debt paid in full

[Royalie]

Hi!
Help needed urgently!
Bailiff been round today, and climbed in through open window, husband told them to leave in no uncertain terms
They then posted a "notice of intention to force entry" which stated that goods were noted down and would be siezed if debt was not paid.
I have been paying directly to the council monthly and have been forced into paying them the remainder tonight.
Can anyone please tell me if the bailiff can now come back, and break in for their charges alone.
They have given me till 8am in the morning to ring him to make payment.
Thanks for any advice
Royalie.

[wales01man]

Re: debt paid in full

My god if i was at home and a bailiff came in through a window i dont think he will leave uninjured i beleive in an english mans home is his castle i would probable get done but i would as they say repel all boarders

[messimoo]

Re: debt paid in full

you mean that instead of knocking on the door he just decided to climb through your window and confornt you that way, I would have watched him try to enter then slam the window shiot on him then call the cops and say you have caught a burglar.

[Royalie]

Re: debt paid in full

I too am suprised that he left un injured, as it was the husband who was home at the time
Just concerned now that as he has gained "peaceful entry" he will come back to collect his fees, like I said, debt is now paid in full to the council!

[bluebottle]

Re: debt paid in full

Are you saying that the bailiffs left without a mark on them? They should have left on an ambulance trolley, wearing a neck brace at the very least. No. Only joking. These two prats cannot force entry without a signed and sealed court order. Which bailiff company is involved and what did they list on the WPO, please?

[Royalie]

Re: debt paid in full

Hi! It's Bristow & Sutor, they didn't list any items, the letter just states " I visited today to remove goods that were listed down by a bailiff on....26/07/2012.....(todays date!)
They called several months ago and put my husbands car down as being levied, however they wrote the registration number down incorrectly!!!!

[bluebottle]

Re: debt paid in full

The levy is invalid if they have not previously gained peaceable entry and did not list the items as they will not be able to identify the items they allegedly listed. Bristow & Sutor are not exactly known for compliance with the law of the land. You and your husband need to make a formal complaint to the council first thing tomorrow morning. Tell the council the full amount has been paid to them. From what I can see, B & S would only be entitled to £42.50 + VAT @ 20%, totalling £51.00. However, there are other LB members who are more experienced on the bailiff fees side than I am and I am sure one will be along soon.

[Royalie]

Re: debt paid in full

BAST***S! B&S came today and pretty much forced us to pay their charges. They were threatening me and really intimidating. Husband struck a deal, but they are a bunch liars and thugs.
Even called the police but tbh they were not much use, and knew nothing about these situations. Even citizens advice get me incorrect info.
Not happy and and £300 worse off

[messimoo]

Re: debt paid in full

complain to the police about their contuct and these thugs did nothing morr than demand money with menaces which is illegal don,t let em get away with it fight

[bluebottle]

Re: debt paid in full

BAST***S! B&S came today and pretty much forced us to pay their charges. They were threatening me and really intimidating. Husband struck a deal, but they are a bunch liars and thugs.
Even called the police but tbh they were not much use, and knew nothing about these situations. Even citizens advice get me incorrect info.
Not happy and and £300 worse off

Could you list what charges B & S levied, please, Royalie? If there are any fraudulent/unlawful charges, this should be evident.

In view of the behaviour of B & S and your local police force, I am going to advise you to make formal complaints to a number of law enforcement/regulatory agencies and government departments.

OFFICE OF FAIR TRADING CREDIT FITNESS TEAM

In order to collect CT arrears, B & S have to hold an OFT Category F Debt Collection Licence as a condition of contract/tender. Without this, they would not be allowed to tender. This has advantages, especially where bailiff misconduct is concerned.

You need to send a complaint, by email, to enquiries@oft.gsi.gov.uk inserting the words CREDIT FITNESS in the subject box. Give a clear and concise resume of your complaint. You will need to quote the following details in your complaint -

Company Name: Bristow & Sutor Civil Enforcement Ltd
Co. Reg. No.: 01431688
Credit Licence No.: 155278

You should also report the matter to your local Trading Standards Department, as they carry out investigations, on behalf of OFT, and have enforcement powers.

DEPARTMENT FOR COMMUNITIES AND LOCAL GOVERNMENT

Making a formal complaint about the actions of the council to the DfCLG can, sometimes, be an alternative to or supplementary to making a complaint to the Local Government Ombudsman (LGO). The contact details for the DfCLG are as follows -

Eland House
Bressenden Place
London
SW1E 5DU

Email: contactus@communities.gsi.gov.uk

Rt Hon Eric Pickles (Secretary of State)
Rt Hon Grant Shapps (Minister of State for Housing & Local Government)
Sir Bob Kerslake (Permanent Secretary)

MINISTRY OF JUSTICE

Making a formal complaint about the actions of the bailiffs should be brought to the attention of the MoJ. The contact details are as follows -

Ministry of Justice
102 Petty France
London
SW1H 9AJ

Email: general.queries@justice.gsi.gov.uk

Rt Hon Kenneth Clarke PC QC MP (Lord Chancellor & Secretary of State)
Rt Hon Jonathan Djanogly MP (Under-Secretary of State)[Portfolio includes HMCTS and bailiffs]
Sir Suma Chakrabarti KCB (Permanent Secretary)

If you have the names of the bailiffs involved, you can report them to the MoJ's Bailiff Department, by email, at cbregister@hmcts.gsi.gov.uk. I would also advise, if you have the bailiffs' names, to run a check with the MoJ Certificated Bailiff Register at www.justice.gov.uk and write to the court manager at the courts that issued the bailiff's certificates. One poster did this on CAG and the District Judge at the court requested a Form 4 complaint.

POLICE

Under normal circumstances, I would advise people to complain to the station Superintendent about the actions of the police officers who attended. However, in this case, I would go straight to the Chief Constable of the police force involved. In addition to this, I would make it clear to the Chief Constable that you will refer the matter to the IPCC, if necessary. If the Chief Constable offers to refer the matter to the IPCC voluntarily, this is not unreasonable. However, please be aware that police forces are, in certain cases, required to refer the matter to the IPCC, by law, and if you receive such a response from your local police force, it is likely that your complaint falls under this requirement. You may also wish to bring the matter to the attention of the Home Office, which is responsible for policing. Their contact details are as follows -

Home Office
2 Marsham Street
London
SW1P 4DF

Rt Hon Theresa May MP (Home Secretary)
Rt Nick Herbert MP (Minister of State for Policing)

Independent Police Complaints Commission Regional Offices

Wales & South West: Eastern Business Park, Wern Fawr Lane, St Mellions, Cardiff CF3 5EA
London & South East: 5th Floor, 90, High Holborn, London WC1V 6BH
North East: PO Box 694, Wakefield WF1 9NU
North West & Central England: 1st Floor, Oaklands House, Washway Road, Sale M33 6FS

Email: enquiries@ipcc.gsi.gov.uk

ALSO....

In addition to those above, make sure you take this up with your local ward councillor and MP.

[Royalie]

Re: debt paid in full

I am going to request a full breakdown of all their charges, but what I would like to know is can they charge for time spent at the property? As when we decided to pay them just to get rid, he started talking about being at the property for 2 hours and charging £30 per half hour he was there and he had to pay the other 2 muppets that were sat in the van! As soon as I get the breakdown, i'll be doing some serious research!

[Royalie]

Re: debt paid in full

Oh, and I think that they have charged us £140 for attending with a van on both days when they didn't have a WPA!

[ploddertom]

Re: debt paid in full

I am going to request a full breakdown of all their charges, but what I would like to know is can they charge for time spent at the property? As when we decided to pay them just to get rid, he started talking about being at the property for 2 hours and charging £30 per half hour he was there and he had to pay the other 2 muppets that were sat in the van! As soon as I get the breakdown, i'll be doing some serious research!

I assume this is for Council Tax. If so then they may only charge as per the Regulations and these do not allow for Waiting Time. If you are sending for a breakdown of their charges then I can only urge you to do so sooner rather than later and it is best done initially by email followed by a letter in the post.

[ploddertom]

Re: debt paid in full

Oh, and I think that they have charged us £140 for attending with a van on both days when they didn't have a WPA!

I don't quite understand your question? Please note however that a WPA does not have to be signed to make a levy/seizure of goods valid. The signing of the WPA allows them to charge an extra fee of £12.

[ploddertom]

Re: debt paid in full

From what I can see, B & S would only be entitled to £42.50 + VAT @ 20%, totalling £51.00.

VAT may not be charged on fees for Council Tax.