Bristow and Sutor- Broken Agreement

[clairebrampton08]

Hi,

 

I have made a bit of a mistake. I have an agreement with BS to pay £5pw I was supposed to pay £5 20/08/14. I broke down out of area so couldn't pay until I got home which was 02:30 (am) 21/08/14) I have emailed then to apologise that my payment is 2 hours late will they now say that the agreement is broken? Even though it doesn't make a difference to them because its out of office hours either way? If I have broken my agreement what happens next?

 

I hate it all of this for a parking ticket and I feel like these people have control of my life. I wont sleep no worrying about this payment being 2 hours late.

 

[brassnecked]

As this is Bristols & Stupor you are dealing with most likely yes, they may also try to apply an unlawful (especially under the new rules) Broken Arrangement Fee. Come back to us with any response you get from them, so further and targeted advice can be offered.

[citizenB]

If you have internet banking, can you set up a standing order.. ? Not a direct debit because they can be varied by the recipient.. but a standing order that you can control.

[brassnecked]

good advice from CitizenB, who has illustrated why creditors and utilities prefer direct debit, they cannot vary a Standing Order like they can a DD.where they can empty a bank account and put a debtor into overdraft at will.

[leigh04]

I have had dealings with B&S in the past and found them to be ok, the office staff have always been polite and if I wasnt able to pay one week I doubled up the following (after speaking with someone).

I know many people who have had problems with B&S but not me.

Before any one jumps down my throat in the past I have had different dcas that have been absolutely vile but B&S ok.

 

Can I also say I paid my debt to B&S online and not once did they try and take more from me , when debt was paid they sent me a letter confirming debt was clear.

 

I think you will be ok but if not come back here and im sure the guys will help.

[brassnecked]

The answer is to wait and see, they may be ok like for leigh04, or they may be silly, if they are silly come back here pronto.

[clairebrampton08]

**UPDATE**

 

I have spoken to BS (I rang them I got fed up of waiting for a reply). They girl at the call centre said that was fine and my arrangement had been brought back up to date.

 

As an NB she also said that my payment went through at 7.30am this morning.... I paid at 2.30am so will all payments go through at 7.30 for the start of the banking day? In which case would it have flagged that my payment was late?

 

Thank you as ever for your help guys. I am very seriously considering giving them everything I have just to be rid.

 

Have a wonderful day x

[ploddertom]

What are you payingfor?

How long have you been paying for?

How much was the original debt as confirmed by whoever you owe?

Do you know what charges have been made by B&S?

[clairebrampton08]

What are you payingfor? Parking Ticket

How long have you been paying for? A few weeks

How much was the original debt as confirmed by whoever you owe? £75 (I think)

Do you know what charges have been made by B&S? Compliance stage £75 Enforcement stage £235

 

Current balance £225

[ploddertom]

Sorry to go over old ground but do you still have the Notice of Enforcement or can you remember if you were given sufficient time to contact them - it must be 7 clear days excluding Sundays & bank hols? Did you contact them to arrange an instalment arrangement - £5 per week - before they visited?

[clairebrampton08]

I am currently in dispute with them re that. The letter arrived with me well after the date of posting. I have written to both them and the council. I made the £5 per week arrangement so the thieving toads wouldn't talk my car I need that to get to the two jobs I have in order to pay money to bailiffs that they arent legally entitled to

 

I have also written to my MP the fine issuing councils MP and Eric Pickles

[ploddertom]

Let's start at the very beginning. For whatever reason you got a Parking Ticket.

 

Did you know about it?

Did you get any further letters about it from the Council?

[clairebrampton08]

Yes until the enforcement stage I have no grounds of appeal I don't think. It was my own fault my aunt died I was in a mess I ignored it I didn't have any money etcetcetc.

 

I am amazed at just how much these people can pursue you for in relation to the original offence. It is horrifying.

[ploddertom]

I was trying to see if there was a case for arguing about its issue but probably not. As it went as for as B&S then they should have written you a Notice of Enforcement - for which they may charge £75 - this is supposed to give you a period of time - 7 clear days - in which to contact them to pay in full or make a suitable arrangement to pay. If you do not make contact then the debt is assigned to an Enforcement Agent to visit - at which stage they charge an extra £235 - you at home. This is why it is important to have the paperwork they have sent you to hand.

 

Reason I ask about this is that if they are charging the £235 fee then I find it hard to believe they have accepted a payment of £5 per week unless it was done to just boost their fees. It is very important to find out at what stage this has all happened.

[tomtubby]

To save me time, the posted the following this morning in relation to a query about Jacobs.

.

 

An important point that needs to be made is that before a personal visit can take place a Notice of Enforcement needs to be sent and this notice provides a specific time and date by which payment OR A PAYMENT PROPOSAL needs to be made. This is referred to as the 'Compliance Stage' and a fee of £75 is payable. If neither payment of a proposal is made during the 'Compliance' stage then the account is referred to an individual bailiff for the purpose of making a visit to 'take control of goods' (this is the new terminology under the Taking Control of Goods Regulations 2013). At this stage an 'enforcement fee' of £235 is added to the account.

 

It is fair to say that trying to get a payment proposal put into place when an 'personal visit' is made is a lot more difficult. You need to take on board that with a parking charge notice the local authority will issue a Notice to Owner (which in your case should have been around £40 and if payment is not made within the specified time and Charge Certificate will be issued. The debt will increase again. If payment is not made yet another notice called an Order for Recovery will be sent from the council. If payment is still not made then a warrant is authorised and passed to an enforcement company. It is at this stage that a Compliance fee of £75 is added.

 

The importance of the 'Compliance' stage' cannot be understated and most companies are agreeing payment proposals. If there is any 'vulnerability' then this too should be brought to the attention of the company.

 

A welcome change to the new regulations concerns the matter of 'vulnerability'. If a visit is made (and £235 is applied) and evidence is then submitted to demonstrate 'vulnerability' (and this includes severe financial problems) all bailiff companies are supposed to give consideration to REMOVING the £235 fee and 'rewinding' the case back to the 'Compliance' stage. I can assure anyone that this is certainly happening and in the past week or two I have personally come across three such cases where Jacob's have done exactly this.