HELP: Bailiff threatening to send me to jail

[missyme]

Hello all, I am new to this forum and I will really like your help. Im sorry if I am posting in the wrong forum. My council tax bill of £1135 was passed to bailiffs Bristow & Sutor. I tried arranging payment but they wont listen, i tried arranging with council as well and they sent me back to the bailiff. My problem is now they have gained a peaceful entry into my house but didn't list anything as I really don't have much they could take away and i did sign the walking possession agreement. I am the only one working full time now as my partner is not working and also i have the amount of £233 that i currently paid monthly for my present council tax bill to the council. I don't know what to do again and the bailiff is threatening to break in in my absence and when he break in but found nothing to take away he is sending me to jail. Please I need your urgent intervention. Thanks

Missyme

[bluebottle]

Re: HELP: Bailiff threatening to send me to jail

You say the bailiff is threatening to break into your home, then say he broke in and found nothing and say he is sending you to jail. Firstly, Bristow & Sutor cannot send you to prison. They have no power in law to do so. It sounds like they should have told the local authority nulla bono (insufficient goods available) and returned the debt to the local authority,, but have not done so. Also, it sounds to me like B & S are trying to garner fees by breaking in when they knew there were insufficient goods to cover any debt and fees. The only ones who can have you committed to prison is the local authority and in order to do that, they need to take you to court, which is expensive for them. I am going to bump this thread for another of our bailiff experts to look in on and see what else can be done to help you.

:bump:

[missyme]

Re: HELP: Bailiff threatening to send me to jail

Hi thanks for the reply. They haven't break in yet he just threatened that if and when he breaks in and found nothing he can take then he will seek to send me to jail

[ploddertom]

Re: HELP: Bailiff threatening to send me to jail

You need to collect information that puts you in a position of strength. Tackle the Council first to establish exactly what you owe. 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
8 - the dates & amounts of any payments

You must also send off for a breakdown of the fees the Bailiff is trying to charge. Use Letter 1 from http://www.legalbeagles.info/forums/...Useful-Letters send initially by email followed by a copy in the post. Email for B&S should be sent to enquiries@bristowsutor.co.uk

[ploddertom]

Re: HELP: Bailiff threatening to send me to jail

Hi thanks for the reply. They haven't break in yet he just threatened that if and when he breaks in and found nothing he can take then he will seek to send me to jail

If you say he never listed anything on a Notice of seizure then what is he going to try and force entry for, if he does then I would expect it would be him having a holiday at Her Majesty's pleasure. The Bailiff cannot send you to jail, only the Council can do that and even then it is a last resort and you have to be "classed" as a wilful won't pay rather than a can't pay. From what he has done so far gives you enough ammo to make a complaint as he is misrepresenting his powers.

[missyme]

Re: HELP: Bailiff threatening to send me to jail

thanks that is a relief

[bluebottle]

Re: HELP: Bailiff threatening to send me to jail

If you say he never listed anything on a Notice of seizure then what is he going to try and force entry for, if he does then I would expect it would be him having a holiday at Her Majesty's pleasure. The Bailiff cannot send you to jail, only the Council can do that and even then it is a last resort and you have to be "classed" as a wilful won't pay rather than a can't pay. From what he has done so far gives you enough ammo to make a complaint as he is misrepresenting his powers.

From what you have said, PT, IMHO, it appears the bailiff's conduct is such as to bring into question his fitness to hold a bailiff certificate. A formal letter of complaint to the District Judge at the county court that issued the bailiff's certificate, seeking direction as to whether to submit a Form 4 complaint or not may be necessary. But please bear in mind that the DJ could discharge (cancel) the bailiff's certificate on the weight of the letter of complaint alone. This has happened to a certificated bailiff employed by Ross & Roberts in the last 12 months.