Urgent Help Needed - Bristow and Sutor Bailiff

[omen]

For Weeks I have been arguing with Bristow & Sutor over a council tax debt. I have made an endless number of offers to pay and nothing I offer will they accept. I tried to get the council to take the debt back and do an Attatchment of earnings to give them a more secured method of payment. They have refused to and have told me I must go through B&S!

I went to my local CAB yesterday and was cut off yet again. I had them ring on my behalf and we were told the exact same thing. They are due to visit me on August 8th and I am crapping myself that they are going to get the locksmiths in. I had two orders and on the last one my partner let them in and signed a form. Now I have a new for this years and they are using the old one to come into the property. Can they do this or do they have to have 2 seperate orders and inventories? Or can they come in on the old one? I do not know what to do and I am about to lose it...................Please help!

[Amy]

Re: Urgent Help Needed

Do you mean you only have a Liability Order for this year's council tax?

If a valid walking possession was signed for a previous year then the answer is no, they cannot come into your property to collect this year's council tax.

Have a read of the guide here Bailiff Guide - Legal Beagles

[omen]

Re: Urgent Help Needed

I had an agreement with them to pay last years. I failed to make a payment..so they came to my house, my partner *screams* let them in. He signed the inventory that they did. I continued to make the payments and then this years came thru which I could not pay so they've added it onto the existing one. They told me they did not care if it was for last year they were still coming in with locksmiths.

[Amy]

Re: Urgent Help Needed

Are you still paying something? Even if the bailiffs refuse to accept what you offer you should pay something and preferably directly to the council.

What goods did they list on the walking possession?

They cannot enter your property to take goods listed on a walking possession if it is from a previous council tax year. Do you have the bailiff's name? If you do, check that he is certificated Certificated Bailiff Register - Legal Beagles

[omen]

Re: Urgent Help Needed

How can you pay the council if they won't accept it? They told me I must contact Bristow and Sutor. I am paying , my last payment was for £310.00 First of August. So I have 2 consecutive bills going with them at the moment. Last years Council tax which is almost paid in full...but they added on the £1300.00 for this tears and have just carried on with the action and threatening to come in my house etc. Even though they are seperate bills.

[Amy]

Re: Urgent Help Needed

They cannot lump the two years together. Do you know exactly how much of last year's you have left to pay?

[omen]

Re: Urgent Help Needed

£175.00 They keep saying that it does not matter that they will enter the property anyway.

[Amy]

Re: Urgent Help Needed

What is detailed on the previous walking possession?

[Guest]

Re: Urgent Help Needed

£175.00 They keep saying that it does not matter that they will enter the property anyway.

It matters and they know it. They hope however, that you do not. They rely on lies, threats and intimidation to get paid.

Send them this at once and also send a copy to your local authority. You should ensure that you can prove you have sent it, for example, send it via Recorded Delivery, or at the very least, obtain a Proof of Posting Certificate.

Dear Sir/Madam

TAKE NOTICE

That any visit to the above property post (add date of this letter) by yourselves, your agents, or those otherwise acting on your behalf or upon your instructions, stating either verbally or in writing an intention, unlawfully or by force, or guile (and other than by express invitation) to enter these premises and remove property, will result in the arrest of the agent/person concerned for attempted burglary. Steal shall mean any removal or attempted removal, or intention to remove, any property in which you have no lawful Title or Property therein.

I reserve the right to produce a copy of this Notice to the Court in future proceedings.

Yours faithfully

How did you pay the £310 that you have recently paid, via cash, card or some other method?

You need to read the Bailiff Guide again and you should also request a breakdown of fees from the bailiff as I would imagine you have been paying punitive fees along with the council tax.

Your local authority must also be made to understand that they are liable for the actions of their agents and if the bailiffs are acting unlawfully (for example, by suggesting that they are able to enter your property when they are not) then so are the council.

[omen]

Re: Urgent Help Needed

I paid it with cash through " Special Delivery Recorded " by Royal Mail. It has been deducted from my amount. The only thing that worries me is that they are saying " They will" come into the property and can based on the previous council tax bill owed. This is an entirely new bill and I am due to receive a 25% single person deduction on this one which would make the amount owed completely different. This was the last email I had off them.
I sent them a letter based on one of the templates on " Screw The Baliff" and that was there reply to it.

Dear Sir

Re: Council Tax arrears Owed To Forest Of Dean Council & Herefordshire Council

We acknowledge your letter dated 27/07/09 of which the contents have been duly noted

We can confirm regarding vehicle Daewoo Kalos that we have checked with the relevant organisation and they have confirmed that the above vehicle is currently included in a hire purchase agreement and has been taken off the inventory dated 27/07/09.

Please find attached statements of your accounts as requested:-

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We would like to advise that all fees are charged in accordance with the Council Tax (administration & Enforcement) regulations 1992 (as amended)

We can confirm that we sent you an email on 29/07/09 advising of what the acceptable agreement was this remains unchanged and our position regarding an agreement will not be reconsidered

We trust this clarifies the situation

Yours Faithfully

Miss L Powell

Bristow & Sutor

[Guest]

Re: Urgent Help Needed

Have you done what I suggest in post #9?

[omen]

Re: Urgent Help Needed

Am doing that as I type this out. On Screw the baliff there is a form that anyone owning anything in the house can sign to state that it's theirs. I have a mate who is going to sign this as ownership of certain items of value and send it to them as well. This should give me a bit more time to sort something out.

[Amy]

Re: Urgent Help Needed

Am doing that as I type this out. On Screw the baliff there is a form that anyone owning anything in the house can sign to state that it's theirs. I have a mate who is going to sign this as ownership of certain items of value and send it to them as well. This should give me a bit more time to sort something out.

Do you really think this will be enough to fool them?

You really are making this far more complicated than it need be.

[omen]

Re: Urgent Help Needed - Bristow and Sutor Bailiff

Everything I have tried doesn't seem to be working , if it was that simple I would not be on here asking for help. It is complicated when they are harassing you into an early grave.

[Amy]

Re: Urgent Help Needed - Bristow and Sutor Bailiff

I understand it is difficult and what we have told you will work because the law is not on their side.

We have told you that they cannot take your property yet you still believe them rather than us. Just calm down a bit xxx