bristow & sutor Bristow and Sutor (Council Tax) threatened ARREST if not pay NOW...

[jmills]

I would like to ask for any advice about enforcement agent, Bristow & Sutor

(B&S). 3 months back B&S enforcement agent was in my rented house for the first time and tried

to get into by locked door but I was alone at home as my partner was in

Medical Centre at this time and I didn't opened. EA also been in my neighbour to get- I suspect -

information about us because she let him in (we have non-friendly "relation" with neighbour).

 

I didn't opened because of fear, I thought that was crime, I haven't had idea that was agent from Council, he left letter

with his mobile number AFTER trying to get into house. I also struggle

with deep depression and not open anybody at all when I'm alone, so I waited for my partner and after he was back, we sent text message to agent for making a new visit where we are both at home because we was scary: he knocked the door, windows very aggressive...

 

Enforcement agent came in next day and said that we have to pay £360 straight away or he

will call the police and we will go to the prison for 90 days. We was scary so much that I started to cry. My partner

said that we are unable to pay now (believe or not we didn't had any pound in pocket), but we suspect to have money in Monday (that was Thursday 5th of October) and unfortunately an agent didn't agreed

to wait until Monday for £360 payment and repeated again that we will be

arrested RIGHT NOW if we will not pay TODAY (5th of October).

 

At that time we were dealing with the decision from Jobcentre Plus about

our Jobseekers Allowance, which we claimed about 3 weeks before as well as

from Council about Housing Benefit. We already had letter from DWP about

providing more proofs and documents to be able to get benefit, so in the

time when enforcement agent been in our rented house we didn't even had any

penny. We struggled with living expenses waiting for benefits (starving). Also, what

is even more important my partner was seriously ill - pneumonia diagnosed

by GP and taking antibiotics as well as waiting to have some money to get

into Hospital to have blood test and X-Ray as doctor even suspected lung

cancer, which means we both was very depressed and extremely stressed out

about his condition at the moment as well as our whole life threatening

situation.

 

Even that our situation was like that:

- without ANY money

- unemployed

- without any luxury goods, which an agent could take (all we have is old tv worth no more than £10, washing machine, microwave, fridge-freezer, old and damaged xbox 360, old table and 2 summer cheap chairs, 2 double mattress without bed and dressing table with mirror: that's all and he listed everything)

- with serious health condition in my partner and depression in my case, which we informed of course

- waiting for benefits

...this didn't stop the agent from threatening us about calling the police

right now and being arrested if we not pay £360 now. Which is completely out of my mind, if I don't have any penny how I can pay £360 right now?

 

We was so scary that my partner desperately sent text message to his

previous colleague from job (he was working in restaurant before we claimed

for benefits), who is not even a friend about lending us £360 as soon as

possible because if not we are going to jail and he was so kind to borrow

us that money the same day...

 

After taking borrowed money from us, enforcement agent made a payment plan

without even asking how we can be able to pay that amount, which we are

unable to reasonably afford. He made this plan in moment where we was

without any money that we have to pay first payment £100 and then £200

every month. This offer is to high for us but we were very scared and too

stressed out about going to the prison that we didn't even tried to

negotiate any lower payments.

 

We have made our first payment on 4th of December - £100 and

from this day were constantly asking to keep that amount because we are struggle

even with that amount. Our debt now after paid £360 is £1700 from our 3

previous addresses. We are unable to make £200 every month. Our benefits

for both of us are:

 

- Jobseekers Allowance: £419.40 monthly for both of us

- Housing Benefit: £328.12 monthly for our landlord's account straight

away, which means we not have these money physically (our monthly rent is

however: £495, so we actually should pay the remaining amount to our

landlord, which is: £167 monthly, which means we will have £252.40 for

both of us per month and if we have to pay for Bristow & Sutor £200

monthly, we will have 52.40 PER MONTH for both of us, which means is £13

weekly for living expenses and not paying other bills at all).

 

We are genuinely struggling to pay this years tax on time but we are willing to pay: we just expect understanding our situation and give us chance to pay small amounts. Going to the

prison will not resolve the problem, it will make it worse. We are now on

benefits and we borrowed a laptop from our colleague and trying to improve

our situation by freelancer jobs and my partner considering to start self

employment if his work start to bring earnings. Letting EA to our house was mistake I think because we had worsen this problem.

 

 

Could You please take any advice, what to do? We would like to back our

debt into Council again but do they take it? Should I write about that to

Council as well? Because I am actually in contact with B&S via their contact form, which allow me to put only 250 characters...

They answered that they are unable to reduce the monthly

instalments.

 

Here is their e-mail:

 

"In regards to your arrangement we have offered you the maximum time to

clear the balance and are therefore unable to reduce the monthly

instalments.

 

Failure to comply with the arrangement will result in further recovery

action being taken against you and you will be liable for any additional

costs incurred.

 

We trust this clarifies the matter."

 

 

Yesterday was our second date to pay £200. We didn't had it obviously, so I contacted via this short form with 250 characters and sent them 4 of them that I am asking for keep the amount £100, which is still unbelievable high for us at the moment, we are still unemployed.

My partner is going to doctor next Wednesday and we will know the results of his lungs, he is feeling really bad and lost much weight as he don't eat not only because we have very little but also he lost appetite. We are living now in extremely life threatening time, I am so depressed that I'm looking for suicide methods in internet because I'm so afraid going to the jail.

 

Here is the fresh answer from B&S:

 

"We acknowledge receipt of you recent emails, the contents of which have been noted.

 

We must advise, however, that in respect to the two accounts we hold, both have a liability order that has been granted through Isle of Wight Magistrates Court. Once a liability order has been granted the balance, including costs, becomes legally due in full. Bristow and Sutor are under no legal obligation to set an arrangement and if we go it must be within our strict client guidelines.

 

In light of the above we must advise that your proposal of payment is still unacceptable as it is not within our guidelines.

 

Notwithstanding of the above, we have referred your proposal of payment, along with your current circumstances, to our client. We now await their instruction and once we are advised further we will update yourself accordingly.

 

In the meantime we urge you to maintain the existing arrangement and will allow until 12.01.16 to make a payment of £142.76 to bring the arrangement up to date.

 

We trust this clarifies the situation.

 

Yours faithfully"

 

I am very sorry for that long post, I don't even believe if someone will read that but I cannot focus and think properly to make it shorter, I just have huge brain fog.

 

I will appreciate any advices and help.

 

Thank You in advance.

[Bailiff Advice]

I am sorry to hear of your present circumstances and do hope that your partners tests do not reveal any worrying health problems.

 

Yes.....you made a big mistake by allowing the bailiff into the property but that error is in the past.

 

On the point about being sent to prison.....can you please get this daft notion out of your mind. Regrettably, bailiffs are known to make these untue threats and worryingly, the threats are known to provide a positive outcome (which in your case was to make your partner borrow some money). For the avoidance of doubt.....neither of you will be sent to prison. At the very worst, about 20-30 people a year get sent to prison each year. And yet, over 3.5million people are subject to a Liability Order for council tax arrears.

 

Most importantly, when the bailiff came into your home did he make a list of any household items (furniture etc)? If so, can you post back to let us know what items are listed.

 

Next, in the latest reply from Bristolow & Sutor they have confirmed that your request to reduce your payment arrangement has been referred to the council. In the meantime, I would suggest that you make a payment to Bristow & Sutor of £100 (which is the figure that you have proposed). If possible can you make that payment today.

 

PS: Reading your query back a second time I am concerned at your request to pay £100 per month as I cannot see that such a figure is affordable at this present time. Have you provided B & S with an Income & Expenditure?

[brassnecked]

Are you in receipt of Council Tax Releif (benefit), Busted & Stupor should NOT be demanding such sums due to you being on benefits, in fact the council could attach to benefits and keep B & S out of the equation all together. I would contact your local council member and tell him about this matter. Other Caggers will be along soon to offer more salient advice, As to the prison those threats alone mean you should send a Formal Complaint to the Council CEO and Elected Leader regarding the unreasonable and potentially unlawful threats made on their behalf by their agents Busted & Stupor.

 

Ah BA got to it before me, excellent.

[caledfwlch]

It really is time that EA's were required by law to film ALL visits, with large enough fines for not doing so, or for the footage to "vanish" to put the Directors into therapy when they see the figure.

 

Really any and all State Officials, whether EA's, Police or Council Enforcement Officers and their contractors visiting homes should be required to have a body camera. The civil liberty complainers who will poke their heads up sqwuarking at such a thing would soon be grateful if they were the victim of Police, EA or other Injustice. Not to mention assisting in the prosecution of people who attack or otherwise break the law when dealing with those Officials.

[Bailiff Advice]

It really is time that EA's were required by law to film ALL visits, with large enough fines for not doing so, or for the footage to "vanish" to put the Directors into therapy when they see the figure.

 

Really any and all State Officials, whether EA's, Police or Council Enforcement Officers and their contractors visiting homes should be required to have a body camera.

 

There are an awful lot of discussions ongoing at the moment regarding the use of body worn cameras by enforcement agents. Some companies are using full facilities (such as filming) whilst some others (JBW Group being one company that spring to mind) have changed to audio recording only. There are many points to consider:

 

For instance, with many companies the enforcement visits are mainly of a 'domestic' nature (ie: the collection of council tax arrears and unpaid penalty charge notices). Accordingly, to ensure that the debtor is at home, visits are made in early morning (before 8am) and it is not uncommon that the family members may answer the door in their nightwear and young children may be running around in their underwear etc. Filimg in such circumstances is not permitted. Filimg may only involve the named DEBTOR (not family members).

 

Additionally, the videos require encryption (which is costly)......videos require storage (which is more costs) and there is the need for a Data Controller to be on the payroll.

[caledfwlch]

There are an awful lot of discussions ongoing at the moment regarding the use of body worn cameras by enforcement agents. Some companies are using full facilities (such as filming) whilst some others (JBW Group being one company that spring to mind) have changed to audio recording only. There are many points to consider:

 

For instance, with many companies the enforcement visits are mainly of a 'domestic' nature (ie: the collection of council tax arrears and unpaid penalty charge notices). Accordingly, to ensure that the debtor is at home, visits are made in early morning (before 8am) and it is not uncommon that the family members may answer the door in their nightwear and young children may be running around in their underwear etc. Filimg in such circumstances is not permitted. Filimg may only involve the named DEBTOR (not family members).

 

Additionally, the videos require encryption (which is costly)......videos require storage (which is more costs) and there is the need for a Data Controller to be on the payroll.

 

Surely they already need a Data Controller, since all they deal with is personal data, regardless of whether its text or video?

 

The cost is of no consequence, people deserve to be protected, and if it bites into profits a tiny bit, so what? other companies have to shoulder the costs of security, or protecting the public, why are EA firms special? It's not like they havent had their fees increased by £400, they can easily afford it.

 

The Company/s for example performing medicals for Jobcentreplus had to shoulder the cost of recording the medicals at claimant request.

 

And filming is not permitted, but it's fine for the EA to turn up and seeing kids in their underwear, because they are operating under a business plan that ensures that be the case? I would be interested to see how many active EA's actually have a CRB check done.

[Bailiff Advice]

 

And filming is not permitted, but it's fine for the EA to turn up and seeing kids in their underwear, because they are operating under a business plan that ensures that be the case? I would be interested to see how many active EA's actually have a CRB check done.

 

When the bailiff applies for a certificate he must provide an up to date CRB check.

 

As mentioned above, there are many problems with actual filming given that the EA should only be allowed to film the debtor and nobody else. Because of the problems associated with the filming some firms are only using voice recordings. A worrying point though is that there is currently no Code of Practice and this is also being looked at by the industry.

[E Munch]

Perhaps this ought to be moved to the discussion forum as body worn video (BWV) is an important topic of interest to debtors, enforcement agencies and the advice sector but is one where everyone holds a strong and often opposing view which often ignores important realities.

 

 

BWV is expensive but this is not why there is a problem with introducing it for "all State Officials, whether EA's, Police or Council Enforcement Officers and their contractors visiting homes should be required to have a body camera." The problem is that the Data Protection Act which is overseen by the Information Commissioner's Office (ICO) does not allow such blanket use and the ICO is clear that they do not want to allow the creep in use of technology just because it is there. The Data Protection legislation is soon to be updated due to updating of European requirements which will include updating for new technologies.

The ICO, which did not write the DPA, but which has to try to enforce it and offer guidance based upon it wrote an article for CIVEA (the professional/trade body for enforcement agencies). The following two paragraphs give a good flavour of their views:-

 

Body worn cameras have the potential to be particularly intrusive because of their small size and portability. They can also incorporate audio recording, which is likely to increase the level of privacy intrusion. Organisations must be able to put forward a strong argument as to why it is necessary to use them

It would be disproportionate to turn the cameras on immediately in most circumstances. BWV should be activated in response to specific circumstances, for example where an individual becomes aggressive. There may be situations where it is proportionate to turn cameras on immediately, for example when visiting an address where there has been a history of complaints against officers or aggressive behaviour by a resident, but these should be the exception rather than the rule.

You can see there is total opposition to the filming of every visit throughout yet this is what is needed if it is to be a tool to prevent misbehaviour of enforcement agents. The ICO urges the use of a privacy impact assessment (PIA) before embarking on any change of operations which would increase the collection of personal data and they regard the videoing of the public as a huge intrusion on privacy even though many of us can see great advantages to its use. If an enforcement agency does a PIA it must find that BWV should only be used sparingly and really only when visiting an address where there has been a history of complaints against officers or aggressive behaviour by a resident. If the enforcement agency says it wants to use it to control their staff the ICO will rightly say they should be controlled in some other way and if they are uncontrollable by any other means then the guilty individuals should not be EAs and if they are they should be reported to the courts to have their certificates revoked.

If there is a pressing need for fulltime BWV for enforcement agents then it would be helpful if that was written into legislation as a requirement that the EA must follow. This legislation would of course need to be shown not to infringe the DPA and HRA which would be hard. (Remember the HRA trumps everything.) At the moment opinions are divided in the Enforcement industry with some people being firm advocates and attempt to use it as a way of gaining business whilst others are trying to comply with the DPA and HRA as well as doing their enforcement activities. If you follow the current legislation I believe it should only be used when a pressing need is foreseeable. If it isn't foreseen then BWV should not be carried and the debtor should be protected by sacking bad EAs, debtors complaining about any bad EAs that visit them and EAs protecting themselves from violent debtors by getting the hell out of it if the debtor or others turn nasty.

We are not in a situation where EAs and/or debtors are constantly at a high risk of harm such that recording everyone and everything is justified in terms of the DPA. Ask the ICO.

[Bailiff Advice]

Perhaps this ought to be moved to the discussion forum as body worn video (BWV) is an important topic of interest to debtors, enforcement agencies and the advice sector but is one where everyone holds a strong and often opposing view which often ignores important realities.[/font]

 

Your wish is my command:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?458004-Bailiff-enforcement-Body-Worn-Camera-s&p=4842483#post4842483

 

PS: If you could cut and paste your above post to the new thread it would be useful.

[jmills]

I am sorry to hear of your present circumstances and do hope that your partners tests do not reveal any worrying health problems.

 

Yes.....you made a big mistake by allowing the bailiff into the property but that error is in the past.

 

On the point about being sent to prison.....can you please get this daft notion out of your mind. Regrettably, bailiffs are known to make these untue threats and worryingly, the threats are known to provide a positive outcome (which in your case was to make your partner borrow some money). For the avoidance of doubt.....neither of you will be sent to prison. At the very worst, about 20-30 people a year get sent to prison each year. And yet, over 3.5million people are subject to a Liability Order for council tax arrears.

 

Most importantly, when the bailiff came into your home did he make a list of any household items (furniture etc)? If so, can you post back to let us know what items are listed.

 

Next, in the latest reply from Bristolow & Sutor they have confirmed that your request to reduce your payment arrangement has been referred to the council. In the meantime, I would suggest that you make a payment to Bristow & Sutor of £100 (which is the figure that you have proposed). If possible can you make that payment today.

 

PS: Reading your query back a second time I am concerned at your request to pay £100 per month as I cannot see that such a figure is affordable at this present time. Have you provided B & S with an Income & Expenditure?

 

 

Thank You for You advice. I know now I made mistake but on the other site - what If we are at home and talking and for example he will come again, start knocking and will try unlock the door like last time? He will hear us and what should we do? Maybe its stupid question but I just don't get it and have no idea what to do. What if we not open and he will open the door with his "special key"?

 

Yes, he listed things, I just checked what he listed, so:

- dinner table and chairs

- TV and TV stand

- xbox 360 + some games

- dvd player and dvd's

- microwave

- dressing table with mirror

 

So he didn't listed washing machine, fridge-freezer and 2 mattresses. I need to add that we don't have any cooker or oven, so microwave its the only 1 thing, where we can heat something. Also tv, tv stand, dvd, dvd's, xbox and games are not even our because when we moved here, they just been. We didn't bought any furniture as well. Even that microwave it's not ours. Only dressing table with mirror we bring here with some clothes. We have only 1 dinner table with 2 festival chairs (from carboot) and listed that, so if he will take everything what he listed it's all worth no more than 50 pounds in my opinion. Everything its old, damaged or not working (like xbox).

 

About the payment, it's not possible to make any payment until Monday. We will get Jobseekers: £209 for 2 weeks. But because we starving so much I e-mailed to debt enquiries to local Citizen Bureau Advice because we will have direct appointment in Wednesday, so it's too late. I need to know as soon as possible what to do in Monday.

 

Before I posted my case on this forum I looked into other similar topics and many advices, I found that people with B&S should not send them any payment, instead they should start to make payments directly into Council even if they not yet agreed to take back our debts. I don't even know if they will take it...

 

And of course I provided B&S informations about our "income" and I do it every time when I e-mail to them. I just did some pictures from Jobcentre and Council about Housing Benefit and Jobseekers Allowance to proof that but I am not sure if it will help. The problem is I would do anything to get debts back into Council. I really don't wanna struggle with B&S anymore.

 

Also pictures are very bad quality (done by Nokia C3: btw why he didn't listed our "super luxury" "smart" phone?

[jmills]

Are you in receipt of Council Tax Releif (benefit), Busted & Stupor should NOT be demanding such sums due to you being on benefits, in fact the council could attach to benefits and keep B & S out of the equation all together. I would contact your local council member and tell him about this matter. Other Caggers will be along soon to offer more salient advice, As to the prison those threats alone mean you should send a Formal Complaint to the Council CEO and Elected Leader regarding the unreasonable and potentially unlawful threats made on their behalf by their agents Busted & Stupor.

 

Ah BA got to it before me, excellent.

 

Thank You for advice.

 

I will have an appointment in local Citizen Bureau because I was with my partner in Council yesterday to speak about debts and the lady said, there is anybody responsible here to talk about debts because of cuts...she gave us number to call but we don't have credits on phone... I hope Citizen will help in Wednesday...

 

Where exactly should I send complaint? Can in be e-mail? And yes, we have council tax benefit now but this is for our current address for time when we have benefits. The debt, which B&S have now is from 3 previous addresses...

[jmills]

It really is time that EA's were required by law to film ALL visits, with large enough fines for not doing so, or for the footage to "vanish" to put the Directors into therapy when they see the figure.

 

Really any and all State Officials, whether EA's, Police or Council Enforcement Officers and their contractors visiting homes should be required to have a body camera. The civil liberty complainers who will poke their heads up sqwuarking at such a thing would soon be grateful if they were the victim of Police, EA or other Injustice. Not to mention assisting in the prosecution of people who attack or otherwise break the law when dealing with those Officials.

 

I wish I had voice recorder when he was here, not to mention about camera...

[brassnecked]

I think you need to contact your local councillor and get them to help, those goods listed will not gain anything, in fact B & S should not even be involved, as soon as JSA is in payment they should look at an attachment to benefit, so long as the arrears are with the same council for the previous addresses, the only reason imho that the listed goods was to garner the £110 sales fee later down the line. A Formal Complaint might be an option to CEO and council leader. hopefully BA will be along later with some further advice. At this stage he can't come straight in with a "special key" so keep him out and film him if you can if he returns uttering threats of prison, that of itself is enough to ground that complaint.

[Bailiff Advice]

 

Yes, he listed things, I just checked what he listed, so:

- dinner table and chairs

- TV and TV stand

- xbox 360 + some games

- dvd player and dvd's

- microwave

- dressing table with mirror

 

So he didn't listed washing machine, fridge-freezer and 2 mattresses. I need to add that we don't have any cooker or oven, so microwave its the only 1 thing, where we can heat something.

 

Also pictures are very bad quality (done by Nokia C3: btw why he didn't listed our "super luxury" "smart" phone?

 

You will I am sure be pleased to hear that some of these items are considered by law to be 'exempt' from being taken into control by the enforcement agent.

 

The Taking Control of Goods Regulations 2013 specifically exempt a dining table. Each family member must also have a dining chair to sit on.

 

Secondly, if you have a cooker....a microwave may be taken. If you do not have a cooker...a microwave is EXEMPT.

 

Additionally, if you have a working landline phone...a mobile can be taken. If no landline...a mobile phone is EXEMPT.

 

Taking the exempt items into consideration, the items listed will not even cover the cost of their removal.

 

Looking again at your income, I cannot see that you can afford £100 per month and £50 per month would be more affordable. The problem that you may have though is that you have proposed £100 PM. B & S did say in their email to you that they have contacted the local authority. If you have not heard back from them within the next few days then please post back.

[jmills]

You will I am sure be pleased to hear that some of these items are considered by law to be 'exempt' from being taken into control by the enforcement agent.

 

The Taking Control of Goods Regulations 2013 specifically exempt a dining table. Each family member must also have a dining chair to sit on.

 

Secondly, if you have a cooker....a microwave may be taken. If you do not have a cooker...a microwave is EXEMPT.

 

Additionally, if you have a working landline phone...a mobile can be taken. If no landline...a mobile phone is EXEMPT.

 

Taking the exempt items into consideration, the items listed will not even cover the cost of their removal.

 

Looking again at your income, I cannot see that you can afford £100 per month and £50 per month would be more affordable. The problem that you may have though is that you have proposed £100 PM. B & S did say in their email to you that they have contacted the local authority. If you have not heard back from them within the next few days then please post back.

 

I don't have a cooker and oven. Only Microwave.

I have landline for Talk Talk Internet but no phone. Mobile phone we have for pay as You go card (giffgaff).

These items listed are also very old, damaged...they really worthless. I was surprised he listed them.

 

I proposed them £100 because of fear of course.. I just knew they will not accept any lower offer. I didn't answered yet for their e-mail about paying £142 in 12/01/16. I think I will pay £100 in Monday but will I avoid EA?

[jmills]

I think you need to contact your local councillor and get them to help, those goods listed will not gain anything, in fact B & S should not even be involved, as soon as JSA is in payment they should look at an attachment to benefit, so long as the arrears are with the same council for the previous addresses, the only reason imho that the listed goods was to garner the £110 sales fee later down the line. A Formal Complaint might be an option to CEO and council leader. hopefully BA will be along later with some further advice. At this stage he can't come straight in with a "special key" so keep him out and film him if you can if he returns uttering threats of prison, that of itself is enough to ground that complaint.

 

When EA visited us we was without JSA and HB because we was waiting for decision. So, not money at all at the time when he was here. We showed him the letter from Jobcentre about more proofs, which we needed to bring. So, he knew that.

 

Well, maybe he can't come with special key but I believe he will do that because this will be his second visit. First visit when I was alone he tried unlock door with a key or something like that but I was hold and push back my key from inside hiding myself, so I felt how he tried push out my key from outside and open the door. The prison threat made us really down. We believed he will call the police and we will go straight away to jail for 90 days.... Worst experience ever.

[brassnecked]

When EA visited us we was without JSA and HB because we was waiting for decision. So, not money at all at the time when he was here. We showed him the letter from Jobcentre about more proofs, which we needed to bring. So, he knew that.

 

Well, maybe he can't come with special key but I believe he will do that because this will be his second visit. First visit when I was alone he tried unlock door with a key or something like that but I was hold and push back my key from inside hiding myself, so I felt how he tried push out my key from outside and open the door. The prison threat made us really down. We believed he will call the police and we will go straight away to jail for 90 days.... Worst experience ever.

 

No you won't go to jail, you have to willfully REFUSE to pay, you are attempting to arrange to pay so, the EA is out of line with that threat.

[lookinforinfo]

On a different aspect, if you will be experiencing hardship between now and when your benefits arrive, you could try applying through the following website-

https://www.iwight.com/Council/OtherServices/Benefits-Local-Assistance-Scheme/Local-Assistance-Scheme1. It may be that you can food etc from them to enable you to pay something

to the bailiffs though I personally think an urgent appeal to the CEO of the Council and your local councillor first thing on Friday morning should get you some breathing space from

the bailiffs as you will be getting benefits soon.

[mikeymack2002]

There has been said that some items can be taken if similar are at the home. There are exemptions to this rule as well. I will edit this post shortly when on a pc

 

 

Ok I am back.

 

 

The reason for my post is as follows.

 

 

There are some situations within a home that means that the person cannot cook and requires assistance to do so by a lets say a carer, why because they may have memory issues and forget the are cooking. So the carer helps the person cook then portion it so they can use the microwave which is much safer.

 

 

The same for a mobile phone and landline, a person may not be as mobile and has a fall and cannot reach the landline, they only have their mobile in their pocket, this can be used to call for help. I can argue this list right through the exempt list for the same reasons.

 

 

As you all know there is a particular reason for the way I say things, but I am just pointing out much less obvious reasons when there can be reasonable exemptions to the rules.. These can be helped if the debtor has a care plan in place. Even with this safety net some LA's fail to take this in to account when there are arrears for CT and other things. If you think this could do by being on a new thread then maybe admin would like to create one?

[brassnecked]

There has been said that some items can be taken if similar are at the home. There are exemptions to this rule as well. I will edit this post shortly when on a pc

If microwave only means of cooking it will have to come off the list .

[jmills]

On a different aspect, if you will be experiencing hardship between now and when your benefits arrive, you could try applying through the following website. It may be that you can food etc from them to enable you to pay something

to the bailiffs though I personally think an urgent appeal to the CEO of the Council and your local councillor first thing on Friday morning should get you some breathing space from

the bailiffs as you will be getting benefits soon.

 

Thanks for that! I will try with it now and let know if it will be approved or not.

Unfortunately I must wait till Thursday...just new negative letters. Jobcentre just shifted our appointment from Wednesday to Thursday, which means waiting longer for Citizen... They also sent letter with deductions from our benefit. From £209 it dropped to £184 (they started take crisis loan, which we had 4 years ago).

I counted that till next benefit (from this upcoming Monday: 2 weeks) we have to pay for tickets 4 times for 2 people, which will be £56 just for tickets (opening day for hotel work, appointment, signing day and another opening work day), so I am pretty sure we will not even pay £100 in Monday to B&S.

 

The idea what came to my mind is if the EA will visit us again is:

- if we will be at home maybe we should call the police but especially close to door that he can hear us?

- if we will not be at home, then is possibility that he will open door because last time I was hold the key. I am afraid that we will back one day this upcoming week and everything will be taken...our basics. And i'm not sure if he will get our flat he can automaticly charge us again for £220?????

 

We also received warning bill from electricity (pay £1200 now, lol) I wrote to them last month 2 times and no answer, just letters. Can we also mention in Citizen about electricity, do they help manage bills? It will be our first time in Citizen Bureau and I don't know what to expect, are they helpful?

 

Maybe someone here would ask how is possible we have so many debts...Well is extremely long and difficult story but I just wanna say that 2 years ago I had great opportunity to build my career in the best Hotel in the Island...I was looking pretty good (they expect people looking good for this hotel). But I have thyroid problems and to manage weight I have to eat healthy. Fruits and vegetables are expensive. I eat only bread and cheap noodles from last 2 years, which made me gain 60 kilos. Cheap processed food is horrible for healthy people, so imagine how unhealthy people react for that kind of food. Well...just ONE person destroyed us (my partner's mother), she destroyed us financially, mentally and physically at the same time. I changed in just 2 years from quite fit woman into fat, horrible looking old person (i look like average homeless person but x 3 worse)... I can't find work. People looking at me and laugh. I don't even have a jacket. I had to explain just a little bit, sorry.

 

So, should I contact B&S again in Monday?

[lookinforinfo]

Hi, I am so sorry to have been round much this week . I hope that you managed to contact the Welfare department as well as Citizen's advice this week and that you

received some good news.

Please do not beat yourself up about your debts-it is not a crime and many people are going through the same problems as you even though you might not often

notice it as most of us hide those kind of problems well.

 

It is possible that B&S have not been to revisit you as they have got what they wanted-an extra charge of £235 from you by their visit. They would far rather go and visit someone else and get another £235 rather than come to your house and spend several hours listing any goods of yours that might fetch money at auction. And all for no money as they have already earned their money just by visiting.

That is not to say that they won't come back at some time but they will hope you are in sweat and trying to raise money to pay them and avoid your goods being taken as well as the ensuing embarrassment that involves.

 

It would be helpful if you let us know how matters are turning out to see if we could be of more help or give you a bit of guidance .

[jmills]

Hi, I am so sorry to have been round much this week . I hope that you managed to contact the Welfare department as well as Citizen's advice this week and that you

received some good news.

Please do not beat yourself up about your debts-it is not a crime and many people are going through the same problems as you even though you might not often

notice it as most of us hide those kind of problems well.

 

It is possible that B&S have not been to revisit you as they have got what they wanted-an extra charge of £235 from you by their visit. They would far rather go and visit someone else and get another £235 rather than come to your house and spend several hours listing any goods of yours that might fetch money at auction. And all for no money as they have already earned their money just by visiting.

That is not to say that they won't come back at some time but they will hope you are in sweat and trying to raise money to pay them and avoid your goods being taken as well as the ensuing embarrassment that involves.

 

It would be helpful if you let us know how matters are turning out to see if we could be of more help or give you a bit of guidance .

 

 

Hello, thank You for being here and asking

We been in CAB in Thursday and now they know the case but advisor told that is too big and difficult case and we have tomorrow another appointment but this time with specialist. So all he explained to us is that EA cannot put us to the jail but because we invited him the first time and he listed our "goods", he can FORCE ENTRY anytime. That was not good news for me to be honest. Also advisor called to EA because we have his mobile number and he told that we are complaining against him and what EA said is that Bristow and Sutor just hired him to do his work and he is not from Bristow and Sutor and he is a bailiff. If I'm good understand but thats strange, so B&S don't have their own EA's? I am not really sure if I good understand but advisor said that the case is still with B&S and he don't know if we will be able to bring back our debts to Council. Last hope is tomorrow with that specialist.. we will see. But for me its really complicated. I don't get it, if EA was only hired to come to us and now he can still go back for goods and he can force entry?

 

I'm sorry I mentioned little bit about private life, which caused the situation we live right now but I explained it only because some people like to judge others even if they have no idea what was happened and for many people something is black or white but never grey.

 

According to Your comment about listing goods - EA actually listed them but maybe You mean the next step? I have really problem to be focus and trying to understand everything, I'm sorry but english it's not my first language, even if I live 5 years in UK I know english but lately my brain just not working properly.

 

I need to add that for tomorrow appointment we have to fill up documents, where we show how much money we have. That will be really fun part, and I'm gonna do that now

[lookinforinfo]

Good luck tomorrow with the specialist. You must explain about your financial position [including the electricity bil and any othersl] as well as your health and your partners'. I expect you let Citizens Advice know that the bailiff threatened you with jail but if not please tell the specialist and the fact that they are trying to get you to pay more than you can really afford to pay.

I think you said that you have now been awarded certain benefits by the Council so let the specialist know that too as it all may help to eastablish that you both are vulnerable and shouldn't have bailiffs calling on you. But that will be decided by the Council so you may need to pray tonight that they will accept your situation.

[jmills]

Good luck tomorrow with the specialist. You must explain about your financial position [including the electricity bil and any othersl] as well as your health and your partners'. I expect you let Citizens Advice know that the bailiff threatened you with jail but if not please tell the specialist and the fact that they are trying to get you to pay more than you can really afford to pay.

I think you said that you have now been awarded certain benefits by the Council so let the specialist know that too as it all may help to eastablish that you both are vulnerable and shouldn't have bailiffs calling on you. But that will be decided by the Council so you may need to pray tonight that they will accept your situation.

 

Thank You for Your kind words. We have been in the morning and the good news are that the lady (from Money Advice Service) called to B&S and explained our situation and they had to agree with no choice that we will be paying them £5 per week. This is funny how easy that was for her. Because people with power can do everything and I as a "grey mass" contacted B&S so many times to reduce the monthly payment and they never accept that. It just shows that without power/uniforms/labels, etc can do EVERYTHING. I'm sorry for blaming because this is quite good news as she reduced our payment from £200 to £20 monthly, and I am happy with that but it's just low mood, which doesn't allow me to accept certain things.

 

We explained as You wrote about jail threatening, about listed goods (dining table with chairs and microwave), about EA's visit in our neighbour and about force entry in first visit and she agreed that he is not allowed to do these things but that's it. No action, no advice what to do next? Because to be honest we don't wanna leave this like that. Me and my partner, we are just live like zombies because of that situation. She didn't answer when I asked what we can do about it? It's not just about jail, which btw was the most horrible thing I experienced but many other. That specialist is however from Money Advice Service, so maybe she just care only about debts, which I can understand but in CAB the man, which we explained this - he also didn't say how we can complain officially or something like that...why?

 

She also is in e-mail contact with Electricity, so hopefully this will also bring good news.

 

But what next? We feel mentally damaged by this guy (EA), so I must live with that with knowledge that he will continue to do these terrible things to other people and families?