Bristow & Sutor

[sunflower1969]

Hi There I`m a new user....
Don`t know what to do, i had a letter posted through my door this morning hand delivered, it was addressed to myself in my former name (i got remarried in 2008, this letter had my other married surname on it), it was a notice of seizure of goods, by virtue of a liability order for the amount of £1895.00. I cannot tell you who signed it because its nothing but a scribble, underneath is a walking possession agreement, request not to remove goods, its not been signed or dated. It says on the letter goods which have been seized may be removed today. Please note that the amount due must be paid within 5 days from today..
Along with this i got another sheet of paper with a reference number & £209.50 charge & a second visit fee of £30.00, underneath was a different ref no for 417.04 & a levy fee for £38.00, underneath that again was another ref no for £1100.55, first visit fee incurred on 2/8/11, £24.50, second visit fee incurred on 30/8/11, £18.00, Levy fee £57.00.. Nobody has ever visited my address for council tax arrears, i got in trouble 07/08 for not being able to pay but i paid in full to this company & cleared the debt.
The third sheet of paper was an inventory of goods seized??? it`s got my Husbands car details on it but the name on the inventory is in my previous married name. i pay this bill,(does this make sense?), also i`ve found out that the Bailiff who posted the letter went next door asking questions, is this legal???

[CleverClogs]

Re: Bristow & Sutor

Hi There I`m a new user....
Don`t know what to do, i had a letter posted through my door this morning hand delivered, it was addressed to myself in my former name (i got remarried in 2008, this letter had my other married surname on it), it was a notice of seizure of goods, by virtue of a liability order for the amount of £1895.00. I cannot tell you who signed it because its nothing but a scribble, underneath is a walking possession agreement, request not to remove goods, its not been signed or dated. It says on the letter goods which have been seized may be removed today. Please note that the amount due must be paid within 5 days from today..
Along with this i got another sheet of paper with a reference number & £209.50 charge & a second visit fee of £30.00, underneath was a different ref no for 417.04 & a levy fee for £38.00, underneath that again was another ref no for £1100.55, first visit fee incurred on 2/8/11, £24.50, second visit fee incurred on 30/8/11, £18.00, Levy fee £57.00.. Nobody has ever visited my address for council tax arrears, i got in trouble 07/08 for not being able to pay but i paid in full to this company & cleared the debt.
The third sheet of paper was an inventory of goods seized??? it`s got my Husbands car details on it but the name on the inventory is in my previous married name. i pay this bill,(does this make sense?), also i`ve found out that the Bailiff who posted the letter went next door asking questions, is this legal???

No.

The levy is improper and/or invalid.

The fees charged are grossly excessive.

The ba:censored:rd bailiff is not supposed to start asking questions around one's neighbours and may have committed one or more criminal offences thereby.

[ploddertom]

Re: Bristow & Sutor

You need to speak to someone at the Council and ask the following questions:
1 - how many Liability Orders they have against you
2 - the dates they were obtained
3 - the addresses they were for
4 - the period of time each covers
5 - how much each one was for
6 - how much is still outstanding
7 - the dates they were passed on for enforcement

If they turn out to be periods before you re-married then the Council may chase either yourself or your ex, and they may only seize the goods of those two people so any levy on your new OH's goods would be invalid but you will need to challenge them on this.

[sunflower1969]

Re: Bristow & Sutor

The council put me through to debt recovery, i was answered by a vile, rude man who said i owed them money & i had to pay the debt outstanding otherwise he was going to send the bailiff round to retrieve the car... I told them again that the car was not mine, nobody had been to my address until the 29th of this month & i was not aware that i owed anything because i was paying on a monthly basis along with my rent, am i within my rights to tell them that the man who came around asked my neighbour for information, & that i`m seeking legal help from a solicitor? Should i tell them or just send a solicitors letter? The man i spoke to at the council was demanding i paid the £1895.00 again & after it was rectified i`d get reimbursed, i hav`nt got the money to do this, i`m terrified i`ll wake up in the morning & find the cars been clamped....

[CleverClogs]

Re: Bristow & Sutor

If the WPA has not been signed by you, then it clearly is not a WPA but an improper notice of seizure.

If the car gets clamped after they have been told that the car does not belong to the alleged debtor, then they will have been negligent as they should check with the DVLA first.

I may be mistaken, but I believe that the council may be liable for reasonable costs incurred by your husband if the ba:censored:rd bailiff were to immobilise his car for your alleged debt. If that is so, he could claim the expense of car hire until the vehicle was released.

It would be wise to get one or more photocopies made of the V5 for the vehicle, possibly with some enlarged so that the bailiff can read it.

[sunflower1969]

Re: Bristow & Sutor

Also, this man had watched my youngest daughter leave the house to go to college, watched my husband come in from work, he was parked up direrctly behind him apparently (my husband works nights, due to this bloody stupid fuel stampede he was late getting home because he was in a queue to get petrol.) he watched him let himself in, then chose to go to my neighbour to ask his questions, this all happened between 8:00am - 8:20am obviously said neighbour was on guard because my 18 year old had left the house & a strange car with someone unknown was on the street. Why did`nt he ask my husband anything while he was letting himself in? He was there parked up ?

[sunflower1969]

Re: Bristow & Sutor

If the WPA has not been signed by you, then it clearly is not a WPA but an improper notice of seizure.

If the car gets clamped after they have been told that the car does not belong to the alleged debtor, then they will have been negligent as they should check with the DVLA first.

I may be mistaken, but I believe that the council may be liable for reasonable costs incurred by your husband if the ba:censored:rd bailiff were to immobilise his car for your alleged debt. If that is so, he could claim the expense of car hire until the vehicle was released.

It would be wise to get one or more photocopies made of the V5 for the vehicle, possibly with some enlarged so that the bailiff can read it.

Thankyou so very much, this makes me rest a little better,the council are being a shower of s***s at the moment, i`m not sleeping or eating at the moment anyhows because i lost my Mum on the 6th of this month & what with all that & then feeling my family is being bloody stalked its stressful, i cannot thankyou enough for putting my mind at rest xx

[CleverClogs]

Re: Bristow & Sutor

Also, this man had watched my youngest daughter leave the house to go to college, watched my husband come in from work, he was parked up direrctly behind him apparently (my husband works nights, due to this bloody stupid fuel stampede he was late getting home because he was in a queue to get petrol.) he watched him let himself in, then chose to go to my neighbour to ask his questions, this all happened between 8:00am - 8:20am obviously said neighbour was on guard because my 18 year old had left the house & a strange car with someone unknown was on the street. Why did`nt he ask my husband anything while he was letting himself in? He was there parked up ?

Are there any little kiddies in your street?

If there are, would it not be socially responsible to report that oaf's suspicious loitering when he next does that sort of thing? Of course, you don't tell the police that he's a paedophile - just that he seemed to be staring at a kiddy or two. Let them work it out.

After all, if it saves the life of only one child...

[bluebottle]

Re: Bristow & Sutor

That should have them down the street like rats down a drainpipe! As for the piece of paper he pushed through your door, this prat needs to be told, in very blunt terms, he is running a very real risk of prosecution for Fraud by False Misrepresentation (Section 2(1), Fraud Act 2006).

The intelectually-challenged moron at your local council needs to have it explained to him, in words he understands, that you cannot take money from someone they don't owe and which the law does not allow him or the council to take, on the pretence that it will be "reimbursed". It is illegal to do so. If he's an Capita employee, they're programmed to put their fingers in their ears and sing, "La, la, la. I'm not listening." Oh well, their funeral.

[sunflower1969]

Re: Bristow & Sutor

Thankyou everyone for your support, i was feeling quite vulnerable before, now i`m quite upbeat. I was still checking out of my window today though, just in case a car parked up that we did`nt know. It`s horrid to feel so unsettled in your own home, i could`nt be that intimidating to someone, these people must be really really sad or angry with the world to want to do this kind of work.....

[pepsie]

Re: Bristow & Sutor

[quote=sunflower1969;256183]Thankyou so very much, this makes me rest a little better,the council are being a shower of s***s at the moment, i`m not sleeping or eating at the moment anyhows because i lost my Mum on the 6th of this month & what with all that & then feeling my family is being bloody stalked its stressful, i cannot thankyou enough for putting my mind at rest xx


That you lost your Mum but a few weeks ago makes you and your household 'vulnerable' under the National Standards for Enforcement. Contact your Council and advise them you have been recently bereaved and advise the bailiffs of the same.

The debt should be taken back by the Council to resolve with a payment plan and the bailiffs put on hold. However you do need to gather all the information as advised by PT in post #3

I suspect the figure you actually owe the Council will differ greatly from the amount the bailiff wants you to pay!! so you will also need them to give a breakdown of their 'fees'

Pepsie

[CleverClogs]

Re: Bristow & Sutor

Thankyou everyone for your support, i was feeling quite vulnerable before, now i`m quite upbeat. I was still checking out of my window today though, just in case a car parked up that we did`nt know. It`s horrid to feel so unsettled in your own home, i could`nt be that intimidating to someone, these people must be really really sad or angry with the world to want to do this kind of work.....

I believe it is common for bailiffs to be upset that their mothers never got their fathers' names before they left the knocking shop.

[sunflower1969]

Re: Bristow & Sutor

I`ve done all this, i`ve done everything, i`ve paid up in the name i have now, they are chasing me for my former name, they are saying my home is in my former name & that i owe council tax in that name, this is where it gets confusing, i have lived here for 5 years since Dec 2006, i paid my council tax until the 07/08 bill came in & got in a little muddle, i missed 1 paymemt in August & could`nt pull it back in, i finished up with an attachment of earnings but lost my job, i paid back the council because they sent bailiffs round, i let them in & they screwed me for £100 a month...I`ve never missed a payment since but they are saying i`m owing all this money & its in my former name, i got remarrid in 2008, i told the council & the landlord & its still no been rectified.....

[ploddertom]

Re: Bristow & Sutor

I made some suggestions in Post 3 - are you able to answer them? As far as the Bailiffs are concerned you need a breakdown of the fees they have charged. Here's an example of what to send, adapt as yo fit and send initially by email followed by a copy in the post:

"From:
My Name
My Address

To:
Acme Bailiff Co
Bailiff House

Ref: Account No: 123456

Dear Sir

With reference to the above account, Can you please provide me with a breakdown of the charges.

This includes:
a - the time & date of any Bailiff action that incurred a Fee.
b - the reason for the fee.
c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.
d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at.
e - the date of the Certification.

This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

I require this information within 14 days.

Yours faithfully

Ripped off customer"

You say you let the Bailiffs in, can you list the goods seized exactly as described on the Notice of Seizure.

Please note we can only help if you can answer the questions posed.

[CleverClogs]

Re: Bristow & Sutor

i let them in

Why?