Urgent Help Needed - Bristow and Sutor Bailiff

[omen]

Re: Urgent Help Needed - Bristow and Sutor Bailiff

U are right I am a bit hyper sensitive at the moment as I have never experienced this. I am a yank ..say no more lol

I've never known of anything like this being legal as in America it's not. The more I type the more anxious I become. They do rattle my nerves and I did tell them I'd be waiting with a baseball bat if they came but whats that gonna do. They stay calm and just wind u up even tighter when on the phone. It's very intimidating.

[Guest]

Re: Urgent Help Needed - Bristow and Sutor Bailiff

It is not legal in this country either, but bailiffs and local authorities prefer to ignore how money is collected, as long as it is.

It is highly unlikely that the bailiffs will turn up, let alone with locksmiths in tow. However, you cannot rely on this and should make certain that they understand your knowledge of the law regarding the collection of unpaid council tax.

Do you have a copy of the walking possession order that your partner signed and if so, what dates are shown on the agreement?

[omen]

Re: Urgent Help Needed - Bristow and Sutor Bailiff

That was back in Feb-March! The one I have now " notice of Seizure of Goods"

Liability Order issued by Herefordshire Court

I have this day seized distrained and impounded the goods on this list ..etc

Redemption of goods Fee £24.50 and the balance of 1338.22 for the council tax.
on his list he had my car a Daewoo Kalos. I wrote to them and said the car is on Hire Purchase so they could not touch it. They wrote back with the email I posted earlier on here. The Reference Number is a new one and not the same as the old claim that I am currently paying on.

[Guest]

Re: Urgent Help Needed - Bristow and Sutor Bailiff

Can you scan it and post it, removing personal details?

What you have there is a letter, not a walking possession order. Unless the bailiff was granted peaceful access then it is not valid.

What is the date that "I have this day seized distrained and impounded..." relates to on the document you have?

If the bailiffs are attempting to collect money, or to seize goods based on an invalid walking possession order then they and vicariously the council, are committing a criminal offence.

[omen]

Ok the first time they came my partner let them in...that was on last years council tax. We made an agreement and he signed this.






After we made the arrangement the new came in and thats the one that is giving me grief. They are using this inventory and Walking Posession to come in on August 8th if it's not paid in full. The Date on "Notice of Seizure " is 27-7-09

[Guest]

Re: Urgent Help Needed - Bristow and Sutor Bailiff

So with the payment of £310 you made on 1st August, this document is no longer valid, not that it is valid for anything other than the Liability Order to which it relates to in any case.

Inform the bailiffs and the council of this and also inform them that unless they have a new, valid and signed walking possession order that relates to the new council tax year and that has been obtained lawfully as a result of a bailiff visit, they will be committing various offences under the Fraud Act 2006 and in addition this conduct will amount to fraudulent trading either under Section 9 of the Act or under the provisions on fraudulent trading in company legislation. The local authority are equally culpable and liable in this and they should be reminded of this in the strongest terms.

You should inform them that you intend to refer your complaint on to the Local Government Ombudsman on grounds of maladministration, misfeasance and/or malfeasance in public office regarding the council’s flawed procedures and failure to control its agent.

[omen]

Re: Urgent Help Needed - Bristow and Sutor Bailiff

I still owe £175.00 on that one and I have £100.00 of it to send them now. Should I go ahead and send this or hold off? I will prepare these letters today and have them first thing in the morning to send registered post.

[Guest]

Re: Urgent Help Needed - Bristow and Sutor Bailiff

How is that possible?

The original sum was £814.99 and £154.99 was paid in April leaving 4 x £165 which should have been paid since, leaving zero owing. If you have just paid £310 (two £165 payments in one go) how many others have you missed and where does £175 come into it, did you short pay by £10 at some stage?

The simplest way to deal with this is to pay £175 now if possible, which leaves them with needing a new, legal and valid walking possession order. If you cannot do that, then you do run the risk of them being legally allowed to enter the property since they do still have a walking possession order that has money outstanding on it.

[omen]

Re: Urgent Help Needed - Bristow and Sutor Bailiff

I've not missed any , but there are charges on top of charges and I am not sure why but that is the remaining balance on it they say.

[Guest]

Re: Urgent Help Needed - Bristow and Sutor Bailiff

How much have you paid in total?

[omen]

Re: Urgent Help Needed - Bristow and Sutor Bailiff

I sat down and wrote a letter to the council stating how hard I am trying to sort this mess out and I got a letter to state a payment plan of £140 monthly on the combined 2 and it's been taken back by them. So no more fees for Bristow. ... *big sigh* Thanks everyone who commented.

[enaid]

Re: Urgent Help Needed - Bristow and Sutor Bailiff

Thanks for the update and I am pleased you got a satisfactory result, well done.
Enaid x

[Amy]

Re: Urgent Help Needed - Bristow and Sutor Bailiff

Excellent, well done.

[Guest]

Re: Urgent Help Needed - Bristow and Sutor Bailiff

Are you going to get the charges back from the bailiffs?