Bristow & Sutor - Advise please

[sbchamb]

Hi everyone,

 

I've had real difficulty with a collection company called Bristow & Sutor due to council tax arrears and I am planning on taking them on to recover what I feel are excessive and disproportionate charges. I paid over £500 to them last month half of which was for 'charges'.

 

I won't bother you with all the details because it is quite a long story but I would really welcome any advise from people who have crossed swords with Bristow and Sutor before. My main grievances are:

 

• They have never shown me any breakdown of charges. Amounts always seem to vary and they give no explanation.
  
• They levied against a vehicle that is on a HP agreement and therefore technically I do not own (I believe this is something they can't do and they were told about the vehicle being on HP)
  
• They have charged me for attending to collect the vehicle when they didn't even come to my property, they just threatend my wife over the phone.

Any help would be very welcome.

 

Thanks

Stuart.

[lesser1010]

Dear Sir/Madam,

Re: Your Reference

 

I understand XXX Council has appointed you to recover my Council Tax Liability arrears for 200x. which are £xxxx Council Tax Liability.

 

Firstly I would like to make you aware that I am aware of my rights and you will not gain entry to my home under any circumstances to levy goods and the fees allowed under statue and when which fees can be applied.

 

Due to my circumstances I am unable to pay this in one payment. I advocate a payment schedule of 24 months with 23 months payments at £xx.xx and the balance of £xx.xx to be paid on the 24th month to cover the principle. I understand this may seem a long time but this is a realistic offer that is affordable to me and will allow me to pay future bills issued for Council Tax without them falling into arrears. A greater amount would cause me real and factual hardship.

 

I am able to pay the above amount on the xx of each month, as an act of good faith I have enclosed the first payment chq number xxxxxx. Please advise how you would like future payments made. My personal preference is payment by Standing Order.

 

It should be noted that I am not at any point refusing to pay this debt but only asking for a fair payment period considering my circumstances. And if you are unable to accept my offer I will place the money aside each month until such a time the council take the account back into their management, when I will make payment of the set aside money to the council.

 

Please forward a statement of account to myself within 7 working days. Please ensure that the statement is itemised ands shows clearly payments made by me and the charges applied by yourself.

 

I am sending the council a copy of this letter and requesting that it be filed with my account for further reference.

 

I hope the above meets your approval and I look forward to your timely reply by letter.

 

Yours faithfully,

__________________

[sbchamb]

Thanks for this reply Lesser but I should have pointed out that I have now fully paid the amount owing. My bugbear is the excessive charges I have had to pay (mostly without my knowledge) and I would like to take action to try and recover them. The problem is I don't really know how to and I'd like to know how other people have tackled this problem.

 

Thanks again,

Stuart.

[sequenci]

did they gain entry to the property?

 

if so did they make a levy?

[sbchamb]

No they have never gained entry to the property and have not levy against any possessions but whilst I was at work one day they did list my wife's vehicle because it was sitting on the driveway and they wouldn't go away. This vehicle is on a 4 year HP agreement which we are half way through.

[Guest Zooman]

go lets say they made a levy then, tell me how much it went to them at and I will tell you their fees.

[Guest Zooman]

They have never shown me any breakdown of charges. Amounts always seem to vary and they give no explanation.

1) we will get you these though the council as they will never send them.

 

They levied against a vehicle that is on a HP agreement and therefore technically I do not own (I believe this is something they can't do and they were told about the vehicle being on HP)

2) That is a levy, we may be able to argue it but if it went to a tax hearing a judge would ask if you showed them paper work and if answer is no he will count it as a levy.

They have charged me for attending to collect the vehicle when they didn't even come to my property.

3) You will need to prove this, how did you pay.

[Guest Zooman]

Dear My Council,

 

I am writing in regard to the recent account I had with your bailiff.

 

I have asked the bailiff company for an itemised statement of the account and so far this has failed to be sent.

 

I am now asking that you instruct your bailiffs to send the information I am entailed to under statue. I require a statement of account within 7 working days. Please ensure that the statement is itemised and shows clearly payments made by me and the charges with desperation applied by your bailiff.

 

I require this information as I believe that I have not been charged in line with the fees set down in statue, may I remind you that you have a duty of care to me and as the the employer of the bailiffs you have a responsibility that the bailiff are acting under the guidelines set down in law.

 

If I fail to get the stamtements I will issue a subject access request to both the bailiff firm and the council under the Data Protection Act and I will also make a formal complaint to the council over failure of the duty of care.

 

I should also warn you that if the charges applied to my account are greater then that set down in statue I will be making a formal complaint to the council over your failure to police the agents you employ and as such the failure to the local people of your duty of care to them.

[sbchamb]

Zooman, thanks for the advise. The sequence of events was this:

 

• After making a seies of payments to them we stopped paying because we belived we had paid the debt but they visited us for full payment or removal of goods. My wife refused to let them in so the bailiff agreed to allow my wife to pay an installment only if she took the details of the car. My wife agreed to this and paid an installment. Despite requests they never sent a breakdown of the payments or the charges.
  
• We paid another couple of installments in the months following before stopping the payments because they had not sent any proof that we still owed them anything. So they visited us again in a van stating they had come for full payment or the vehicle. I emphasise a van because the car is a 4X4 and they could not recover a vehicle using a transit van. My wife had to pay an installment to get rid of them.
  
• Again despite requests no statement or breakdown was sent and so we made no more payments. They then phoned our house and my wife answered and they said they were on their way round to collect the vehicle unless we paid a final installment of £230.00. My wife gave them my debit card number and they took £504 out of my account. The additional amount of £274.00 was for their 'charges'. They did not tell my wife this was going to be taken they only stated £230. I only found out when I checked my balance a few days later.
  
• We phoned them and complained and they said they were entitled to charge taht amount because they had the recovery vehicle and the men to take our 4X4 but they didn't even attend the house. We got no paperwork, receipt, statement, nothing. They basically fobbed us off.
  
• We complained to the council and the also washed their hands of it and referred us back to the bailiffs. I have now received a compliant form but I don't have any faith it will do any good. Have I got grounds to take legal action?

I hope I've given you enough background on the case without waffling too much and I really appreciate any help you can offer.

 

Sorry I meant to add that I do habve the necessary HP documents for the courts to view if necessary.

 

Thanks

Stuart.

[Guest Zooman]

1st thing is the statement, do you have a fax machine as you could say you want a fax within 3 days

[sbchamb]

I have one at my office that I could use. Should I fax them and demand the satement or write a recorded delivery letter so I have proof of asking?

 

By the way Bristow and Sutor are used by Warwick District Council.