Bristow sutor... Again

[qwerty12345]

6 months ago I made an arrangement with these bailiffs to pay a set amount monthly. Up until a month ago I was keeping to the agreement, I missed the last payment as my newborn baby was seriously ill in hospital and I just totally forgot to pay.

 

I have emailed them and they informed me that they are willing to set up a new agreement at the same amount (they told me that the last agreement was temporary- news to me!) but anyway, they are asking for proof of income support, I no longer get income support but am receiving maternity allowance at the moment.

If I tell them that I am no longer receiving income support I am afraid that they will demand payment in full or not offer the agreement at the amount it is now (it's the maximum I can afford)

 

Also the form is asking for my landlords details, do I have to give these?

I have asked for a breakdown of costs as 6 months ago I only had about £100 to pay but they added hundreds on in fees.

May be worth noting that the only way they gave me a payment agreement last time was because I contacted the council involved and they stopped the bailiff action.

 

Any advice welcome

[brassnecked]

"May be worth noting that the only way they gave me a payment agreement last time was because I contacted the council involved and they stopped the bailiff action."

Why didn't you set up an agreement directly with the council?

 

that would have been the best option, any way you are still on low income with a new baby so may well still be vulnerable, offer to pay the council direct, at a rate you can afford and try to keep the bailiff away. If they have no levy, they have no leverage to add more fees, keep them out.

[BRIGADIER2JCS]

You are still on benefit just from a different ''source'' so that should not be a problem.

#No you do not have to give details of the LL, if this is for council tax the my attempt to say the LL is responsible, this of course is totally wrong.

[tomtubby]

If I am reading your question correct you have recently had a baby. When was this? This is very important as it would seem to me that you would be classed as "vulnerable" in accordance with the National Standards for Enforcement Agents.

 

When you set up the payment arrangement did you let the bailiff into your home (to levy upon goods) or was a levy made upon a vehicle?

 

Also, are the local authority aware that you have recently had a baby?

[wonkeydonkey]

6 months ago I made an arrangement with these bailiffs to pay a set amount monthly. Up until a month ago I was keeping to the agreement, I missed the last payment as my newborn baby was seriously ill in hospital and I just totally forgot to pay.

 

I have emailed them and they informed me that they are willing to set up a new agreement at the same amount (they told me that the last agreement was temporary- news to me!) but anyway, they are asking for proof of income support, I no longer get income support but am receiving maternity allowance at the moment.

If I tell them that I am no longer receiving income support I am afraid that they will demand payment in full or not offer the agreement at the amount it is now (it's the maximum I can afford)

 

Also the form is asking for my landlords details, do I have to give these?

I have asked for a breakdown of costs as 6 months ago I only had about £100 to pay but they added hundreds on in fees.

May be worth noting that the only way they gave me a payment agreement last time was because I contacted the council involved and they stopped the bailiff action.

 

Any advice welcome

 

I think we need to go back to the beginning with this.....you say hundreds of £'s have been added to this debt and in all honesty I suspect you could well be due a refund if these amounts can be seen to be unlawful. Let us try to sort fact from fiction with these fees and see if you are being ripped off.

 

Can you tell us:

1 - how many Liability Orders they have against you

2 - the dates they were obtained

3 - the addresses they were for

4 - the period of time each covers

5 - how much each one was for

6 - how much you have paid to date

7- how much the bailiff has added in fees

5. has the bailiff been in your home or levied on a vehicle you own

[qwerty12345]

Sorry, I should have been more clear in my first post.

 

The debt is 6 years old and I am now living in a totally different area- have been for 5 years (as an aside, b&s arent aware I have moved house again, im nervous to tell them but I suppose I will have to).

Last year the local authority that I owe the debt to, refused to let me deal/pay them directly.

 

They have 1 liability order against me as far as I am aware, i am not sure of the date of this but it was for an address the other side of the country from which i moved from 5 years ago.

The breakdown of costs provided to me as of may 2012 was:

Attendance on 21/09/11

Council tax & court costs £582.31

Attendance to levy fee £24.50

Levy fee £44.00

Walking possession fee £12.00

Redemption of goods fee £24.50

Total £687.31

 

Minus 7 payments of £35 = £245

 

New total £442.31

 

They then added £180 for a visit to my house

 

Since then I have paid 5 x £35 = £175

 

Unfortunately I did let them into my house (not this address if it makes any difference), the bailiff turned up when i was poorly, and more or less bullied his way in (which i gave in as my disabled son was getting distressed).

[tomtubby]

From your answer you will now understand why it is necessary to ask for the background. One small point is that the "redemption of goods fee" of £24.50 must be removed. The Ombudsman made this very clear in her highly critical report against Blaby District Council in July.

 

Do you remember what goods were levied upon?

 

Also, you should call the council today and ask them to confirm the precise amount of the LO and whilst on the phone....ask them to confirm how much they have received from the bailiff company !!!

[wonkeydonkey]

There will be a lot questions on this but please stay in there as straight away I can see possible discrepencies with these fees.

 

I would be inclined to suggest that if this 'levy' was done at a previous address then it cannot be given consideration to be currently 'active' but more importantly it begs the question....was that attendance on 21/9/2011 the only visit made by the bailiff for which these 'fees' have been added? You make mention to having a disabled child....that places you as a vulnerable household where enforcement is concerned,

 

You are going to have to email the bailiff for a breakdown of their fees ...you need dates and times etc of any visits that allegedly incurred the these fees, adapt the template below and send them a request for a fully detailed breakdown.,Until such time as we get to see what has been charged by the bailiffs and when I would suggest, if you have the reference for the CT year in question, start to make your £35 payment direct to the Council concerned using their online payment facility, if the bailiff does not have your current address I see no reason to give it to him.

 

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.

 

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"

[qwerty12345]

The things levied upon were a tv, microwave, chair... I'm not sure what else but it was nothing of great value and I no longer have the items that were levied (they were old so have been replaced)

 

I'm still awaiting a breakdown of charges and remaining balance from bristow, and I tried ringing the council but they wouldn't discuss it as the person I need to deal with is away until today, but I have already sent him an email as he was helpful last time so hopefully he will get back to me soon.

[brassnecked]

The things levied upon were a tv, microwave, chair... I'm not sure what else but it was nothing of great value and I no longer have the items that were levied (they were old so have been replaced)

 

I'm still awaiting a breakdown of charges and remaining balance from bristow, and I tried ringing the council but they wouldn't discuss it as the person I need to deal with is away until today, but I have already sent him an email as he was helpful last time so hopefully he will get back to me soon.

 

It is possible that the levy may be challenged as the goods levied were of insufficient value, and some items may be exempt, leading you to believe the levy was merely to garner fees for the bailiff. You could start the ball rolling with a Formal complaint about the levy, and others will be along soon no doubt with salient advice.

Edited January 9, 2013 by brassnecked

[qwerty12345]

I have had a reply from bristow... I will copy and paste below- I did request an arrangement of £35 a month in my original email to them.

 

We acknowledge receipt of your recent email, the contents of which have been duly noted.

 

Further to your recent enquiry, please find enclosed a statement of your account as requested.

 

We note from our previous email we requested a proposal of payment to be included with the documentary evidence supplied however this has not been included with the information provided. Whilst we have considered the documents provided and regret to advise that we are unable to enter into any further temporary arrangements as you are no longer in receipt of Income Support.

 

However we are prepared to consider a permanent arrangement and therefore require the following payments:

 

£138.31 required by 15/01/2013 followed by 2 monthly payments of £137.00

If you fail to make payment of any of the instalments detailed above, the agreement will be cancelled and the full sum will become due and payable, further recovery action will be taken against you.

 

Yours faithfully,

 

 

I am in receipt of maternity allowance which is a benefit, yet they are unwilling to accept that.

What do I do now?

[qwerty12345]

I should add this is in the name of my ex too who they have made no attempt to chase for the money, despite him working!

[BRIGADIER2JCS]

They cannot ask you to pay more than you can reasonably afford, an increase of nearly £100.00 on your offer is ridiculous, and breaches OFT Guidance which you can quote to them.

[BRIGADIER2JCS]

Is your ex paying anything at all??

[tomtubby]

This thread is really worrying me as it is CLEAR that the local authority should be addressing this case. You are clearly classed as vulnerable. !!!

[BRIGADIER2JCS]

I would suggestm Forml Complaint to the CEO of the authority asap.

[brassnecked]

As per Brigadier, Formal Complaint, to CEO, Leader, local member and MP stating also that you are likely vulnerable under the National Standards, and Bristols and Stupor are ignoring the standards by continuing to press you to pay amounts you cannot afford.

[wonkeydonkey]

I agree with TT...... to be asking you to pay an amount you clearly cannot afford while being classed as vulnerable is nothing short of ridiculous. This matter MUST be referred back to the Council and a formal complaint has to be sent without delay. B&S should be called into question for the way in which they have handled this debacle.

 

WD

[RaeUK]

... you have recently had a baby. When was this? This is very important as it would seem to me that you would be classed as "vulnerable" in accordance with the National Standards for Enforcement Agents. ... Also, are the local authority aware that you have recently had a baby?

 

This is important.

 

... (which i gave in as my disabled son was getting distressed).

 

This is just as important - if not more so!

 

This thread is really worrying me as it is CLEAR that the local authority should be addressing this case. You are clearly classed as vulnerable. !!!

 

This is, not surprisingly, also important.

[brassnecked]

Hi Rae, happy New Year, yes the vulnerability has been casually brushed away here by Bristol & Stupid, there are two elements here, that are indicative of an ongoing vulnerability in querty12345's situaion, the new baby, dependant on age, and the disabled child

How old is your disabled child, and what is the natyre of disability?

[qwerty12345]

My ex is not paying anything, they have never made an attempt to get money from him despite me giving them his phone number and address.

 

My disabled son is 5 years old and is severely autistic and has learning difficulties.

 

Can anyone tell me if the levy is still valid? It is from September 2011 and I have since moved house.

 

I will get on with writing a complaint now.

[brassnecked]

As you have moved house I would argue it is invalid, but the bailiff will claim it is still valid, but then he would as all he wants are fees

Edited January 10, 2013 by brassnecked

[tomtubby]

A few days ago I suggested calling the calling to request details of the Liability Order and to ask how much they have received from Bristow & Sutor. The council are also responsible for their agent charging a redemption of Goods Fee. Have you called them ?

 

The bailiff has charged you £180 to "attend to remove" items that are of NO value.

 

You are vulnerable and further...more you have a disabled child. PLEASE make sure that this account is brought to the attention of the Local Authority !!

[qwerty12345]

Thank you for all your help.

 

The council today agreed to stop all action against me and to pursue my ex partner for the money. If that fails then they have requested the case is returned to them and they will agree to a reasonable repayment amount with themselves.

 

I can't describe how relieved I am!

[wonkeydonkey]

Lovely ending to brighten up anyone's miserable day...well done and good luck.

 

WD