Jump to content


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1628 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I'm assuming there is a precedent to this.

 

I have a debt to the Council for back Council Tax which I have been paying back as and when I can afford it.

 

Today Bristow and Sutor sent an enforcement agent (who told them he was a bailiff) while I was out and luckily they did not let him in.

 

Nothing, apart from a few items such as my bed and an old stereo which is worth pretty much nothing, on these premises belongs to me as I am just a lodger here and the room is furnished by the landlords.

 

I have never denied that I owe something but the amount is in dispute

I have told B&S this previously but they have ignored all my letters.

 

The bloke cleared off when it became clear he wasn't being allowed in

but I suspect he will be back.

 

Apparently he was eyeing up their car and I would obviously hate for them to become involved when it is nothing of their doing.

 

Do these people have any claim to anything on the premises

and where do we stand if they return in the future?

 

I have spoken to the Council but they say it's out of their hands now

although I suspect they could do something about it if they wanted to.

 

Thanks in advance for any help and advice

Link to post
Share on other sites

Busted & Stupor can only have your goods, although they will try to assume the car is yours, you should provide the council and B & S a copy of the tenancy agreement or any paperwork that supports your status as a lodger in a furnished room.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

You mention in your initial post that you dispute the amount that B & S are enforcing and that you have advised them of this. If it is the amount of the Liability Order that you dispute, then it is the council and not Bristow & Sutor that you need to be complaining to. The enforcement company cannot 'go behind' (or challenge) the court order (Liability Order).

Link to post
Share on other sites

Thank you. I can't remember if I challenged the Council or not but I will do that now. does anyone know if B&S can continue enforcing any of it, including their 'fees' while the matter is being disputed?

Link to post
Share on other sites

I have done that too but in my experience half the time they don't either bother to read them or certainly not reply or acknowledge. trying to cover all bases

 

This may seem a bit naive but I want to gather as much information as I can before I take my next step.

 

B&S are trying to collect an old debt for Shropshire Council.

i have been making payments direct to the Council but they say it's out of their hands now and they can't call them off.

 

 

I've written to them telling them I dispute the amount claimed in the hope it will buy me a bit of time but not holding my breath.

 

There are a few points I would like to raise:

 

1) Do their 'Enforcement Agents' actually have the same powers as a Bailiff or can I just tell them to clear off?

 

2) Are their 'charges' enforceable or can I just clear the original debt and then stop paying?

 

3) Can they,

as they claim,

break into the house when no one is here

(I am a lodger and none of the property on the premises belongs to me, and I have told them this, and the Council, in writing)

and what recourse do I and my landlord have if they take property that belongs to the landlord, including their car which is parked outside the house?

 

4) Are they allowed to take my motorcycle, which I need for getting to work because there is no public transport available due to the hours I work?

 

Thanks for any help anyone can give me.

 

 

I am thoroughly fed up with these people and I refuse to phone them, requiring everything in writing. besides, I have no phone and no access to one

Link to post
Share on other sites

The EA is a bailiff the terminology changed from Bailiff to EA in April 2014

 

You DO NOT have to let them in indeed it would be a bad idea to do so, they cannot break in, or climb through a window

 

How much is still owing and are you still paying anything to the council directly?

 

They might try to Take Control of a car parked outside so if they did the Landlord would have to use the TCG procedure to put in a third party claim

 

Yes the motorcycle might be taken, how much is it worth and it would be a good idea to hide it for now. They would say you could walk or cycle to work if the motorcycle is taken unless your commute is stupid distance like 20 - 30 or more miles.

 

other Caggers will be along with better advice soon.

 

One for Grumpy, if the debtor uses a cycle to go to work, has no car, and distance is 10 miles would a bailiff take a pedal cycle? (I know some are worth upwards of £2k)

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

Thank you.

Yes, I live fifteen plus miles from work and work a four in the afternoon to midnight shift so there is no public transport and a taxi, if I could even get one, would cost pretty much everything I earned.

 

I am paying the Council direct,

although they have said they can't accept payments which is clearly rubbish as they are showing up on B&S's site as paid 'Direct To Council'.

 

I have written to B&S telling them that the vehicles parked outside do not belong to me so they are aware of this.

 

 

What they do with that knowledge is up to them but I have a copy of the letter and will use it in evidence if it becomes necessary.

 

The motorcycle is worth far more than the debt which, before their ludicrous charges, is now less than three hundred quid.

I would pay it off in one if I had it but I simply don't.

Link to post
Share on other sites

Further to the above, I have made payments to B&S but as the direct to council payments are showing on their site I'm going to make all future payments to the Council

Link to post
Share on other sites

Threads merged

Please keep to one thread

Or it makes a mockery of past helpers time

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... 

Link to post
Share on other sites

I think,

on reflection,

and against every emotion taking hold of me,

I am going to try and pay this off.

 

 

Not because I agree with it and their ludicrous 'charges' but simply because I don't want my landlords bothered by something that is not of their doing.

 

 

If I was living in my own place I would run the beggars ragged until my dying day.

 

 

I had a most patronising email from them yesterday,

which I won't bother you with,

that was lies wrapped in the truth.

 

 

Before I go,

I would very much appreciate opinions,

if anyone has them,

as to whether or not the entire balance is enforceable,

including B&S's fees,

or just the outstanding amount owed to the Council.

 

 

That would be interesting to know.

Thank you all for your previous replies.

This site is a Godsend to so many people

Link to post
Share on other sites

Can anyone on here shed light on something that's been puzzling me for some time?

 

I'm a little unclear on what,

exactly,

an 'Enforcement Officer,

is legally allowed to seize goods in respect of.

 

 

If, as in my case,

there is a Court ruling that the outstanding amount on my Council Tax bill is £340-odd pounds

are they entitled just to remove goods to cover that or,

if I pay that,

can they still enter the premises to take items to cover their own fees,

which were NOT included in the Court ruling,

or do they have to pursue that matter separately.

 

 

It will make a huge difference to how I proceed.

Thank you

Link to post
Share on other sites

They have no right to enter your home. Keep doors locked and any vehicles a good 10 mins walk away. They can add statutory fees, so its in your best interests to arrange repayments if the total plus fee's are correct.

 

If you arent considered vulnerable, then they will eventually hand it back to the council, but you'll still be liable for fee's, the council could take you to court and apply for a warrant to get you to attend ( more fee's), or they could get another bailiff to call.

 

Then theres attachment of earnings etc.

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

Link to post
Share on other sites

threads merged yet again

 

 

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... 

Link to post
Share on other sites

If you've decided to try to pay it off now, it's going to include fees. If you pay the council, they'll pass them on as you have seen, and any payments after the first £75, are split pro rata, so the debt isn't paid off to either the council or the EA's until your final payment.

Link to post
Share on other sites

Ah, I thought there might be some surreptitious little clause skulking about somewhere in the ether. Thank you for that. I will pay this all off at some point but I'll be blowed if they're going to get the almost two hundred quid a month they are demanding

Link to post
Share on other sites
  • 3 weeks later...

It's noteworthy that I paid them a hundred quid this month which is about two thirds of the 'agreeement' (which I never agreed to anyway) and instead of conducting another visit they just sent me a letter with a revised 'agreement'. Basically, they don't care, do they? They just want to get as much money as they can from people for the least possible effort

Link to post
Share on other sites
It's noteworthy that I paid them a hundred quid this month which is about two thirds of the 'agreeement' (which I never agreed to anyway) and instead of conducting another visit they just sent me a letter with a revised 'agreement'. Basically, they don't care, do they? They just want to get as much money as they can from people for the least possible effort

 

I am sorry Bilgeman but you are not correct.

 

The enforcement agent has already made one personal visit and a payment arrangement has been set up. You have already incurred an 'enforcement fee' of £235. The regulations do not provide for another 'enforcement fee' and that is why you will now receive a letter (as opposed to a visit).

Link to post
Share on other sites
I am sorry Bilgeman but you are not correct.

 

The enforcement agent has already made one personal visit and a payment arrangement has been set up. You have already incurred an 'enforcement fee' of £235. The regulations do not provide for another 'enforcement fee' and that is why you will now receive a letter (as opposed to a visit).

 

Where does he say he has set up a payment arrangement? Bilgeman is paying the debt, but I'm not sure there's a formal arrangement for £xxx.xx per month to be paid, unless I've missed it reading through.

 

Is you motorbike owned outright, or is it on HP? Are you ensuring that cannot be seized or clamped?

 

Yes Bilgeman, the bailiffs will get every penny out of you they can. Fortunately they are far more restricted since the 'new' regulations came in than they were before.

Link to post
Share on other sites
  • 1 month later...

Further to this, I never agreed to a payment arrangement. That was just their take on it. I've been paying a hundred quid a month and got it down to 300 so now they are getting fifty quid a month until it's paid. Thanks for all the advice everyone. Much appreciated

Link to post
Share on other sites

Glad you have it sorted. The thing now is not to default on this, miss by a little as one day on your allotted payment, and they are very likely to continue any enforcement and pursue for the full balance.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...