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Bristow & Sutor threatening "take control of goods" from parents house.

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Hi Everybody


I moved into my parents house quite recently. My mam is aged and extremely ill (it's just me and her living in the house) and I moved from the North to the South of England to take care of her.

 

Now I've got a CCJ against me for unpaid Council tax from when I was living in the North and a debt collector has just showed up at the door. Now I don't have the money to pay the entire amount straight away. But I'm willing to try and enter in some kind of payment plan and gradually pay down the debt. However my main concern is that they don't keep coming around and phoning the house threatening and harassing my mam over her sons debt.

 

However the guy at the door was threatening to seize goods and have them sold at public auction. Getting bailiffs to break in etc.

 

When I told him that I've nothing of any real value he said he could just take whatever was in the house. Something about if she couldn't prove whatever was hers then they could just take whatever (I'm not 100% this but I think something to this affect).

 

He left me a "Notification of Enforcement agent visit" sheet of paper.

 

From the first paragraph it says:

 

"As an enforcement agent I've attended your premises today with the intention of taking control of your goods in accordance with the taking control of goods (fees) regulations 2014. At this time your goods are bound. You cannot remove, sell or otherwise dispose of them"

 

Thus I'd appreciate any advice that readers my be able to offer. Does anyone know the law regarding "seizing assets" when the debtor is not the homeowner/tenant?

 

tia

Bear

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firstly , they are not a Debt collector [never confuse the two - a DCA chasing consumer credit debt is totally powerless and have ZERO legal powers to do or take anything - they have no more legal powers than you or I do ] these will be bailiffs and do they have legal powers.

 

However, the good bit is that unlike what you might have seen on TV, for a council CTAX liability order [please confirm there is or NOT a CCJ registered check your creit file] there is NO right of forced entry.

The bottom line is, bar all the arm waving, is, that if you simply totally ignore them, they will eventually go away.

 

Now what they can do is two fold on CTAX. basically add fees to a set limit.

 

the first is a notice of enforcement letter.

this comes with a fee of £75 and gives you 7 days to set up some sort of payment plan.

 

the second is an actual visit, where by a further fee of £235, whereby the fees are now £310 , the maximum they can ever add to the CTAX bill.

this is typically accompanied by a threat to removed goods, it's cleverly worded or 'explained' to make you 'think' they can waltz in any take anything they like. THEY CANNOT unless YOU let them in. which you don't, nor leave doors unlocked as they can then enter through what is called 'peaceful entry'.

 

in real term, the seizure of goods is limited to stuff outside like cars YOU might own that are not behind locked gates.

 

so i'm not too sure what stage you are at 

so please clarify.

the name of the bailiff company.

how much you now owe

the county council the CTAX is owed too.

 

if you have any/all paperwork please scan it to PDF 

after redaction - read our upload guide]

 

one last point.

they don't keep coming around

they don't keep ringing.

neither of those gander them anymore money so they don't bother.

 

dx

 

 

 


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Hi there, the company name on the bit of paper is:

 

Bristow & Sutor

 

Says the total amount £990.49 and this includes £235 enforement stage fees,  The CTAX was owed to North Tyneside Council. The guy also said that it wasn't just for CTAX. Other debts were combined.

 

I did leave other debts behind too when I moved. Perhaps a utility bill, credit card debts and a Provi doorstep loan.

 

I think the guy said that he would be back Saturday too. This is what I'm trying to avoid multiple visits. Don't want my mam to get upset.

 

Thanks for the help.

 

Bear

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aha busted and stupid ...no wonder you've got mixed information here.

never trust anything they say ..they have a very bad reputation for stating the truth.

 

now can you go get your credit file please..

 

there are cases whereby a council on historic CTAX debts do go for a county court CCJ, but a liability order from a magistrates court has far more clout legally than a county court CCJ and i've never heard of a court sending a bailiff out for 'multiple' CCJ collection.

 

me thinks he is pulling the wool here a bit and has looked at your credit file and seen CCJ's too so thought he'd chance his arm and use those as further leverage.

 

don't worry about the sat visit simply ignore do not answer the door if he appears.

your task is too gather data at present.

 

credit file please..

 

 

 

 


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Presumably when he said the goods are "Bound", he wasn't allowed in and listed your mum's goods?  As DX says he has no right of entry for Council tax, so hide any  car as in park away from premises.  Other thing is he will as already mentioned threatn to take your mother's goods, but in reality he has no right. he will use the threat to take them to intimidate.  Contact the council  involved offer a payment plan if they call off the Bristols & Stupor bailiff and complain what he is doing and  that they might get involved in interpleader as he wants to take third party goods as in empty a vulnerable  Pensioners house  in which you are lawfully only a lodger.

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Just saw a copy of my credit file which I got from www.creditkarma.co.uk.

 

I can see two CCJ on m file. Both awared in the last 6 months.

 

The first is for £1187

 

Now this will be for the Provi loan. I recognize the amount.

 

The second is for £299

 

Now I haven't a clue what this is for. I don't recognize the amount.  So I can't see anything which is around the £990.49 mark. Which is what the guy said I owned.

 

When he comes back should I go to the door with my mobile phone and record the interaction? He was filming me so I think I should have my own video proof.

 

tia

 

Bear

 

 

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get the number of the unknown CCJ

phone up northants bulk court

ask for a copy of the claimform and judgement by email pdf.

 

does it not say the claimants name? a CCJ entry usually does?

 


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I would ring your authority(previous authority) and ask what happened to the debt.

 

As DX said it is V unusual for a CT debt to go to county court, the enforcement is always through the magistrates court via a liability order.

 

Also if the enforcement is via the cc it would have been a court bailiff who called, not an licensed EA.

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No I can't see any kind of name or any sort of detail about the claim. The only information is my name, old address,  judgement date, the amount, court name i.e.  County Court Business Centre and a case reference number.

 

I'll see about getting a copy of the claimform.. I wonder if I contact

 

Bristow & Sutor

 

If they'll shed any light on what the debt is actually for (apart from the CTAX element) and if they have obtained a CCj against me. If not then the guy at the door is totally full of shit about seizing goods.

 

I certainly didn't let him in the house.

I don't recall him saying that the goods were bound.

Rather this was just in the letter that he left.

 

What do you mean by "listed your mams goods"?

He really just said that he could escalate the "case" if I didn't pay and that they could start seizing goods from within the house.

 

The guy was wearing a bodycam which he said was recording.

I wonder if he keeps the recordings personally or if he uploads these to his employer.

 

Could I get a copy my making a public access request? Of course if he has done anything "wrong" then the chances are very low.

 

Bear

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So you didn't let him in?  If not he cant come back and re-enter.  By List goods,  I mean if you let him in he should make a list of goods on a form identifying then clearly with serial numbers etc. The debtor must sign it and he leaves a copy.  Bristols & Stupor are noted for not following the rules properly, Dodgeball has given you some good advice regarding the former council as has DX regarding copies of claimforms from Nothampton Bulk clearing centre, they can email the copied to you.


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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!

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no you ring northants bulk as advised.

 

spend you time here reading up on bailiff CTAX threads

use our search.

 

I would say neither of the CCJ's are anything to do with the CTAX LO nor what the bailiff is collecting upon.

there are no threads here which relate to Bristow & Sutor chasing CCJ's as court Bailiffs.


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I would ring your authority(previous authority) and ask what happened to the debt.

 

As DX said it is V unusual for a CT debt to go to county court, the enforcement is always through the magistrates court via a liability order.

 

Also if the enforcement is via the cc it would have been a court bailiff who called, not an licensed EA.

 

 

DX The OP said  Now I've got a CCJ against me for unpaid Council tax from when I was living in the North and a debt collector has just showed up at the door.

 

The only way EA would be involved is if the case was passed up to the High court, Which would mean

A } It is for over £600

B )It is Not a credit card or any other kind of consumer debt.

 

An easy way to find out would be to ring B and S.

 

Under what circumstances did you leave your last property?

 

Court bailiffs are salaried of course 

Edited by Dodgeball

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

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Just seen this also from earlier.

 

As an enforcement agent I've attended your premises today with the intention of taking control of your goods in accordance with the taking control of goods (fees) regulations 2014. At this time your goods are bound. You cannot remove, sell or otherwise dispose of them"

 

This is incorrect, these regulations state the fees which EA can charge. Enforcement is covered by the 2007 act and the taking control of goods regulations 2013.


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

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We need to know if the council tax from the previous home is subject to Liability Order or CCJ, so It would be good if Bear72 could action advice from DX and DB regarding the debts.  Bristols & Stupor look to be up to their old tricks perhaps.


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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!

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Or perhaps there was some arrears from the previous properties rent, and the landlord has taken it up to the HCEO. Pure guess.

 

Guess we will wait and see


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

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That's a possibility DB, there could be other debts lurking also, we need Bear72 to come back with the information and amount owed  before any further advice can be given, especially as we need to know exactly what capacity B & S are calling as. EA for Ctax or HCEO.


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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!

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Hi Everybody

 

I'll try and get the answers to these questions this week. I'll post again when I find something out.

 

ttfn

 

Bear

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pers I would not be leaving this ...beyond today..


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On 16/12/2019 at 11:22, dx100uk said:

pers I would not be leaving this ...beyond today..

Indeed


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

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Needs prompt action as everything will shut down effectively on Friday apart from Busted & Stupid who will call on debtor's up to 9pm on Christmas Eve.  Wouldn't put it past them to fetch up at someone's door on Christmas Day, even though that is a no no.


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I think you should get a statutory declaration done - this is a legal document which states that all property within the address and boundary belong to your mother.  You can have it notarised at a solicitors, not sure how much it is these days might be £10.      I have affixed a blank stat dec which you could print off, fill in and take to solicitors.   When it's done take a couple of photocopies and show it through the window to the B&S guy when he next shows up.     Keep your door locked and push a copy of the stat dec through the letter box for him.

Statutory Declaration.doc


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Would help in the absence of receipts for stuff, should make the B & S drone think twice, and of course you don't let them in, and either lock cars in garage or move a street away. We need Bear72 to come back with what the debt(s) are for, and amounts also


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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!

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A Stat Dec , is a good Idea generally, but best addressed to the court/creditor copied to the bailiff, as it is they who control the EA's action. Problem here, is that we dont know who that is.


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

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