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My partner built up a lot of outstanding CT in 2011

and had a visit from a man from Bristow and Sutor and agreed to make monthly payments of £65.

 

They sent her a DD mandate which she gave to the bank and payments were took every month no problem.

 

about a month after the last payment went a letter was posted while she was out

they had visited to remove goods or take payment of £200.

it seems the DD Mandate they gave us was a month short.

 

Then we had a visit from them,

I said she wouldn't be paying and we had wrote to their office,

 

the bailiff shouted loudly trampled her flowerbed and said they would be returning with a locksmith,

 

they posted a letter giving us a few hours to come up with the money or they would be forcing entry

citing Khazanchi & Another v Faircharm Investments and McLeod v Butterwick March 1998. they didn't return.

 

I got my partner to pay the outstanding CT to the council via their online facility and informed them this cleared all outstanding

as far as the council are concerned but they refuse to instruct B&S to back off who still they still think they are entilited to £140

(late fee, for visit i know exactly but whatever it is it cant be right shes already paid for two visits

they made no collection of goods so my understanding is we shouldn't have to pay.

the only reason there was a delay in the last payment is because they made a mistake,

 

thankyou for any help.

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Hello Sjay83, welcome to the CAG.

 

Enjoy your visit, but take some time to look around the forum and understand where everything is.

 

It can seem confusing at first but you will start to find your way round and to understand what a helpful community we are.

 

You haven't received any replies to your post yet. Try posting your query again in a relevant sub-foum. You will get the help and support you need there.

Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

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you owe nowt.

 

just to be safe

 

do the following:

 

if you can pay you should be paying the council

direct via your internet banking site

never ever pay a bailiff.

.

Here is something to be getting on with. First of all establish from the Council how much was owing etc You need to speak to someone at the Council and ask the following questions:

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 is still outstanding

7 - the dates they were passed on for enforcement

8 - the dates & amounts of any payments

.

Next you need to send off for a breakdown of the charges the Bailiff applied. Here's an example, use and adapt at will and best sent initially by email backed up by a copy in the post.

.

"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.

.

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"

.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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"I got my partner to pay the outstanding CT to the council via their online facility and informed them this cleared all outstanding

as far as the council are concerned but they refuse to instruct B&S to back off who still they still think they are entilited to £140

(late fee, for visit i know exactly but whatever it is it cant be right shes already paid for two visits

they made no collection of goods so my understanding is we shouldn't have to pay.

the only reason there was a delay in the last payment is because they made a mistake "

 

Has the bailiff EVER been IN your home, have they listed any goods, even a car parked nearby? Don't think there is a "LATE FEE" in the Regulations. Gould be Bristols and Stupid trying it on, but follow what DX has suggested and post up what they come back with.

 

Two things to remember, councils are clueless in general about what can be charged, but remain 100% responsible for any act deed or omission by their agents the bailiff, so will believe red isgreen if the bailiffs tell them it is.

 

Bailiffs Lie, about fees, visits in fact anything, it is hardwired into their DNA, never phone them unless you can record the call.

 

If Bristols and Stupor return, film them with a mobile phone, even to capture any threats or garbage they spout, they will not be able to use locksmiths force entry drag you or the cat off to jail.

 

Shame you didn't film the numpty trampling the flowerbed, as if it looked to be deliberate, it could be construed as Criminal Damage.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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yes they have been in the house:sad:

i signed a walking possesion that was incorrectly completed the value of items was not listed it included some worthless items and was not clearly particularized also it included my friends car i only signed it because i was never shown it properly i was just shown the back to sign, this was before i knew anything about bailiff law if i knew then what i know now i would of never let them in.

 

the council tax is all paid off there was a delay making the last payment because b&stupids DD mandate ended then they visited asking for £140 on top of the last payment of £65 I instead paid the last payment to the council so b&s want the £140

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yes they have been in the house:sad:

i signed a walking possesion that was incorrectly completed the value of items was not listed it included some worthless items and was not clearly particularized also it included my friends car i only signed it because i was never shown it properly i was just shown the back to sign, this was before i knew anything about bailiff law if i knew then what i know now i would of never let them in.

 

the council tax is all paid off there was a delay making the last payment because b&stupids DD mandate ended then they visited asking for £140 on top of the last payment of £65 I instead paid the last payment to the council so b&s want the £140

 

The levy and some charges may be challenged if without the car, which is third party the value would be a pittance compared to the debt.

 

What was listed as well as the car, which must be removed from the levy? Have you informed the bailiff and the council, that their levy is faulty due to their bailiff seizing a third party car? If not do so .

Edited by brassnecked

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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When posting questions on this (or any forum) it is very important to ensure that the full FACTS are included as otherwise, the wrong advice will be given. In this particular case, you had not mentioned in your first post that a bailiff had been into the home and levied goods and that a Walking Possession had been signed. If the levy is valid , then the bailiff may well be entitled to charge additional fees.

 

It never ceases to amaze me that people allow a bailiff into their home. There is NO need to do so.

 

In this particular case, could you please provide the following information:

 

Amount of the Liability Order ( as confirmed by the COUNCIL and NOT by the bailiff).

 

What goods were levied upon in the property

 

Whether the bailiff was made aware on the day of the visit that the car does not belong to you.

 

What charges were applied to the account on the day the the levy was made

 

How much has been paid

 

How much does the bailiff claim is still outstanding

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