bristow & sutor Problems with council and Bristow and sutor

[kbarwill]

hi all im new here and looking for a bit of advice with bristow and sutor bailiffs.

 

the story so far is

 

a few years ago i got into some trouble with council tax and got chased by the bailiffs for it.

I ended up getting threatened so much by them on the door and on the phone that i asked my mum to help me pay off the bailiffs

and i would give her the money monthly, which she was kind enough to do.

 

Im now in trouble again as i was made redundant last year and had my third child all in a matter of a few weeks

so my head was all over the place as you can imagine,

i had to wait ages for my redundancy to come though and by the time it did the council had already sent the debt to the bailiffs.

 

I have had a few visits off of them but each time i have just plainly told them they are not coming in,

 

i have rang the council who has put a hold on bailiff action untill this friday 21/09/12

telling me i must come to an arrangement with the bailiff by then or action will continue.

 

My problem with this is i feel my househol d falls into the vulnerable category

as my daughter who is one suffers from acute asthma and reflex anoxic seizures

and is a very poorly girl most of the time.

 

The council are aware of this as i have told them of the acute asthma but she has only just been diagnosed with the seizures,

I was hoping to get the council to take the debt back and arrange something with them

as the bailffs want way more than i can afford as im unable to work because of my daughters conditions

and the amount of meds she needs on a daily basis.

 

Should i ring the bailiffs or not ?

 

i was going to record the conversation to show the council the type of people they have working for them

as every time in the past i have phoned they have threatened me and told me to pay the full amount or nearly 500 a month .

 

any advice is very much appreciated.

thank you for you time

[dx100uk]

Hi KW

 

welcome to CAG..

 

your household is clearly vunerable.

 

it should NOT be with the bailiffs.

neither should anything be added to the debt.

do not speak to the bailiff at all.

 

write a formal complaint to the council CEO and your MP..

 

dx

[kbarwill]

Hi dx thank you for replying,

 

how would i go about making a complaint to my local mp ? and would this really make a difference as

 

 

everytime i have spoken to the council they make it sound like its not their problem any more

and i should just deal with the bailiff which is really stressing me out and my heart drops everytime the door knocks even though i know their on hold at present.

 

 

Im not sure how well the enforcement regulations are adhered to so im not certain the vulnerability situation will work.

 

 

any help much appreciated.

x kw

[National Debtline]

Hello there, in accordance with the National Standards for Enforcement Agents the bailiffs would need to treat the situation with a greater degree of sensitivity. In relation to vulnerable situations the guidance states the following:

 

Vulnerable situations



Enforcement agents/agencies and creditors must recognise that they each have a role in ensuring that the vulnerable and socially excluded are protected and that the recovery process includes procedures agreed between the agent/agency and creditor about how such situations should be dealt with. The appropriate use of discretion is essential in every case and no amount of guidance could cover every situation, therefore the agent has a duty to contact the creditor and report the circumstances in situations where there is evidence of a potential cause for concern. If necessary, the enforcement agent will advise the creditor if further action is appropriate. The exercise of appropriate discretion is needed, not only to protect the debtor, but also the enforcement agent who should avoid taking action which could lead to accusations of inappropriate behaviour.



Enforcement agents must withdraw from domestic premises if the only person present is, or appears to be, under the age of 18; they can ask when the debtor will be home - if appropriate.



Enforcement agents must withdraw without making enquiries if the only persons present are children who appear to be under the age of 12.



Wherever possible, enforcement agents should have arrangements in place for rapidly accessing translation services when these are needed, and provide on request information in large print or in Braille for debtors with impaired sight.



Those who might be potentially vulnerable include:



the elderly;



people with a disability;



the seriously ill;



the recently bereaved;



single parent families;



pregnant women;



unemployed people; and,



those who have obvious difficulty in understanding, speaking or reading English.

 

You should certainly write to the local authority to see if they will take the debt back, if they refuse to do so then the best way to communicate with the bailiff would ALWAYS be in writing. It's vital that you never let the bailiff in to the property and keep doors and windows locked and secure. If you have any assets which are kept outside - such as a car - you should ensure that these are well hidden a good few minutes walk away.

 

The bailiffs can legitimately add their visit fees of £42.50 (this covers two visits) to the debt. It's important to note that if a reasonable arrangement cannot be made with the bailiff, and so long as they cannot gain entry, the debt should eventually be passed back to the council; so often it could be a waiting game. From the information provided it doesn't seem like there would be grounds for a formal complaint unless it can be proven that both the bailiff and council haven't taken your vulnerable status into consideration. Bailiffs do not have to withdraw just because a household may be classed as vulnerable but they should ensure that their behaviour is in adherence to the rules.

 

Whats really important to keep in the front of your mind is that so long as the bailiff doesn't gain peaceful entry to the property they only have two options:

1) They can ask for the money

2) They can pass the debt back to the local authority

 

If you manage to get a reasonable repayment arrangement sorted with the bailiff ensure that you request a breakdown of their fees and charges to ensure that you may no more than the £42.50 that they can legitimately add to the debt. If the bailiff refuses an offer of payment ensure that you keep the money you wanted to offer to one side so that you can pay it to the local authority once the debt has been passed back.

 

We've a useful fact sheet that goes in to further information about bailiffs and council tax, you can read it here:

 

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=02_bailiffs_and_council_tax

 

Best wishes,

 

NDL.

[kbarwill]

Hi all,

 

just thought i would let you all know,

 

 

i spoke to the council again regarding my situation and how unreasonable the bailiffs were being

and ended up threatening complaining to the local mp and

 

 

got a phone call straight away to help me sort out a reasonable amount which i can afford each month.

 

 

they also told the bailiffs not to turn up at my address as we are vulnerable

and to ring them first should i fail to make the payments,

which of course i wont as its the amount i could afford,

 

 

thank you for your advice it was very useful .

 

thanks all x

[ploddertom]

Always pleased to hear a result, even more so on a Friday. Just be aware for a short while that no one turns up and claims "I know nothing"!

[kbarwill]

I hope that does not happen as my partners car is on the drive after work till morning

and as this is our only means to get my daughter to hospital when required

i could do with out having it towed ! fingers crossed they got the message x

 

thanks again what a weight off my mind

[brassnecked]

Excellent, as per PT watch out for a I didn't know, you still owe us fees random exploratory visit. If they do turn up film them with a mobile phone and get thet Formal Complaint in, for calling after the account has been removed from them.

[kbarwill]

thanks i will do that,

my sisters camcorder is fully charged and waiting by my door.

 

 

I also have proof of ownership on the camera just in case they fancy levying on it as it will be the only thing they see.

 

i would happily complain about this company and the way they conduct themselves on behalf of the council.

 

thanks

 

kw

[National Debtline]

That's a great result!

 

Best wishes.

 

NDL.

[kbarwill]

Hi all, I've posted on here before and found you to be very helpful and I'm at my whits end again with this. Any help and advice much appreciated.

 

Here goes

I've been paying the bailiff £87 a month since 2012 and they suddenly wanted more, 349 a week more!

I cant afford that and would not pay it either way but

 

 

I logged on to the bristow account online which states they have 4 active accounts, amounts as follows :-

 

1-£16.41 08/03/11

2-£928.19 02/07/10

3-£991.54 04/06/13

4-£917.18 29/07/13

 

I rang the council as a bailiff attended yesterday and had to speak through the door as I have a disabled daughter

and she would get frightened by these guys, and

 

 

council said I have 3 liabilities which are :-

 

£1007.10 08/07/11

£916.54 24/06/13

£540.18 29/09/13

 

I'm completely confused

so have a meeting with the council tomorrow to explain all this to me

but wondered what your thoughts were or anything I could use to get the council to take it back ?

 

Many thanks

 

Kbarwill

[mikeymack2002]

When you attend you meeting tomorrow please take any letters with you stating that there is a disabled person within the property

and ask the LA to have the account returned to them and to make arrangements to pay the debt off a different way.

 

You should also let the EA's office know that there is a disabled person within the home as well, again send proof.

 

Also can you confirm whether or not you are working or in receipt of benefits?

 

 

Like DLA for your daughter..

[kbarwill]

Hi, thanks for the reply.

 

My daughter does DLA for her condition,

I was receiving carers allowance to look after her but I'm working nights now so we have no childcare costs.

 

The council are aware of my daughters condition,

and the bailiff has been informed as well so apparently they will approach with caution !

 

 

What ever that is, he was not happy about being left talking through the door,

I was home alone with three kids and the dog growling at the door so he posted the standard red letter.

 

Not sure how helpful they will be but will have to see I guess .

 

Thanks again

[ploddertom]

Have you had a breakdown of any fees B&S have charged? If not then I suggest you ask the Council tomorrow.

[kbarwill]

Sort of,

they have a levy on my father in laws car,

which they have had proof of ownership

and the car was on hire purchase at the time also so it's invalid

which they know but it seems there not too fast to take the invalid fees off.

 

They are really starting to get on my nerves.

 

Thanks

[ploddertom]

All the more reason to know exactly what they are charging for. Given the dates you listed I assume this has fallen under the old rules pre-April 2014.

[kbarwill]

Yes, all are pre April 14,

 

can they still come out and charge for the new fee schedule on liabilies older than April 14 ?

 

That's something I have seen no information on.

 

They have never been in my home or managed to levy on anything I own and never will.

 

Just starting to wonder if a complaint of the fees would fall on deaf ears at the council though.

 

Been paying this so long that all this again is so annoying.

 

Thanks

[ploddertom]

There is a Transitional Stage. Have a read @ http://www.consumeractiongroup.co.uk/forum/showthread.php?421864-Guidance-The-Taking-Control-of-Goods-Regulations-2013-Transitional-Stage any queries come back.

[i hate bailiffs]

If the council do not help you

I would be involving the local MP and local councillors

You are a vulnerable household and bailiff action must stop

[dx100uk]

old and new threads merged for history

 

 

there should be no fees being added surely ?

 

 

clearly a vulnerable household.

 

 

I always thought this could not be with bailiffs back in the old days as this was the case?

 

 

not sure on the new rules mind.

 

 

still don't think they can pass it on again

I'm sure the bailiffs should not be involved at all?

 

 

dx

[Bailiff Advice]

I would personally not worry too much about the discrepancies in the amounts the councils have on their records and the figures that Bristow & Sutor have given because it is for the council to calculate and they must do so.

 

The main problem (as far as I can see) appears to be a 'levy' upon your father in law's car. When was this levy put in place? Have the council been made aware of this levy? If so, then they should arrange for any fees associated with this to be removed. It is possible that 'attending to remove' fees have also been added under the old regulations but as I have stated above, this is for the council to look into.

 

Do you have a car yourself and if so, how much roughly is it valued at?

[kbarwill]

Hi, thanks for the reply.

 

I'm learning to drive for my daughters sake and have a old Car on the drive roughly worth £200 I paid £100 for it, it's a great little car but worth peanuts, it was there the other day and they wasn't bothered as it's clearly not going to cover the costs so at least they didn't try to add charges for it.

 

Going to the council this afternoon so I will update to what outcome I get. I have health issues at the moment as well and this is all adding extra stress which is not needed so I will inform them of this as well, just hope I get an understanding person.

 

Thanks

Edited May 13, 2015 by kbarwill

[kbarwill]

Hi,

 

 

yesterday I saw the council and she couldn't do anything as its a different team I need to see so waiting for a meeting with them.

 

 

However I did ring to ask about the bailiff fees and they said they are as follows:-

Two compliance fees of £75 each

And an enforcement fee of £302

 

Do these seem right as I they only came out Monday and no letter prior to the visit

and the letter they left had no fees on or the amount owed just a big standard pay now demand.

 

 

all debts are pre April 14 so I'm very confused and just want to pay this now but not the wrong fees if I can fight them.

 

Thanks

[dx100uk]

if the enforcement/LO was before 6th april last year

 

 

and from earlier you say:

 

 

council said I have 3 liabilities which are :-

 

£1007.10 08/07/11

£916.54 24/06/13

£540.18 29/09/13

 

I cant see now how they can charge the enforcement letter fees listed?

or am I missing something?

 

 

read this

http://www.consumeractiongroup.co.uk/forum/showthread.php?421864-Guidance-The-Taking-Control-of-Goods-Regulations-2013-Transitional-Stage

 

 

as was posted above

 

 

dx

[ploddertom]

As far as what you owe & what you may have been charged appear to be at adds with each other and leads me to suggest you go back to basics to find out.

 

Here's a list of questions to ask the Council:

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

 

Turning to the Enforcement Co a letter similar to below should be sent - initially by email is best [email protected] - 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(s), Can you please provide me with a breakdown of the charges.

 

This includes:

a - the time & date of any Enforcement Agent/Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Enforcement Agent(s)/Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Enforcement Agent(s)/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"