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Bristow & Sutor

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  • Bristow & Sutor

    Hello, There doesn't seam to be many topics about B&S.
    So here's mine.

    I’ve spent this afternoon and evening reading up different post’s on this site, as many posts as I could, and have gained a lot of information – Thank-you. (About 12 hours ago, I was almost caving into B&S’s demands, but I’m not any longer).
    I just wish I knew 12 hours ago what I know now !
    Hopefully, from this experience, I can stay around and help others in the same predicament.
    But, from my personal stand point, I hope you could give me some guidance.

    The debt is for about £600 CT. I’m not 100% on the actual figure until I ring the council in the next day or 2.

    Basically, I’m abit of a pillock, and bury my head in the sand when it comes to problems like this, and ditch letters they send me in the hope they disappear… Unfortunately, B&S are not disappearing.

    Basically, in March of this year, Bailiff 1 called around to my house (Not sure of the date of the 1st visit),I ignored his knocking. He then came back on the 30/3/11, again, I ignored him, but he listed my car and my friend’s caravan that were on the driveway. He posted the “Notice Of Seizure Of Goods” in a brown envelope, addressed to me through the door.
    As soon as he posted this ‘Notice Of Seizure Of Goods’ notice through the door, I rung him up on the phone number he provided, and told him that I need my car for work, and that the caravan wasn’t mine.
    He promptly told me that, unless the car is a works car, it will be sold at auction, and I would need to prove the caravan wasn’t mine.
    As it turns out, he listed my car incorrectly – He took the model number off the bootlid of the car, but got it wrong on the Notice Of Seizure.
    I won’t list my actual car, but as an example, on the seizure notice he listed a “BMW 825”, but my actual car is a “BMW 828”. As I say, they aren’t real, but you get the idea.
    He listed:
    “Incorrect Car”
    “Caravan” – That’s not mine.
    But with the caravan listing, most of the writing is illegible.
    Also came with another letter stating:
    Council Tax and Court Costs: £664.00 – This sounds about right
    Attendance to Levy Fee’s: £42.50
    Levy Fee: 46.00
    Walking Possession Fee: …………
    Redemption Of Goods Fee (Head H): £24.50
    Payments Received/Reductions: …………
    Total: £777.00

    He then signed and dated it. Of course, I didn’t.

    Anyway, I never heard back from him, and my friend removed his caravan from my property.
    Fast forward to today….

    Come to today, and a bailiff knocks on the door while my partner is at home, which she ignores and proceeds to ring me, while at the same time, the bailiff is also ringing me (He must’ve got the number from the previous bailiff).

    I panic, as I’m at work and powerless to do anything, I ring the bailiff back to be told that “I must pay the full amount by noon tomorrow, or else”, I told the bailiff that I can’t pay the full amount, but I can pay a partial amount on Friday (13th May), the partial payment being half (About £450), but he said that I can’t do that, I have to pay in full by noon tomorrow. He then proceeded to say that I should borrow the money from a friend/family member or Payday loan, and as I told him, I’m not in the position to be able to do this, he said have you got a credit card, to which I said no…. He was then ummin and aahhhhin, and told me again that I must pay the debt in FULL by tomorrow lunchtime, to which I said that is not possible.

    He said, if I don’t pay, he will have to come back tomorrow regardless.
    And he said that if he comes back tomorrow, that will accrue a further £180.00 charge on top.
    What he did post to me through the door today, NOT in an envelope addressed to me… just shoved through the door, is a letter stating:
    “IMPORTANT NOTICE…. Blah blah
    A BAILIFF REMOVEL TEAM VISITED TODAY TO REMOVE YOUR GOODS FOR SALE BY PUBLIC AUCTION
    The initial charge for today’s visit amounted to £…180-00
    N.B Additional charges could be incurred if we re-attend to remove.
    Total Now Due and payable is: £….957-00
    In order to prevent the removal of your goods you must contact the bailiff immediately on: 07xxxxxx”
    He then sign it: Kevin Ward, and the date/time etc etc.
    At the top of the letter, in biro, he has written: “To re-attend today” - But it would appear he didn't re-attend today !

    Now this is where this forums comes in, and I realise now, that I shouldn’t have spoken to him, but that’s irrelevant, as NO bailiff has been in my house ! And never will do.
    Tomorrow, he is coming again – Not an issue to me, as I have a day off, I will be at home, and will be sat in my chair supping a cuppa coffee when he knocks J
    And I hope that he posts the same again tomorrow, as he did today – Great stuff to show the council on Friday !
    Vicarious liability, anyone ?
    Adding £180.00 charges for no reason ?
    I admit, over the 2 different bailiffs so far, and in total, they have acrewed the 2 visit charges, so I owe B&S £42.50 – I know this, but I ain’t paying £180.00 for todays visit then a further £180.00 for tomorrows visit.

    Anyway, what’s going to happen, is Friday, when I get paid, I’m going down the council offices, I shall pay them £150 on Friday towards the debt, I shall also show them the letters the bailiffs have given me (Again, vicarious liability ?), where they are charging £180.00, and then I shall go down every 4 weeks from Friday to pay a further £150 off towards the debt. I think that is reasonable, do you ?
    Oh, and because I haven’t heard from the “original” bailiff, I have ‘hid’ my car for tonight, ready for them tomorrow ! They aren’t actually after my car – Do you think they have forgotten about what the 1st bailiff did ?

    But my question is, how do I handle B&S ?

    I shall start paying the debt owed to the council on Friday, and every 4 weeks thereafter (at £150 a month), but what about B&S ?
    As in 4-5 months time, my debt with the council will be over, but how do I handle B&S ?

    A £600 debt, has now gone to an almost £1000 debt with B&S - Bearing in mind, they "are" coming back tomorrow, so might accrue to almost £1200. Seem fair ?

    Thank-you,
    Ferret !
    Last edited by FerretAD; 11th May 2011, 01:40:AM.
    Tags: None

  • #2
    Re: Bristow & Sutor

    You are doing the correct thing in paying the council direct. However, local councils are staffed with people who don't know anything about bailiff law - so you need to make them understand why these fees cannot be charged and you need to do this in writing.

    This is imperative because as you have correctly identified, the council is vicariously liable for the actions of the bailiffs and if you do not make the council aware that these charges are fraudulent they will pass on the bailiff fees from the money you pay direct to them.

    Therefore, even though your liability order (on paper) will be paid, once the fees are subtracted there will be an amount outstanding and the bailiffs will still chase you.

    There is lots of information in the bailiff forum concerning fraud and what the bailiff is attempting to do here is quite plainly fraud.

    If you need any more help or you want to post up your letter for checking, then just post back here.

    Comment


    • #3
      Re: Bristow & Sutor

      Which Council is it? I've had a run in with B & S myself. They came off worse. But my council were helpful, which is why I asked which council it is.
      Is no longer here

      Comment


      • #4
        Re: Bristow & Sutor

        Thank-you Amy, appreciate the help.
        I'm going to head down the NKDC today.
        I will also draft a letter, and let you know what happens at the council today.

        Wendy - It's North Kesteven District Council.

        Also, they threatened to come back Wednesday, but never did. But I did have an answer phone message left on my phone yesterday (Thursday) but no notice through my door, so i'm not sure if they came to the house or not.

        Comment


        • #5
          Re: Bristow & Sutor

          Just to let you all know, everything with NKDC is peachy... But B&S won't leave me alone.

          Once i'd started paying NKDC direct, B&S sent me a letter stating that they were happy to accept a lower payment, but a week before the payment date i'd set with NKDC.

          I set a certain payment date with NKDC because thats when I get paid... But B&S seem to think I can pay this a week before hand !

          I keep ignoring them.

          But they came back this week, with a vengeance, as Wednesday this week (which was still 2 days prior to the date I 'should' have paid B&S) and they were banging on the door and my front window for about an hour.
          At one point, I heard a metal chain, and the missus said "Your car is about to be clamped".... And sure enough, I peak out the window to see B&S bullies pulling a wheel clamp out the van... 10mins later, I heard it going back in the van.... 20mins later, the clamp comes back out the van, and a further 10mins later, the clamp goes back in the van.
          All the while, I get 3 'missed' calls on my phone and 1 voice mail.

          In the end, they never actually clamped my car..... Strange, eh !

          And needless to say, they have 'levied' my new car I got. And they certainly "charged" me for the privilege !

          Oh, and this is the FIRST of many 'notices' that have been posted through my door that have actually been in an envelope.... They must have restocked on the envelopes.

          Ferret !

          Comment


          • #6
            Re: Bristow & Sutor

            Originally posted by FerretAD View Post
            I’m a bit of a pillock,
            Which bit?

            How did it end up with Blagger & Scumbag - and why didn't the council seek an attachment to earnings order?

            Comment


            • #7
              Re: Bristow & Sutor

              Councils don't always go for AoE, I have no idea why. Have a read of my Bristow and Sutor thread Wends v Bristow Sutor - Legal Beagles Consumer Forum and my mate's thread Shell v B S and two Councils - Legal Beagles Consumer Forum which will give you a few pointers on how to deal with B and S. B and S tend to back down pretty sharpish once they realise you won't be bullied into submission.

              Write to them and inform them that there is no need to set up an arrangement with them as you are already paying the council direct, also inform them that you will pay any legitimate charges to them, once you have received a full breakdown of what those charges are and have verified that they are correct. As B and S are employed by the Council, the council can call them off, just remind the council of their vicarious liability in the matter . Email B and S on their general email address and head up the email COMPLAINT, this will ensure you get a reply.
              Is no longer here

              Comment


              • #8
                Re: Bristow & Sutor

                Normally the best way is to contact the Head of Revenues first by letter or e-mail. They often back up the bailiffs. THEN write to the CEO reminding him/her of their vicarious liability and the fact that their Head of Revenues clearly doesn't understand bailiff law and is laying the council open to serious litigation.

                Comment


                • #9
                  Re: Bristow & Sutor

                  Originally posted by WendyB View Post
                  Councils don't always go for AoE, I have no idea why.
                  As an attachment order would be more likely to be successful and would certainly be less expensive to the debtor, it does seem illogical to eschew attachment orders in favour of distress.

                  Some possible reasons may include:
                  1. a desire to punish the debtor
                  2. an enhanced feeling of superiority, which may be linked to -
                  3. not having had sufficient toys as a child, or having a parent who objected to his/her child pulling wings off flies, or
                  4. the most likely reason - simple stupidity

                  Comment

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