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Can't pay the amount Bristow & Sutor have said!!

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  • Can't pay the amount Bristow & Sutor have said!!

    Hi,

    Me and my partner have recently moved in together, I have two boys a 14 and 10yr old and am six months pregnant.
    In July of this year we were visited by a Bristow & Sutor agent, who explained about a Council tax bill outstanding of my partners from 3 years back. He came in, we agreed on a payment plan, he made a list of inventory of goods seized but did not remove anything, my partner signed this.
    He also outlined the payments on a notice of seizure of goods form, which includes extra fees, which he and my partner both signed.
    When I rang up the bailiffs at the end of August as agreed to make the first payment I was told the original agreement is now invalid as some other costs have come to light and also been added onto the account. I asked them where was the letter to explain this as they had over a month to send us one to explain this and I was just fobbed off with an excuse. After lots of discussion we agreed on a first payment which i made but having explained we cannot pay the £240 required for the next five months as it is too much. The woman would't budge or even try to understand our situation!

    We have once again just been on the phone to them and they have said if we don't pay then someone will be round to pick up the items on the inventory listed from the first visit (which is pointless because they came with the house we are currently renting).

    I don't work but my partner does, his pay is very much dependent on commission and these last few months have been very slow, we budget ourselves to make sure we cover all our bills but this payment that the bailiffs are asking for will leave us very short each month plus trying to buy baby bits, near impossible.

    Please could you advise on what we can do to make them understand, we are willing to pay but just not that much, is there a way for Manchester council to take payments? How can we avoid our goods being taken?

    Please help!

    Thank you for reading.
    Tags: None

  • #2
    Re: Can't pay the amount Bristow & Sutor have said!!

    Don't you just love it - you were quite happy with the original agreement but now the Bailiffs have decided to become greedy you are seeking advice - guess what the Bailiffs are about to lose out big style.

    Where to start:
    The Levy
    You say this stems back from a time before you became a couple. The Bailiff may only seize the goods of the Debtor so if any of the items are yours they must be removed. Not wanting to be nosy but what exactly has he put on the Notice of Seizure?

    Yourself
    You mention you are pregnant. This therefore renders the whole household as being vulnerable and the debt should be returned to the Council. To do so write a letter providing proof - letter from midwife or other medical professional - to the Council asking under the circumstances they take the debt back and send a copy to B&S.

    Council
    Ask themthe following
    1. How many Liability Orders they have against you, and the account numbers against which each LO was made.
    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.

    The Bailiffs
    Find out how much you have been charged to date by them. Here's a link as to what to send and do it initially by email - enquiries@bristowsutor.co.uk - followed by a letter in the post, Letter 1 is what you need http://www.legalbeagles.info/forums/...Useful-Letters

    Comment


    • #3
      Re: Can't pay the amount Bristow & Sutor have said!!

      Bump

      Comment


      • #4
        Re: Can't pay the amount Bristow & Sutor have said!!

        "we have once again just been on the phone to them and they have said if we don't pay then someone will be round to pick up the items on the inventory listed from the first visit (which is pointless because they came with the house we are currently renting)."

        Oh dear, it loos very bad for Busted & Stupid, whichever way you look at it, the levy is invalid, third party goods, after next year though the LL would have to do an interpleader to get them back after the severely misguided and stupid Taking Control of Goods amendments come in to effect) The effect of the invalid levy is to cap the fees at £42.50 whatever the bailiff says or threatens, bailiffs lie. Prevent them form a levy, and hide any car there is little Busted & Stupor can do.

        Add the vulnerability as mentioned by ploddertom, and they are up the creek. I would make payments at a rate you can aford direct to the council, if they refuse a payment at the counter get the grunt at the desk to sign to this fact that they cannot accept a lawfully tendered payment and you must deal with the bailiff. this will come in very handy later when you send in a Formal Complaint as it is unlawful for them to refuse, and there is no law that says you are forced to deal with a bailiff.

        Comment


        • #5
          Re: Can't pay the amount Bristow & Sutor have said!!

          Hi there,

          Firstly thank-you for the great advice, have started the ball rolling by writing the letters you recommended.

          On the Notice of Seizure the items listed were Samsung TV (it's actually a Sony and is mine but a little worried as I don't have the paperwork to prove it), 3pc Suite (belongs to the landlord, we have proof), Table and 4 chairs (there are only 2 chairs and again this belongs to the landlord and we have proof), Panasonic microwave (belongs to the landlord, we have proof). This is what the bailiff managed to list just walking through the living room to the kitchen.

          My partner is off on Monday & Tuesday, so he will ring the council and find out exactly which address he lived at that the council tax was owing and by locating the correct borough be able to write the the right council. I have tried but the council will not discuss the account with me as it's not in my name.

          Comment


          • #6
            Re: Can't pay the amount Bristow & Sutor have said!!

            Thank you for your reply.

            That's very useful to know that the council cannot refuse our payment as it is unlawful.

            Comment


            • #7
              Re: Can't pay the amount Bristow & Sutor have said!!

              Even if you owned all the items only the TV would be up for grabs imho, as for the 3 piece, if that was taken would there be sufficient seating for the whole family? if not he could't take it, in any event as most of the levied goods belong to the landlord it is invalid, as the TV alone would not cover cost of removal, sale and a portion of the debt if sold. that leaves the conclusion that the bailiff levied soley to garner fees for himself, as the items were third party and what remained was of little value. Inform the council of this by phone and email stating that the levy is dubious, due to third party goods, and as you are vulnerable they should take the debt back, and due to the invalid items on the levy you cannot trust Busted & Stupor to deal fairly with you, notwithstanding they should not now be involved as you are vulnerable.

              Comment


              • #8
                Re: Can't pay the amount Bristow & Sutor have said!!

                They couldn't take the TV as it is listed as Samsung - there isn't a Samsung TV to take. Does the 3 piece suite still have fire tags on it, if not, they can't take it regardless.

                It looks to me like the levy is totally invalid. You don't have the assets to repay the debt and eventually the bailiffs will have to return it to the council. They should do this immediately, but probably won't.

                Meanwhile, start paying what you can off the debt to the council using the automated phone system, or paying online. There is a debt to be paid, so you might as well start paying it. It is a good habit and may just be useful for the future to pay a regular amount, say £10 every Friday. :beagle:

                Comment


                • #9
                  Re: Can't pay the amount Bristow & Sutor have said!!

                  Also, I believe I've read that wall-mounted tv's are classed as fixtures & so are exempt from a levy.

                  (That 'No More Nails' is handy stuff! )
                  CAVEAT LECTOR

                  This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                  You and I do not see things as they are. We see things as we are.
                  Cohen, Herb


                  There is danger when a man throws his tongue into high gear before he
                  gets his brain a-going.
                  Phelps, C. C.


                  "They couldn't hit an elephant at this distance!"
                  The last words of John Sedgwick

                  Comment


                  • #10
                    Re: Can't pay the amount Bristow & Sutor have said!!

                    It may just be the bracket that is affixed, the TV may just be slotted on it dependent on size & weight. However in this case it is superfluos as the levy in my view is invalid, however a Landlords Inventory should be submitted to prove owbership of the goods and the levy and all/any associated fees should then be removed.

                    Comment


                    • #11
                      Re: Can't pay the amount Bristow & Sutor have said!!

                      Originally posted by millymolly79 View Post
                      Hi,

                      Me and my partner have recently moved in together, I have two boys a 14 and 10yr old and am six months pregnant.
                      In July of this year we were visited by a Bristow & Sutor agent, who explained about a Council tax bill outstanding of my partners from 3 years back.....etc

                      Please help!

                      Thank you for reading.
                      The bailiff from Bristow and Sutor has performed an illegal levy, it must have been obvious when they visited in July that you were pregnant.....no warrant can be executed agains a pregnant woman unless she agrees in writing to carry on with this type of action.

                      If you did not consent (in writing) for the bailiff to proceed with enforcing the Liability Order, then they acted illegally. They should have asked for when the baby was due, walked away, inform the Authority of the situation and told you they will call again a month after the projected birth date.
                      The Black rat (Rattus rattus) is a common (hence the accusation of being Pleb) long-tailed rodent of the genus Rattus (rats) in the subfamily Murinae (murine rodents). The species originated in tropical Asia and spread through the Near East in Roman times (another thing that we ought to thanks the Romans for, besides roads, aqueducts and public toilets) before reaching Europe by the 1st century and spreading with Europeans across the world.

                      A mutation of the beast now comes black leather clad, riding a motorcycle that looks like a battenbergh cake on wheels.

                      A skilled predator, totally ruthless with it's prey, but also known to be extremely generous in doling out tickes that can provide points for motorists who want to downsize from mechanically propelled vehicles to bycicles.



                      It's a dirty job, but someone got to do it!

                      My opinions are free to anyone who wishes to make them theirs, but please be advised that my opinions might change without warning once more true facts are ascertained

                      Comment


                      • #12
                        Re: Can't pay the amount Bristow & Sutor have said!!

                        Originally posted by Sir Vere Brayne d'Emmidge View Post
                        They should have asked for when the baby was due, walked away, inform the Authority of the situation and told you they will call again a month after the projected birth date.
                        To seize the baby for sale to a pop singer? :bolt:

                        Comment


                        • #13
                          Re: Can't pay the amount Bristow & Sutor have said!!

                          Originally posted by CleverClogs View Post
                          To seize the baby for sale to a pop singer? :bolt:
                          Oh no not Gary Glitter? Wouldn't be Brangelina as they like babies from third world countries. Wait a minute with all the kangaroo legislation coming in (TCGA) Britain is third world now

                          Either way if the debt is for a period before the partner moved in Busted & Stupor, cannot touch Op's property. Maybe stat dec to protect it B & S are noted for the intelligence of a retarded amoeba

                          Comment


                          • #14
                            Re: Can't pay the amount Bristow & Sutor have said!!

                            Originally posted by CleverClogs View Post
                            To seize the baby for sale to a pop singer? :bolt:
                            Of course what else....unless the bailiff from Bull & $hyt3 is like me.....I love children, poached, fricasséd or simply roasted with a spigg of rosemary, stabbed with garlic cloves and drizzled with olive oil, but I could not eat more than one at the time.
                            The Black rat (Rattus rattus) is a common (hence the accusation of being Pleb) long-tailed rodent of the genus Rattus (rats) in the subfamily Murinae (murine rodents). The species originated in tropical Asia and spread through the Near East in Roman times (another thing that we ought to thanks the Romans for, besides roads, aqueducts and public toilets) before reaching Europe by the 1st century and spreading with Europeans across the world.

                            A mutation of the beast now comes black leather clad, riding a motorcycle that looks like a battenbergh cake on wheels.

                            A skilled predator, totally ruthless with it's prey, but also known to be extremely generous in doling out tickes that can provide points for motorists who want to downsize from mechanically propelled vehicles to bycicles.



                            It's a dirty job, but someone got to do it!

                            My opinions are free to anyone who wishes to make them theirs, but please be advised that my opinions might change without warning once more true facts are ascertained

                            Comment


                            • #15
                              Re: Can't pay the amount Bristow & Sutor have said!!

                              Originally posted by ploddertom View Post
                              It may just be the bracket that is affixed, the TV may just be slotted on it dependent on size & weight. However in this case it is superfluos as the levy in my view is invalid, however a Landlords Inventory should be submitted to prove owbership of the goods and the levy and all/any associated fees should then be removed.
                              If what Milo has posted on another forum regarding the Taking Control of goods Act coming in next year, is fact, the landlord would have to pay the value of the goods and all Busted & Stupid's fees into court for an interpleader to claim them if this scenario was in 2014, as this legislation puts a simple way of claiming third [arty goods into a court fest of fees and interpleader like arguing wih a HCEO about his levy on your car for the debt at the property you just hapenned to be parked adjacent to....grrrrrrrrr

                              Comment

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