?

 

is there any way to stop them repeatedly trying to gain access or do we just have to rough it out?

 

I've told them on phone that i wont allow access - maybe a mistake

 

regards

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If they can't get in that's their tough luck, please be aware that they can seize/levy goods outside - such as a car or garden furniture - in extreme cases they have been known to seize livestock. As for your goods that is a bit of a grey area and may not stand up to scrutiny but if they are not going to gain entry then it doesn't matter. It is not an overnight experience and you are in for a bit of a long slog. Have a good read of some of the other threads and you'll get a feel for things.

 

PT

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Me too! The main thing though is to make a payment directly to the council and to keep making payments this way (online or automated phone). Sadly the council and bailiffs lie when it comes to these things. They can call the bailiffs off perfectly easily by picking up a telephone, they just say they can't. Don't give bailiffs access, if you know thy're coming try to find a way to record things - bailiffs often trip themselves up this way. Ask them to post their identity through the door - make a note of their names and the issuing court and check to see that they're certificated. Any conversation either through the letterbox or an upstairs window.

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