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Is this Levy Fee legal? - Bristow & Sutor, Council Tax

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  • Is this Levy Fee legal? - Bristow & Sutor, Council Tax

    Hi,

    I wondered if anyone could clarify something for me? I am being pursued by Bristow & Sutor for the following charges: (verbatim from their email to me)


    "We write with reference to the above and confirm receipt of your email.

    With regards to your request we can confirm visits and fees incurred as follows:-


    First visit on 10.05.12 at 11.01 to xxxxxxxx no contact made- fee incurred of £24.50


    Second visit on 07.06.12 at 10.28 to xxxxxxxx no contact made- fee incurred of £18.00


    Third visit made 27.07.12 at 10.56 to xxxxxxxxx- no contact made at property however spoke with bailiff via telephone, goods seized against debt- Levy fee incurred of £55.00. Paperwork was left at the property and a full explanation of fees is listed on the reverse of the notice of seizure of goods.


    Please find attached a statement of the account to confirm the balance due of £97.50."

    So, the council tax outstanding was paid to the council in full in August of 2012.

    On the third visit no actual goods were physically seized, nor have I signed a walking possession agreement.

    My question is, am I liable for the 'Levy fee' ? Or just the 'visit fees'. Also, are these fees enforceable under the original court order?


    My preference is, naturally, to pay these guys as little as possible, however if they still have the legal right to turn up and try to seize property then I may just pay them the £97.50 to make them disappear.


    All advice gratefully received.
    Tags: None

  • #2
    Re: Is this Levy Fee legal? - Bristow & Sutor, Council Tax

    Did they leave a Notice of Seizure? If so what goods did they list on it exactly as described?

    Comment


    • #3
      Re: Is this Levy Fee legal? - Bristow & Sutor, Council Tax

      Yes they did - unfortunately a door was left ajar so were able to gain entry whilst we were out at work.

      Backroom

      Fold Away Table
      Wall Mirror

      Front Room

      Samsung 24" LCD TV - for what it's worth actually a 32" one
      Black TV stand
      Dark brown leather 2PCS suite
      XBOX + Games
      ASS DVD x 20
      2 x Bookcase

      Kitchen

      Beko Dishwasher - not ours, belongs to landlord


      Bedroom

      Hitachi midi Hifi
      Asus Laptop
      Floor Standing Lamp

      Comment


      • #4
        Re: Is this Levy Fee legal? - Bristow & Sutor, Council Tax

        If the levy fee was £55 then you must owe a fair bit? Care to say how much?

        Comment


        • #5
          Re: Is this Levy Fee legal? - Bristow & Sutor, Council Tax

          Sure - the council tax owing was £1049.40, which was paid direct to the council on 14/08/12 (B&S have confirmed this in their statement as well)

          Comment


          • #6
            Re: Is this Levy Fee legal? - Bristow & Sutor, Council Tax

            Originally posted by Etinarcadiaego View Post
            Yes they did - unfortunately a door was left ajar so were able to gain entry whilst we were out at work.

            Backroom

            Fold Away Table - unless made of solid wood or antique then of little value
            Wall Mirror - unless antique then no value

            Front Room

            Samsung 24" LCD TV - for what it's worth actually a 32" one - in that case they have the wrong one, how old is it, probably of little value 2nd hand as the cost new has fallen substantially.
            Black TV stand - no value
            Dark brown leather 2PCS suite - if they had removed them would you have been left with sufficient seating for each member of the household. Do they still have their fire safety labels attached
            XBOX + Games - property of a child perhaps, if so then exempt from seizure
            ASS DVD x 20 - if not listed by title then how would they know which ones they seized
            2 x Bookcase - unless solid wood or antique then of no value

            Kitchen

            Beko Dishwasher - not ours, belongs to landlord - have you informed them of this along with the necessary proof - inventory perhaps
            Bedroom

            Hitachi midi Hifi - dependent on age probably has little value
            Asus Laptop - how old, once HDD is removed then little value
            Floor Standing Lamp - no value
            I mean no disrespect in my comments above but realistically if the items had been removed they would bring very little at auction.

            Comment


            • #7
              Re: Is this Levy Fee legal? - Bristow & Sutor, Council Tax

              Originally posted by Etinarcadiaego View Post
              Sure - the council tax owing was £1049.40, which was paid direct to the council on 14/08/12 (B&S have confirmed this in their statement as well)
              Have you asked the Council to confirm your liability is discharged?

              Comment


              • #8
                Re: Is this Levy Fee legal? - Bristow & Sutor, Council Tax

                Oh I agree entirely - I imagine that's why they didn't seize any property! The furniture listed is all Ikea, so a couple of hundred pounds new, at best.

                The hifi was about 10 years old, with a broken tape deck, and the ASUS laptop 3 years old.

                No child. Samsung TV is about 3 years old again - an LCD one.

                Comment


                • #9
                  Re: Is this Levy Fee legal? - Bristow & Sutor, Council Tax

                  No I haven't - I shall do so.

                  Comment


                  • #10
                    Re: Is this Levy Fee legal? - Bristow & Sutor, Council Tax

                    My view on this is :

                    The Bailiffs obviously took the chance to have a good look round and have listed items they think they can get away with. Soft furnishings -unless antique - cannot be resold without their appropriate and original safety labels being intact. Similarly electrical items are not a big seller at auctions because of the needs of testing. Turning to the remaining items on the levy I believe they would fetch no more than £250 at auction if they were removed. For you debt they should have listed goods nearer to to £10k and I would argue that they should have returned this as Nulla Bono - insufficient goods - but carried on in order to gain a financial advantage for themselves & their company, the levy & its fee therefore needs to be challenged.

                    Goods if removed to be sold at auction need to satisfy a few points:
                    1 - to cover all the Bailiff's fees
                    2 - to cover the costs of removal & storage
                    3 - to cover the costs of the auction
                    4 - to cover the Auctioneers fees
                    5 - to pay a proportion of the debt outstanding

                    The levy should be challenged initially with the Bailiffs and then with the Council. Have you also checked the Bailiff Register to make sure the bailiff is suiably Certificated? If the Council confirm your liability is discharged then the Bailiff is after his fees alone and as the Liability Order is discharged he has nothing he can use as a lever against you. Yes, you do owe Bailiff feees and it is your choice but if it were me I would probably pay the 2 Visit Fees then challenge them to take me to Court for anything outstanding, most are reluctant to do this as they need to swear they are correct. I find it strange that it being B&S they have not charged you a Header H Fee?

                    Comment


                    • #11
                      Re: Is this Levy Fee legal? - Bristow & Sutor, Council Tax

                      Thank you very much for the advice - I've had it confirmed, in writing from the Council that the liability order has been fully discharged. B&S have now started insisting that my 'emails' submitted via their website (they have refused to provide an email address) are not being received. On the latest phone call, I explained that the order had been fully discharged, and that I was happy to make a goodwill offer of £42.50, or alternatively they were welcome to pursue me through the small claims channel. The chap on the phone provided my with a fake email address, and was claiming that a "William Brown" had emailed me. I presume next step is to send a recorded delivery letter explaining my position - should I include a cheque for the £42.50?

                      Comment


                      • #12
                        Re: Is this Levy Fee legal? - Bristow & Sutor, Council Tax

                        enquiries@bristowsutor.co.uk

                        Comment


                        • #13
                          Re: Is this Levy Fee legal? - Bristow & Sutor, Council Tax

                          If it were me I wouldn't bother doing anything and see what they do. The chances are they have seen this thread and know they may be on a sticky wicket, alternatively they could commit themselves even further with the lies they tell.

                          Comment


                          • #14
                            Re: Is this Levy Fee legal? - Bristow & Sutor, Council Tax

                            Yep you've got it covered......recorded delivery and include the 'legitimate' fees £42.50...they will not make a claim through the small claim court as they will then have to justify the levy and charges to its worth

                            Pepsie

                            Comment


                            • #15
                              Re: Is this Levy Fee legal? - Bristow & Sutor, Council Tax

                              Hi, further to this, B&S have been in touch again, claiming that I now 'owe' them £227.50. I have moved but they have written to my employer requesting information on whether I'm employed there, saying they might think about doing an AOE order etc.

                              They've also rung me, and I've explained, again that they can either take me to court, accept a settlement figure or go away.

                              My concern, clearly is that the only contact address they have for me now is my workplace, and I don't want further embarrassment caused by them turning up here.

                              Apparently the council have told them that they're ok with the 'debt' being pursued.

                              Thoughts?

                              Comment

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