Bristow and Sutor; Parking offence.

[alan1984b]

I have been getting grief from B&S for two months now, they apparently were going to my old address (even-though all my information accessable to these companies states my current address) and visited there, 6 times. i have drafted a letter and will be sending it soon could i just get some feed back as to the accuracy of the information i have found on here and online elsewhere.

To whom this may concern.
I have yet again come home to another letter posted through my door, and yet again I have been charged in excess of £200. Now everywhere I have asked and looked the charges added to my account are far beyond reasonable costs, considering the original charge was for £112. So not only were your bailiffs visiting the wrong address and as soon as the sum seemed to be a worthwhile amount for yourselves. Someone in your office actually used an ounce of initiative and searched me on the electoral role and found me then you’ve continued to harass me and my heavily pregnant wife.
Now I have tried to call your office on more than one occasion, each time I was kept waiting for more than 30 minutes and asked to leave my number for a call back. The one occasion I have spoken to someone when I asked for a full breakdown of the charges, firstly I was told I what I owed, and with great trouble I was finally told one would be sent out, it still hasn’t arrived. Which makes think there are some unlawful charges being applied to my account?
From the calculations I have done with National Debt Line and Citizens Advice Bureau and that have been done with me on various advice forums, my actual debt can be no more than £218.64
The breakdown of this is;

1. Original Charge - £112.20
2. Letter - £11.20 (chargeable ONLY once)
3. Visits (maximum of three chargeable at 28% of original debt) - £31.42 x 3 = £94.25
4. Plus 5.5% of the sum over £200; 5.5% of £18 = £0.99
5. Totalling £218.64

So can you please enlighten me as to how £112 rises to £744.21 and can be deemed as REASONABLE costs?
Now I know there will be some mystical reason for these charges but before you say that they are because, of Levies to remove, Notices to remove and or any specialist vehicles/persons with intent to remove goods. There have been no entries to my property, and there will not be, there have been no accurate levies made for my property, and I have NOT agreed to any liability. So any charges for the inaccurate levies will be removed from the unfair sum of £744.21.
I am copying this letter to CAB, National Debt Line, and Worcester Council as I am raising a second complaint with them about yourselves and your bullying tactics.

Yours faithfully
Alan Bedford

Any feedback would be greatly appreciated

[bluebottle]

Re: Bristow and Sutor; Parking offence.

You might also want to file a formal complaint against B & S with OFT Credit Fitness Team and your local Trading Standards Department. I am attaching a document that takes you through the process of filing a complaint with OFT Credit Fitness Team. I am also attaching a copy of OFT Debt Collection Guidelines which you should study and list all violations in your complaint.

Also, make sure you include these very important details in the complaint -

Company Name: Bristow & Sutor Civil Enforcement Limited
CCA Licence No.: 155278

Another LB member has recently made a complaint against a bailiff company to OFT and has been informed that they are dealing with a high volume of complaints against bailiffs and debt collection agencies. The loss of an OFT licence to a bailiff company can be disastrous as it prevents them from collecting non-public debt and a lot of public debt contracts require bailiff companies to hold a valid OFT licence.

The matter appears to relate to a PCN, so I am attaching relevant legislation, also. This contains details of the fees B & S can lawfully charge.

[labman]

Re: Bristow and Sutor; Parking offence.

Before you do anything, you can check out the accuracy of everything here:

http://www.legalbeagles.info/forums/...rking-Offences

[alan1984b]

Re: Bristow and Sutor; Parking offence.

Thank you, from them two enforcement documents all i can gather is i will need to add VAT to the sum. I will be definatly looking at the complaints route, i have an ex-rugby-team-mate who works at B&S as a collector he tells me all sorts but they seriously believe theyre allowed to act this way. would you say that the letter ive drafted is sufficent or should i go down the complaints route first? just need some advice as ive never been in this situation before and if they turn up at my door and get aggressive with my heavily pregnant wife again and im there. They wont be collecting nothng but their teeth from the floor. its getting me really stressed.

[labman]

Re: Bristow and Sutor; Parking offence.

If they visited and gave your heavily pregnant wife a hard time they are in breach of the National Standars for Enforcement Agents (Vulnerable Persons). It would be worth working this into your letter, and into any further complaints. Other than that, the letter looks good. Please let us know the outcome.

[bluebottle]

Re: Bristow and Sutor; Parking offence.

A complaint to OFT Credit Fitness Team and Trading Standards is a must. You can do this by email. Complaining to the local authority involved is also a must. They are 100% vicariously-liable for B & S's actions. Ask for a breakdown of fees as Labman recommends. This can sometimes have the effect of making questionable fees suddenly disappear.

In your letter, you could mention that you have checked the Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993-2003 and find that the fees being demanded are not in accordance with the legislation. You could invite B & S to confirm, in writing, that the fees are a true and complete account and in accordance with current legislation. Expect a volatile response if you do because you are inviting them to hang themselves.

[ploddertom]

Re: Bristow and Sutor; Parking offence.

If you have moved then contact the Traffic Enforcement Centre and ask to for the Out of Time docs to be sent to you via email, complete & return and apparently if received back before 4pm they will accept it, inform the Council & Bailiff will be pulled off immediately. You will need the ticket number.

[alan1984b]

Re: Bristow and Sutor; Parking offence.

If you have moved then contact the Traffic Enforcement Centre and ask to for the Out of Time docs to be sent to you via email, complete & return and apparently if received back before 4pm they will accept it, inform the Council & Bailiff will be pulled off immediately. You will need the ticket number.

I never got the actual ticket, it was just an open envelope, I called Worcester council on the day and was told be Linda in their enforcement office i just had to wait until i heard anything from them. i dont mind the ticket i will pay that, i can afford what B&S are trying to charge i just aint paying it because i feel its unfair.

[alan1984b]

Re: Bristow and Sutor; Parking offence.

This is what i think to be my final draft, I really want to thank you for the help you've given me.

To whom this may concern.
I have yet again come home to another letter posted through my door, and yet again I have been charged in excess of £200. Now everywhere I have asked and looked the charges added to my account are far beyond reasonable costs, considering the original charge was for £112. So not only were your bailiffs visiting the wrong address and as soon as the sum seemed to be a worthwhile amount for yourselves. Someone in your office actually used an ounce of initiative and searched me on the electoral role and found me then you’ve continued to harass me and my heavily pregnant wife.
Now I have tried to call your office on more than one occasion, each time I was kept waiting for more than 30 minutes and asked to leave my number for a call back. The one occasion I have spoken to someone when I asked for a full breakdown of the charges, firstly I was told I what I owed, and with great trouble I was finally told one would be sent out, it still hasn’t arrived. Which makes think there are some unlawful charges being applied to my account?
I have checked the Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993-2003 and find that the fees being demanded are not in accordance with the legislation. From the calculations I have done with National Debt Line and Citizens Advice Bureau and that have been done with me on various advice forums, my actual debt can be no more than £218.64
The breakdown of this is;

1. Original Charge - £112.20
2. Letter - £11.20 (chargeable ONLY once)
3. Visits (maximum of three chargeable at 28% of original debt) - £31.42 x 3 = £94.25
4. Plus 5.5% of the sum over £200; 5.5% of £18 = £0.99
5. Totalling £218.64
6. Plus VAT- £262.36 (I shall note these figures are as accurate as the limited information given to me from yourselves)

So can you please enlighten me as to how £112 rises to £744.21 and can be deemed as REASONABLE costs? Could you please confirm IN WRITING that the fees you are charging me are a true and complete account and in accordance with current legislation?
Now I know there will be some mystical reason for these charges but before you say that they are because, of Levies to remove, Notices to remove and or any specialist vehicles/persons with intent to remove goods. There have been no entries to my property, and there will not be, there have been no accurate levies made for my property, and I have NOT agreed to any liability. So any charges for the inaccurate levies will be removed from the unfair sum of £744.21.
I am copying this letter to CAB, National Debt Line, Worcester Council and the Office of Fair Trading as I am raising a second complaint with them about yourselves and your bullying tactics. Finally when it comes to the paperwork your employees leave it couldn’t be any vaguer, under the section Bailiffs full name I do not think simply CHAD is adequate information.
Yours faithfully
Alan Bedford

[ploddertom]

Re: Bristow and Sutor; Parking offence.

I have been getting grief from B&S for two months now, they apparently were going to my old address (even-though all my information accessable to these companies states my current address) and visited there, 6 times. i have drafted a letter and will be sending it soon could i just get some feed back as to the accuracy of the information i have found on here and online elsewhere.
Any feedback would be greatly appreciated

I never got the actual ticket, it was just an open envelope, I called Worcester council on the day and was told be Linda in their enforcement office i just had to wait until i heard anything from them. i dont mind the ticket i will pay that, i can afford what B&S are trying to charge i just aint paying it because i feel its unfair.

The Warant is issued to the address that was supplied to them by the DVLA at the time the "offence" was committed. If the Bailiff has been attending this address & then discovers you have moved since then they should return the ticket to the Council for them to reissue it. They are not allowed to "data cleanse" & attend your new address - they do but hope you know no different and will pay the extra fees they are claiming.

You need to know what address is on the Warrant & when it was issued as they only have short life. Chances are the Warrant may even be out of date. Ask to see a copy of it.

[ploddertom]

Re: Bristow and Sutor; Parking offence.

Have a read of these FAQ's & remember nothing i set in stone http://www.justice.gov.uk/courts/nor...sked-questions

[labman]

Re: Bristow and Sutor; Parking offence.

Have a read of these FAQ's & remember nothing i set in stone http://www.justice.gov.uk/courts/nor...sked-questions

Thanks for that PT - I'll see if I can get that added to our Bailiff Section - it's in there already, but this makes it VERY clear and is 'from the horse's mouth.' A very useful link!

[bluebottle]

Re: Bristow and Sutor; Parking offence.

This is what i think to be my final draft, I really want to thank you for the help you've given me.

Only one small amendment I would make, Alan. In the sentence starting "Could you please confirm IN WRITING...", I would recommend you amend it to read as follows -

"Could you please confirm, IN WRITING, that the fees you are charging me are a true, complete and accurate account and comply, in all respects, with the Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993-2003 and are not false, misleading or deceptive in any material particular. I expect you to provide proof of invoices, receipts, etc., to prove all and any fees you are charging."

Bailiff companies do not like being put on the spot about the fees they charge. So do not be surprised if you receive a lengthy essay, full of excuses, and/or a volatile response. If you get a response that contains threats, simply, scan it and report to the OFT Credit Fitness Team. It will be another nail in the coffin of B & S.

[alan1984b]

Re: Bristow and Sutor; Parking offence.

Only one small amendment I would make, Alan. In the sentence starting "Could you please confirm IN WRITING...", I would recommend you amend it to read as follows -

"Could you please confirm, IN WRITING, that the fees you are charging me are a true, complete and accurate account and comply, in all respects, with the Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993-2003 and are not false, misleading or deceptive in any material particular. I expect you to provide proof of invoices, receipts, etc., to prove all and any fees you are charging."

Bailiff companies do not like being put on the spot about the fees they charge. So do not be surprised if you receive a lengthy essay, full of excuses, and/or a volatile response. If you get a response that contains threats, simply, scan it and report to the OFT Credit Fitness Team. It will be another nail in the coffin of B & S.

The letter was recieved by BS and signed for on 6/11 after two rejected deliveries by Royal Mail, The Bailiff arrived this morning (adding another £138+vat).
I handed him a copy of the letter and explained that his office has had one for 8 days now, and shouldn't have sent him.
His Reply; We have the right to persue this debt under Enforcement of Road Traffic Debts as instructed by Worcestershire County Council, and can force entry as they're here with intent to remove property to the value of £926.

My reply; I suggest you be very careful how you undertake your next action, as I have proof that your office, which instructed you to visit today, has had a letter of compaint asking tho explain these charges and how they relate to this Enforcement of Road Traffic Debts, which you just quoted to me. If you're aware of this legislation you should know that how your company is acting and making you act breaches the law in which they misguidedly hide behind. You should not be here today considering this issue is under review.

He then said as my fron door was open he could push past me to enter.

This ****ED me off, so i explained he could try but if he "pushed" past me i would be entitled to defend myself as his actions towards myself i would see as aggressive, and i would use force until the threat was over.
He left 20 minutes after this.

B&S are pricks, my wife and neighbour witnessed this.

I will be making as many complaints as possible.

[bluebottle]

Re: Bristow and Sutor; Parking offence.

Right. The claim made by the bailiff that he could force entry and that he could push past you if the door was open is total codswallop. If he has to push past someone in order to gain entry or forces entry and he does not have a court order, bearing the seal of the court and wet signed by a judge, he is acting ultra vires (outside the law). The threat alone amounts to misrepresentation of his powers and may even amount to Assault or an offence under the Public Order Act 1986. If he had tried to push past you, he would have, in all probability, invalidated the warrant. This would have immediately annulled any legal protection the warrant conferred on him, as well as rendering any levy or seizure invalid and potentially illegal.

This bailiff has truly overstepped the mark. In addition to a complaint to OFT Credit Fitness Team (or a further complaint if you have already sent one), you need to obtain the full name of the bailiff who attended, the name of the court that issued his certificate and the issue and expiry dates of the certificate. What you are going to do with this information is write to the District Judge at the court that issued the bailiff's certificate and ask if the DJ requires you to submit a Form 4 complaint. Make sure you enclose all relevant evidence with the letter to the DJ, including B & S's "creative accounting". Any fees irregularities are attributable to the bailiff, not B & S. Please be aware that a bailiff certificate can be discharged (cancelled) without a completed Form 4 complaint being submitted and/or without a hearing. In some cases, a letter to the DJ at the court that issued a bailiff's certificate can be sufficient. This happened to a certificated bailiff employed by Ross & Roberts earlier this year.