Desperate Baliff Plea, Please Help!

[CleverClogs]

Re: Desperate Baliff Plea, Please Help!

I can't copy it onto here as my MS Word free licence has run out lol.

So get AbiWord - link - instead.

[PocketTheDifference]

Re: Desperate Baliff Plea, Please Help!

Amy actually pulled through, I wasn't expecting anything less, A bloomin rock in my case tbh!! I couldn't of done it without her.

I do have one last qusetion while this goes on in the background. The lady from the council Told me she would give me three days. all I have done so far is send 4 letters (of the same variety) to the council, three to the same place, one addressed to the lady I spoke to and another to a different address supplied on the site.
Now do I wait until Monday and wait for a reply letter OR would I need to call them again to ask them to stop any further charges until I recieve a reply.

[PocketTheDifference]

Re: Desperate Baliff Plea, Please Help!

Hey all, I'm calling these council fools tonight for a chase up as the three days le way are up, I bet I have had no reply, I guess I should ask them for a few more days stop on charges if I have had no reply?!!?

[WendyB]

Re: Desperate Baliff Plea, Please Help!

If it's not broken, don't try and fix it! You have already sent all the letters etc, what on earth is the point in calling the council and waking them up again? You know you are right regarding the charges. I should imagine that by now the council know this too. Just get on with your life and cross the bridge when you come to it, instead of constructing a new one.

[PocketTheDifference]

Re: Desperate Baliff Plea, Please Help!

I have taken your Advise Wend, Thanks mate. I havn't called them, and I know I sent 3 letters, plus posted one, plus one Straight to the person I addressed in the first place AND the extra address that High peak council have on their website so i am well covered.

Cheers all I will update when I hear something.

[PocketTheDifference]

Re: Desperate Baliff Plea, Please Help!

Hi All,
Just an update. I have had a letter or response. Not exactly what I wanted.

Dear XXXX
Thank you for your correspondance regarding the liability at XXXX.

I have forwarded your letter dated the 6th to Birstow and Sutor. They will respond direct to yourself and forward a copy to the council.

I have extended the "hold" on your account until the 31st Oct 2011 to allow sufficient time for the matter to be resolved.

Your sincerely Mrs Middleton.

.....................
Well, First it's dated the 13th and today is the 19th.....Not that it matters too much.

But Now they have passed on my new address to the baliffs to start harrassing me at my new address. blooming great stuff that. and it's not exactly an answer is it....

Any clues....do i just wait for these monsters now???

[PocketTheDifference]

Re: Desperate Baliff Plea, Please Help!

Ok then today I Received a reply from Bristow & Sutor.

It Reads....

Dear Sir,

We have been forwarded a copy of your letter, issued to our client, High Peak Borough Council, the content of which has been noted.

They have asked us to investigate and respon to you directly. We will therefore, clarify each of the issues raised in the same order you have for ease:

The Regulations direct to us to charge "reasonable costs" and not "actual costs" when incurring a Van/Abortive Removal Fee. Having reviewed your account we consider the charge to be "reasonable". the charge isn't just for the vehicle used; it is for the profesional members of staff to visit, with a view, to removing goods and also takes into consideration many other factors such as transport. You may not agree with this charge, but it doesn't make it incorrect. Furthermore, the fee may be different each time it is incurred as it is also based on the time spent resolving the account.

We Haven't acted in a fraudulent way and refute this claim strenuously. The Van/Abortive Removal Fee is incurred only when a visit takes place and we fail to see how you consider this to be fraudulent or dishonest.

We are confused as to your comments about walking possession as you have not entered into such agreement, therefore this is irrelevant. Goods have previously been seized and we are looking to now remove them to be sold at public auction. We have the legal right to return to remove the items and should access be refused tho the items, we can look to forcibly gain access to them. It is irrelevant if you have moved to a different address, the levy remains in place.

With regards to the fees incurred we believe we have complied with the National Standards for Enforcement Agents Guidelines, Details of the charges incurred were recorded on the Notice of Seizure of Goods left at the premises on the 16.06.11. Furthermore, on the reverse of the document is an explanation of the charges incurred with the distress and any future charges that may be incurred.

Finally, the bailiff whom last visited on your account is called XXXX and we can confirm he is a certified bailiff, his certificate was issued at Worcester County Court, you can contact them to verify this, should you wish to.

We trust you will now understand from the above that we acted correctly and in accordance with the law.

Yours Sincerely

Senior Compliance Officer.
Bristow & Sutor.[/COLOR]


Guys...Where do I go next??? Any help and advice on this would be massively appreciated... :S

[Caspar]

Re: Desperate Baliff Plea, Please Help!

You say you sent three letters. What three letters did you send? Without knowing what you have said to the council it is hard to try to help.

[WendyB]

Re: Desperate Baliff Plea, Please Help!

If no walking possession agreement is in place, how/when/where have they previously seized goods? What was the levy actually levied on? Just remind me whether they ever got peaceful entry or not? As I can't remember without rereading the whole thread.

[WendyB]

Re: Desperate Baliff Plea, Please Help!

You say you sent three letters. What three letters did you send? Without knowing what you have said to the council it is hard to try to help.

PTD sent one letter, to 3 different places, as per his post on 13th October. As the letter was drafted by Amy, I'd be very surprised, not to say gobsmacked, even, if it was incorrect.

PTD, I notice in B & S's reply that they have not addressed the question of the bailiff not leaving you a breakdown of charges and fees, nor have they provided you with one.

[Caspar]

Re: Desperate Baliff Plea, Please Help!

I agree if Amy drafted it, it will almost definitely be correct. It would still be useful to know what was in it.

[Amy]

Re: Desperate Baliff Plea, Please Help!

I did and it was.

[Caspar]

Re: Desperate Baliff Plea, Please Help!

And what was in it?

[PocketTheDifference]

Re: Desperate Baliff Plea, Please Help!

I will post it up in a sec when I find it between email accounts. Cheers for looking again all.

Well Peacful entry was cleverly gained by them calling when I was in work and my flat mate as a rule just buzzez anybody in to the flat so they got in through my flat mate just letting them in.

So i guess peacful that way. however I have since moved.

The three letters where sent to two different addresses, just to make sure I know how some places "never" actually get these kind of letters and would love to just send the bailiffs around

I shall find that letter and post it for you to read, Amy's letter was brilliant I guess now it's a case of constructing Letter Stage 2 and getting this to the council/bailiffs.

Pocket

You would be correct in thinkl I have never been given or handed in person a breakdown of charges and fees

[PocketTheDifference]

Re: Desperate Baliff Plea, Please Help!

Ah Found it, (Thanks Again Amy a good read nonethe less )

Dear Sirs,

Further to my telephone conversation yesterday (5th October) with Mrs Middleton I
feel I should clarify a few points. (under address SK177AL) – (SK176LQ) 25 Hollins St, Buxton.

Birstow & Sutor have added a ‘Van Attendance’ fee in the amount of £150. As you are no
doubt aware, The Council Tax (Administration and Enforcement) Regulations
1992, Schedule 5 only provides “reasonable costs and fees incurred” [may be
charged]. Therefore, charging a fee of £150 to visit my property is not at all
reasonable since I could hire a van locally for around £80. Moreover, the bailiff
would not have visited only my property that day. He would have visited several
properties and, therefore, the cost of the van hire should be divided equally between
those debtors visited.

To charge each and every debtor visited the fee of £150 is fraudulent as per the
previous Minister of State, Home Office (Baroness Scotland of Asthal): A bailiff
or any other person who dishonestly charges for work that has not been done will be
committing an offence under the Fraud Act 2006. Section 1 of the 2006 Act
contains the new general offence of fraud.

Notwithstanding the above, the walking possession that exists for this Liability Order
was gained at my previous address. The bailiff has not been granted peaceful entry
to this property and neither will he be. Therefore, no goods may be seized
from my property since the walking possession is now invalid. Accordingly, the fee
for attending with a van should be removed forthwith. I am unsure as to what other
fees have been applied to this account since the bailiff negated to leave me notice of
same, as he is required to do under the National Standards for Enforcement
Agents, May 2002.

Furthermore, the bailiff has not left me his full name so that I may check his
certification status. Please confirm to me in writing that, a) he is certificated and b)
which court certificated him.

I am sure you will agree the problems I am facing here and look forward to hearing
from you on the points raised above. If you would like to speak with me, then please
telephone me on