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Hi,

 

I just had Bristol & Sutor balliff visit my house and listed some stuff and the fees are below. Can anyone say if this is correct or can I contest it.

 

£694.01 debt

24.50 Attendance to levy fees

46.00 levy fee

12.00walking possession fee

24.50 redemption of goods fee

 

Total £801.01

 

Thanks

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24.50 redemption of goods fee may be challengeable

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What should I say to challenge this?

 

 

 

Hi,

 

I just had Bristol & Sutor balliff visit my house and listed some stuff and the fees are below. Can anyone say if this is correct or can I contest it.

 

£694.01 debt

24.50 Attendance to levy fees

46.00 levy fee

12.00walking possession fee

24.50 redemption of goods fee

 

Total £801.01

 

 

Ignore this quoted the wrong post.

 

Thanks

Edited by leeward30
wrong
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if he has onlyvisited once he can only charge the 1st visit fee

& poss the levy fee

 

did you let him in?

 

the rest are garbage.

 

dx

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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if he has onlyvisited once he can only charge the 1st visit fee

& poss the levy fee

 

did you let him in?

 

the rest are garbage.

 

dx

If no levy £24.50 visit fee. The secret is to keep him out and deny him a levy, so keep any car a good way away from the property that way if he claims to have a levy on a car it will likely be on a third party motor and therefore void. Bristow & Sutor are also known as: Bristols & Stupor, Busted & Stupid, Bonkers and Stupid, they are bone headed when it comes to admitting to imposing unlawful fees.

We could do with some help from you.

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You may contest the £24.50 redemption of goods fee although it would probably have to go all the way to the LGO in order for it to be quashed.

 

The bailiff cannot charge both an attendance to levy fee & a levy fee on the same visit so you may also contest the £24.50 ATL fee. The council might possibly be a little more prepared to listen to you over this query although I wouldn't put big money on it.

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Yes I did let him in, because he said it would occur more fees if I did not.

What goods did he list on his levy? You did not have to let him in, if you had kept him out and denied him a levy, the most he could have had was £42.50

Rule No 1 BAILIFFS LIE

 

RULE 2: Refer to Rule 1

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Yes I did let him in, because he said it would occur more fees if I did not.

 

You fell for the oldest trick in the book.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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You fell for the oldest trick in the book.

 

Righto then,

we go to damage limitation mode,

 

What did he list,

would it cover the debt and all fees if sold,

bear in mind that for a debt of £12k the bailiff would need to seize property worth 10 - 12 K due to Distress sale goods fetching approx 10% of their value,

 

we need to look at the levy and what is on it,

 

some goods are exempt,

 

so if there were four people in the house and he levied all the chairs, that could be challenged for example.

We could do with some help from you.

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Sorry for the late reply but here is the list below.

 

Living room flat screen tv, that was on at the time.

 

TV stand

 

2 sofas leather on hp

 

Corner unit

 

chest drawers

 

our only pc with printer and kids use it for homework

 

microwave

 

dishwasher

 

bed side cabinets

 

wardrobe

 

bed room tv

 

tumble dryer

 

tv in kitchen

 

Thanks

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The sofas are on HP so exempt,

did you tell the bailiff they are on HP,

and if he took them (unlawfully) would there be sufficient seating for the family left?

 

the TV's are they top of the range LED 50" plus? if not 40" LCD is entry level, so worth 40 quid tops at auction,

 

it is possible that the levy would be insufficient to pay all fees

and a portion of the debt so it could be argued the levy was soley to garner fees for the bailiff,

 

Is the computer new,? it may be argued that as it is used in connection with children's education it cannot be seized.

 

Looks like Busted & Stupid are in line for a Formal Complaint to the council for their levy.

 

Other Caggers will no doubt be along with more advice.

We could do with some help from you.

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As you've signed the Walking Possession, theres not a lot you can do at this stage. They've tricked you & theres no 2nd bite at the cherry.

 

The important thing now is to make sure that you keep up with any re-payment plan/agreement that you have entered into-The charges you've suffered up to now are small compared to what they can charge for a return visit if you fail to keep up repayments.

 

My previous post on this thread tells you what you can reclaim. It won't be made easy for you & it will be quite a lengthy process, all for £49 but on a positive, you'll be making a stand and also stopping the bloke who tricked you get his cut on fees that the company is not entitled to.

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The computer is very old but still works and I have self employed documents on there.

 

yes the ballif knew, but he was to busy telling us not to miss a payment overwise all our stuff would be gone.

 

yeah the tv is a 42 inch worth about £50 as you say.

 

I do not not think the goods would pay the bill no where near it,

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Ok thankyou

 

As you've signed the Walking Possession, theres not a lot you can do at this stage. They've tricked you & theres no 2nd bite at the cherry.

 

The important thing now is to make sure that you keep up with any re-payment plan/agreement that you have entered into-The charges you've suffered up to now are small compared to what they can charge for a return visit if you fail to keep up repayments.

 

My previous post on this thread tells you what you can reclaim. It won't be made easy for you & it will be quite a lengthy process, all for £49 but on a positive, you'll be making a stand and also stopping the bloke who tricked you get his cut on fees that the company is not entitled to.

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@ Ian Olney some of the items on the WP are exempt so there may be wriggle room to challenge it in the fullness of time, the sofas for example, and the computer, what is left would quite possibly not cover a proportion of the debt and all fees, if removed and sold, distress sale items fetching peanuts at auction so there may be room to challenge, but it is important something is paid, remember the bailiff will try to set unrealistically high payments with the intention to engineer a default, and therefore add more fees.

 

I feel the regulars will be along soon.

We could do with some help from you.

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I agree brassneck-Auction prices are very low however, our friends at Bristow & Sutor will merely claim that they feel the goods value is equal to the debt owed. Getting a sofa or two knocked off the list will not invalidate the levy. My feeling is that going down that road will get the OP nowhere.

 

The bailiff will be acting on behalf of the council who will encourage it's bailiffs to get the outstanding debt paid in full. Where this is not possible, they will want it in as quickly as possible which means high instalments. The council are equally as responsible for unrealisticly high repayments however the way round it is to write to the council asking for them to consider lower repayments (the council will do this as they want to be seen doing the right thing whereas the bailiffs don't give a damn)

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Whatever the fees are dodgy specifically the head h, so challenging portions of the levy, in a Formal Complaint is a valid option whilst still paying what can be afforded. Bristols & Hooters could get into trouble if they are found trying to set repayments at a level. that the Op cannot afford to maintain, as this can be regarded as engineering a default.

We could do with some help from you.

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Actually the Head A fee is even more dodgy as it can only be applied for a visit where no levy has been made.

 

As the OP is claiming only 1 visit has taken place, the bailiff has effectively broken the law (if you consider the Council Tax (Administration & Enforcement Regulations to be law). Schedule 5 is clear that it's either Head A or Head B but not both on a single visit. My money will be on Bristow & Sutor claiming a previous visit that no-one knew about.

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In your initial post you have listed the fees charged but do you also have the dates on which they were made? When you let the Bailiff into your home did you allow him to move freely around the house?

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As Brassneck says, a formal complaint to the council, stating that you have been charged under Header A & Header B at the same time from one single visit. (Try googling Schedule 5 of the Council Tax (Administration & Enforcement) Regulations & have a read yourself to get an understanding. Also complain that you have been charged under Header H despite the fact that no goods have been removed. Mention that this is in direct conflict with the Local Government Ombudsman Report (published November 2012) which recommends to councils that this fee should NOT be applied when goods are levied upon but are not removed.

 

If the council knock you back (which they definitely will regarding Head H), ask to escalate the complaint to stage 2.

 

Then when they knock you back again, you can take your complaint to the Local Government Ombudsman who will investigate. If you have a look at the LGO website, you will be able to read the 2012 Focus report.

 

Your fees are:

 

Attend to levy-Head A

Levy fee-Head B

Walking Possesion-Head E

Redemption of goods-Head H

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