Bristow Sutor Fees not correct

[Genesis87]

Hi all,

right lets go from begining.

 

Bristow and sutor has started sending letters for £1800 council tax which we started making payments by instalments of £400 every fortnight.

 

apparently we have missed and forgotten making last payment of £391 and month later they send warning letter saying we have to pay it otherwise they will visit.

 

they came to our house few days ago but we didnt open the door and he put the letter thu with fees of £180.

i have spoken to them and i told them we were about to make a full payment tomorrow (friday) but because £180 fees is ridicilous we will not pay it and they said thats because he came with a van to remove the goods and i told him there is no proof he came with a van and the charges are stupid and it should have only be £18. he has been here once but we did not let him in so he has no list of goods.

 

he said we can make the payment of £391 tomorrow and the £180 fees next month.

we are not going to pay £180 as its bit stupid.

 

are the charges right ?

 

what you guys reckon we should do ?

 

thanks in advance for help.

[Mark1960]

Within the letter that they put through your door,was there a blue sheet titled "Notice of Siezure of Goods"?

 

If so,they've probably levied on your car.Charging £180 to attend in a van that is not capable or removing a car does not comply with Schedule 5 of the A&E Regs so you need to write to them informing them of this.Always copy the council in.

 

If they have not levied on your car,you need to write informing them that as they have no levy,they need to amend the "van fee" to a second visit fee which is £18.I would pay the council tax arrears off,if you are in a position to do so.

[Genesis87]

no it is most writing in red :

 

Important Notice

 

A Bailiff Removal Team visited today to remove your goods for sale by public auction.

 

 

the car was not by my house so its not on the car.

 

so.

i should write to them there was no levy and they need to amend the fee to £18 and pay the £391 tomorrow and tell them i will pay the £180 fees next month and then send the letter ?

 

thank you

[Mark1960]

NO!!!!!!!!!!!!!

 

Appologies for not making myself clear.

 

Do not under any circumstances pay the £180.Just write (copying the council in) explaining that no goods had been levied on and that you had previously only received a single visit from a bailiff in which a fee of £24.50 is applicable under the A&E regs.

 

If the bailiff has returned a second time,£18 is chargeable so in essence,one visit will cost you £24.50 & 2 visits (combined) will cost you £42.50.

 

If you are in a position to pay the remainder of the council tax arrears,I would do so,only make your payment directly to the council.These bloodsuckers will not let this go easily but as long as you are prepared to communicate,they can do little other that post idle threats.By paying the arrears off,you are no longer in debt so there is no excuse for the bailiff to return & charge more extortionate fees.I would envisage it will take several letters & that you will eventually have to complain to the council but eventualy,they will have to credit the £180 van fee.

[Genesis87]

i beleive council will not take the payment as last time i tried they said i have to deal with bailiff as they have no power to do anything.

 

also its for 3 councils so 3 different ammounts and different references.

 

so if council will not accept the payment should i make a payment to bristow thru online for £391 ?

 

i know they cant charge on top of charges.

[Mark1960]

So you are saying that firstly you arranged a payment plan with B&S over the phone & they accepted this without wanting to come & invite you into a walking possession agreement?

 

& also the £1800 is for three separate accounts from three separate councils?

[Genesis87]

thats correct.

 

basically when he came first time he tried to enter the property by putting the foot in the door but we were stronger and he moved it away so he wrote from outside what he could see and beleive me its not much he could see only sofa as everything else is round the corner .so its not proof he was in as the desc he will have will be different to what we have.

 

ps, i dont think office has the letter he wrote by the way they are sending the letters.

 

i remember years ago when they came to my house and wrote everything they were sending different letters.

[hallowitch]

well your sofa may be is exempt goods (cant be levied ) how many people live in your house if the sofa was removed would their be enough seating for the whole family

 

can you post exactly what's written on the notice of seizure including the fees charged (how many notice of seizure did he leave if its only one how many council tax ref no/bailiff ref no has he put on the notice of seizure

 

its looks like you have no choice but to pay B&S

 

 

you will need to get a breakdown of fees for all accounts from each council and from B&S

[Genesis87]

there is no notice of seisure , no papers to say it and nothing.

 

only letters from them saying they will visit.

[hallowitch]

in that case its even more important to get a breakdown of fees for all accounts

[Genesis87]

yeah well i spoke to them and he said its for the van visit. but how can he come to remove something if he doesnt know what we have. he cant just walk in and say im taking whatever i want can he ? obviously if we would let him in which will not happen.

[Genesis87]

this is the letter im writing to them.

 

 

Reference GLO-T-40xxxx

Andrea Nxxxxxxx

93 xxxx

Gloucester

GL1 xxx

0751xxxxxx

 

Dear Bristow & Sutor and Gloucester City Council.

Im writing to both of you because i strongly beleive i have been overcharged with fees From Bristow & Sutor for their last visit.

 

The Outstanding Amount i was owning was £391.00 which i wanted to pay on 13/08/2013 but as Bailiffs have visited me while i was not home and charged me with fees of £180 ? i will not pay anything until this will get resolved.

 

On Bristow & Sutor Charges Page it is as Follows :

 

For Making a visit to premises with a view to Levying distress (where no levy is made)

 

• Where the visit is the first or only visit £24.50

• Where the visit is the second such visit £18.00

 

Bailiffs have visited me 2 times in total so the charge would be £18 as NO LEVY WAS MADE.

 

I have been told bailiffs have visited me with a van where i don't see a reason why coming to me with a van as there was not Levy or Walking possession and also there is no proof someone came with a van as noone was at home at that time.

 

The Total I'm willing to pay is £409 including bailiffs visit which includes a charge of £18.00 as "only" letter has been put thru letterbox and no levy or walking possesion took a place on 2nd or 1st visit.

 

i hope this will get resolved quickly and i will be expecting your reply as soon as possible. if i will not hear from you or will not agree with outcome i shall seek legal advice.

 

 

 

 

sounds good ?

[hallowitch]

you cant send that you need to establish some facts first

until you get the breakdown of fees and payments made to each council you don't know what fees you have been charged

 

if they are trying to charge a van then their must be a levy fee on at least on of your account

 

how do you know the £391 is owed to Gloucester Council ?

 

when you received the initial letter from B&S asking for £1800 did the letter explain how much you owed to each council (or did they send a separate letter each)?

did they tell you how your payments of £400 per 2 wks would be distributed between each council ?

did you check to see how much you have paid to B&S in total?

[ploddertom]

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

 

You need the same information for each Council you owe to.

[ploddertom]

You need a breakdown of fee for each account, you can either send individual requests or put them all together on one request. Here's an example of what to send, use and adapt as you see fit. Send initially by email followed 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"

[dx100uk]

if you can payPAY THE COUNCIL DIRECTLY via their auto payment lines

 

or

 

YOUR internet banking portal

 

STOP PAYING THE BAILIFF.

 

dx

[madmatt1009]

sorry for butting in here, in post 7 didn't the OP state that "rentagoon" put his foot in the door but was repelled and listed property from outside the house, surely then the entire "levy" is completely invalid?

[Genesis87]

3 Liabilities

 

1. Gloucester Council Tax £62.32 Remaining
   
2. Tewkesbury Borough Council £132.44 Remaining
   
3. Tewkesbury Borough Council £196.24 Remaining
   

 

The thing is if i pay directly to council thru online portal what will happen then.

[Genesis87]

sorry for butting in here, in post 7 didn't the OP state that "rentagoon" put his foot in the door but was repelled and listed property from outside the house, surely then the entire "levy" is completely invalid?

 

 

 

thats right there is no levy on the account

[seanamarts]

A levy can only be made were items can be touched. A bailiff cannot levy through a window, letter box or write 'All goods'.

 

If he had made a levy, then the OP should have been left with a copy of the levy itemising what has been levied and the fee's that have been charged.

If said bailiff has not done this then there is a good cause to challenge the levy fee and of course the van attending fee, which I have to say is very OTT.

 

As suggested above, get a breakdown of ALL fee's and charges. You may find that you have way overpaid on these accounts already.

[tomtubby]

The letter of complaint should ALWAYS be sent to the council and COPIED to the bailiff company.

 

The reason for this is because the local authority are WHOLLY RESPONSIBLE for the any levy and for the fees charged by THEIR AGENTS.

 

Sadly, since the recession, the bailiff industry decided to take it upon themselves to charge debtors a fee that some call an "enforcement fee", a "van fee" an "attendance fee" etc. In reality the statutory regulations laid down by Parliament provide that a bailiff may charge an "ATTENDING TO REMOVE" fee to an account.

 

HOWEVER.......

 

Such a fee may ONLY be charged where a prior valid levy had been made upon goods !!!!

 

Sadly, bailiff companies (with the help of local authorities who agree the contracts) are raking in millions of pounds from debtors with such unlawful "attending to remove" fees.

 

In reality, this is referred to as an aborted van fee.

 

Simply dreadful.