bristow & sutor Bristow & Sutor Bailiff - outstanding Council Tax

[MrsBe]

I had a visit from a Bristow & Sutor Bailiff this morning regarding outstanding Council Tax.

 

 

He said he wanted me to come up with £200 by tomorrow morning or he would remove my goods.

 

 

I said I could not afford that amount and

 

 

he said that I should borrow it from someone.

 

 

I politely told him he would not be allowed entry to my home

to which his reply was he does not need my permission to enter my house a

s the law has changed and it is a criminal offence to obstruct a bailiff and

 

 

I would be arrested if I did not let him come in to remove goods.

 

 

What I would like to know is, is this true?

 

 

I have small Children in the house which he was aware of.

[Bazooka Boo]

Hello welcome to CAG, others with plenty more knowledge in this area will be able to give you

better constructive advice on this.

 

However, DO NOT open the door to them again!

 

Which LA (council) is this?

 

Whilst it is an offence to obstruct a bailiff, or court officer, I strongly doubt by not allowing them peaceful entry into you home would warrant you

committing obstruction, after all I've never met an honest bailiff yet!

[MrsBe]

Hi and Thank you.

 

It is West Oxfordshire District Council

[Bazooka Boo]

OK this is not my area of expertise, in fact I'm not an expert in anything really!

So there will be plenty of others who will see this throughout the day/weekend who will give you better advice.

 

Have you spoken to your LA to have them take this back off the bailiffs and set up a payment plan?

Do you pay over 10 or 12 months?

[MrsBe]

They refused to take it back from the bailiffs when I previously asked. I'm going to ask them again in writing and keep copies and logs of all correspondence. I pay Council Tax in 10 monthly installments.

[Bazooka Boo]

You know you can spread it over twelve months?

 

Get onto your local MP, councillors and inform them that the council is unwilling to assist you in paying them.

Not only that, they have added to your financial difficulties by using these bailiffs who will have added their extortionate fees.

 

https://www.writetothem.com/

[MrsBe]

Thank you very much for the advice so far.

[ploddertom]

Do you know how the Liability Order was for? Did you receive a Notice of Enforcement from B&S before they visited? What are your current circumstances?

[MrsBe]

It is in both mine and my Husbands name.

I do not work due to having small Children and my Husband is Self Employed so his wages are never the same.

I did receive a notice of enforcement before they visited but I explained to them we could not afford what they were asking which was £240 per week.

[dx100uk]

well they certainly CANNOT force entry nor arrest you.

 

 

usual B&S from B&S

 

 

dx

[ploddertom]

Sorry meant how much was the Liability Order for?

[MrsBe]

Its £1500 altogether

[ploddertom]

You will probably need to write a letter of complaint to the Council pointing out the ridiculous demands from their Bailiffs and that because of this you will not deal with them. You make an offer of £xxx per week or month once the matter has been returned to the Council. Whatever figure you decide on I would suggest you put to one side each period so that you then have a lump sum that can be paid. If Bailiffs are going to demand impossible sums then I do not see why you have to deal with them, some of this is of course the Councils fault as they will be dictating how long they have to collect. This may well be dictated from central government but of course as we all know they do live in the real world. It may be worth contacting your local Councillor(s) to reinforce your points.

[MrsBe]

Thank you everyone for the great advice.

The Bailiff said he would be back tomorrow to collect payment or remove goods. I shall not answer the door to him and also write to the Council and go there in person. I take full responsibility and accept the debt has to be paid but like normal people we sometimes struggle. His attitude was disgraceful from the start and also his intimidation tactics did not work with me.

[ploddertom]

He has no automatic right of entry & it would be a seriously bad idea to let him in. Speak to him through the letter box or an upstairs window and try to record the conversation. If you have a vehicle outside make sure it is moved as it will become a target & even if on finance he will try it on.

[MrsBe]

I would never let any bailiff in he was just trying his luck and soon realised I do not take kindly to being bullied.

I was concerned that he said he didn't need my permission to enter my house as I have 3 young Children and would hate for them to witness a complete stranger coming in and seizing goods.

[DragonFly1967]

Andrew Rose, the MD of Bristols & Stupid also reads these threads. Yet another tale of Bull & Bluster from one of his 'Enforcement Agents'. Bristols & Stupid's training really can't be up to much, if there's any training at all.

 

 

The Enforcement agent lied by stating that he had...

 

A) A right of entry to the property. And

B) Had a right to force entry if necessary.

 

Which is a clear breach of the Taking Control Of Goods: National Standards 2014 Section 20.

 

Enforcement agents must not be deceitful by misrepresenting their powers, qualifications, capacities, experience or abilities, including, but not restricted to;

 

Falsely implying or stating that action can or will be taken when legally it cannot be taken by that agent

Falsely implying or stating that a particular course of action will ensue before it is possible to know whether such action would be permissible .

 

While the EA does have a right of peaceful entry, this can only be through an open or unlocked door. They are no longer allowed to climb over fences etc or in through open windows. And most certainly do not (if peaceful entry has not already been gained) have a right to use any manner of force (or a locksmith) to gain entry to your property. (Different options are available to the EA for fines).

 

If the police do attend, they will attend only to ensure that there is not a breach of the peace and won't be there to arrest you for not letting a liar into your house. If you do not answer your door, you have committed no offences and the peace cannot be breached by you.

 

 

Come on Andy.... Sort out your training and your EA's. Allowing them to lie to people (or at least attempt to hoodwink them) doesn't do you, your company or your industry any favours at all.

[MrsBe]

Thank you so much for this information dragonfly1967

[DragonFly1967]

Further to this, it probably wouldn't hurt to remind the council (when you ask them again to take the debt back) that they are wholly responsible for the actions of their agents. So if the EA breaches the law or regulations, then by extension, so to do the council.

[brassnecked]

If he returns issuing the same threats film hium through the letterbox, and show the footage to your local councillor, and tell the councillor their bailiffs are breaking the rules in a very serious way, and the council are 100% liable jointly and severally with the bailiff foir any unlawful act or claim.