Hello Everyone!! I am a newbie and need advice on a bailiff issue!

[marushkababy]

We had a bailiff come and visit us on the 09/08/13 from Bristow and Sutor for a council tax debt. He didn't leave his name. He had come before and with this visit, charged us for two visits. We didn't let him in. My car was parked on the drive, but has disabled tax on it as it is used solely as transport for my husbands sister who is severly disabled. The bailiff decided not to levy on the car and left. On 24/09/13, another bailiff visited from Bristow and Sutor, didn't give his name or show his ID. I had visitors at the time so didn't ask for ID either. He has filled in a notice of seizure of goods form for the car. It is a blue form. The car is worth £3000 and the debt is £331.68. Surely he cannot be thinking of selling our car for such a small debt? Secondly the car is used for a vulnerable person and the disabled tax proves this. I did not sign the notice of seizure of goods either. He just filled it in, left a copy with me and has now charged us an Attendance to Levy fee: £42.50, A Levy Fee: 35.00 and a Redemption of goods fee: £24.18. I wrote to the head of revenues and benefits at the council, to Bristowsutor and Sutor and to the local MP and complained saying that the car shouldn't be levied against as it is used for a vulnerable person so why are we being charged all these levy fees? Also the car is worth a lot more than the debt we owe. I also put a payment plan in the letter, outlining what we can pay, with dates. I have today had a reply from Bristowsutor not acknowledging the letter, just threatening they will be back and will charge for more visits. The letters I sent were sent on Sat 29th Sep, the lett from Bristowsutor is dated 1st October so surely they have received my complaint. What do I do next, I need advice. Many thanks for any advice.

[CleverClogs]

Re: Hello Everyone!! I am a newbie and need advice on a bailiff issue!

As is usual for these goons from Bristols & Hooters, he is making up the "fees" out of thin air.

Have a look at the "sticky" here (link) and you'll see what he is lawfully allowed to charge.

Send letter #1 from here (link) to Busted and Stupid, copied to the Head of Revenues at the culpable council.

[bluebottle]

Re: Hello Everyone!! I am a newbie and need advice on a bailiff issue!

Is the vehicle owned by Motability Finance? If so, it is third-party goods and exempt from seizure. In any case, any vehicle used or adapted for use by a disabled person is exempt from seizure.

As for the fees, the maximum they can charge for visits for Council Tax arrears is £42.50. If the vehicle is exempt from seizure, the levy fee is unlawful and the Redemption Fee is, too.

The local authority should adhere to the National Standards for Enforcement Agents, as published by the Ministry of Justice and agreed by all local authorities and civil enforcement companies. However, it is not enshrined in law, so compliance can be something of a postcode lottery.

Good to see your MP has been notified. Get your ward councillor involved, too.

[marushkababy]

Re: Hello Everyone!! I am a newbie and need advice on a bailiff issue!

Thanks for your replies.
@CleverClogs I will send that letter today to Bristowsutor and to the head of revenue at council.
@bluebottle the car is registered in my name, it isn't owned by Motability Finance, but my sis in law is extremely disabled and my husband and I have to drive her everywhere, to medical appointments, anywhere she needs to go really. I am just a bit concerned about the threatening letter I received today, bristowsutor will be back within 5 days to take the car. I am going to start paying my instalments as of Tuesday 8th Oct but in the mean time they may take the car. Many thanks

[bluebottle]

Re: Hello Everyone!! I am a newbie and need advice on a bailiff issue!

Sounds like you may have to swear a Statutory Declaration to stop these goons taking the car. Has the local authority responded yet? It would not look good if it was plastered all over the newspapers that they allowed B & S to seize a car habitually used for the conveyance of a severely-disabled person. Get onto your local councillor and ask them to kick butt.

[marushkababy]

Re: Hello Everyone!! I am a newbie and need advice on a bailiff issue!

My car reg doc says disabled on it, the road tax has disabled on it. I copied all these documents and sent them to Bristowsutor, head of revenues and mp Saturday gone. So am waiting to hear back. Surely this is evidence it is used for a disabled person. Legally I cannot have disabled tax without using car for a disabled person. Haven't heard from head of revenues or mp yet. Just had that threatening letter from Bristowsutor. It's very stressful, this company really is a law unto itself!

[CleverClogs]

Re: Hello Everyone!! I am a newbie and need advice on a bailiff issue!

this company really is a law unto itself!

They certainly like to think that they are.

Fortunately, the council remains liable for the actions of the muppets (or firms of muppets) it has chosen to enforce debts and the Local Government Ombudsperson (link) can usually persuade them to see sense.

[labman]

Re: Hello Everyone!! I am a newbie and need advice on a bailiff issue!

If making payments, I suggest you make them directly to the council using either online facilities or the automated telephone payment system. If the levy is invalid as appears the case, then there is nothing whatsoever to say you need to deal with the bailiffs at all for Council Tax purposes.

Pay the council, and as long as the bailiff does not get a lawful levy on anything, the most they can charge you for legally is £42.50. Just be prepared for their threats telling you you must deal with them, and the council will say the same if you speak to them. Neither is correct - just pay the council until the debt is clear, sticking religiously to the payment plan you enclosed in your letter.

Once the debt is clear, pay an extra £42.50 for the bailiff fees over and above the amount on the Liability Order and you should be fine.

[bizzybob]

Re: Hello Everyone!! I am a newbie and need advice on a bailiff issue!

If they ignore the evidence of the Disabled VED prepare a Formal Complaint, to the Council Head of Revenues, copies to the CEO, the elected leader and your MP, send a copy for information to Bristols & Stupor, in it mention that Blaby Council and Rossendales were tolchocked by the Ombudsman for just that very thing, unlawful levies and fees on exempt vehicles, in the Blaby case they were not owned by the debtor, but the principle is the same.

[marushkababy]

Re: Hello Everyone!! I am a newbie and need advice on a bailiff issue!

I have sent my complaints off to b and s, head of revenues, local mp, ward counciller who has written to chief exec at council. The only reply I have had so far is from head of revenues confirming they have receivedmy complaint and will get back to me within 21 days. I have paid a third off the debt today and will pay another third next month and last instalment month after next. I just hope b and s don't come back in the mean time wanting to add on more fees! They are such a disgusting company! I am keeping the ombudsman as my last resort if I get no joy with all the people above, I will complain to the lgo. Thanks guys!

[marushkababy]

Re: Hello Everyone!! I am a newbie and need advice on a bailiff issue!

Oh yes, I am also paying direct to council, I want nothing to do with B and S!

[bluebottle]

Re: Hello Everyone!! I am a newbie and need advice on a bailiff issue!

In view of the number of complaints that have cropped up involving Bristow & Sutor and a number of those complaints showing evidence of aggressive and misleading conduct and practice, I am wondering whether there is a case for collating these complaints together and forwarding to the Director General, Office of Fair Trading. There is legislation that OFT can use to require written undertakings from directors, or High Court orders preventing repetition of certain acts and, ultimately, to close the company down in the public interest. Whilst Bristow & Sutor are a civil enforcement company, they are not exempt from compliance with legislation intended to stop aggressive and misleading conduct and practice.

There is also the weapon of the Civil Procedures Rules to deal with errant bailiffs who seriously overstep the mark and which Bournemouth & Poole County Court used to remove a certificated bailiff from the register in June 2012, without a Form 4 being submitted or a hearing. Perhaps, if civil enforcement companies and their bailiffs were made aware of this, it might make them stop and think before pursuing a course of conduct that may lead to the revocation of a certificated bailiff's certificate without having the opportunity to pervert a hearing into litigation.

[bizzybob]

Re: Hello Everyone!! I am a newbie and need advice on a bailiff issue!

A precis of several threads on here would be a start imho

[marushkababy]

Re: Hello Everyone!! I am a newbie and need advice on a bailiff issue!

Yes, I have had my replies from B&S and Head of Revenues, the levy has now been lifted from my car but not once have I received an apology from either. Both were very arrogant in their letters and as a "good will gesture" (their exact words!!!!) they have refunded me the fees they originally charged for the illegal levy. Sue Martin (naming and shaming) head of revenues was just as arrogant in her letter as were B&S! I would love to write to the Local Government Ombudsman to make them aware of what I've had to go through to get an illegal levy lifted and fees refunded! The tone of B&S letter was sooooo arrogant, not once did they admit they were in the wrong then Sue Martin, head of revenues wrote me an equally arrogant letter, but they did lift the levy and refund the fees. Sue Martin made it very clear she wouldn't be recalling the debt back as I had requested but that I would HAVE to deal with B&S! As I only have two payments left to make I shall make them religiously. I just feel a lot of people are being bullied in such an inconsiderate, immoral manner. If you do want collate evidence for a complaint against B&S I will help you, also I think we need to make the LGO aware that councils really don't care about their residents when they employ these bully's to collect their debts!! I always say this "It isn't that we WON'T pay, sometimes we genuinely CAN'T pay" and the local councils just don't care about individual circumstances.

[labman]

Re: Hello Everyone!! I am a newbie and need advice on a bailiff issue!

Having been through waht you are going through, I can understand fully your frustrations. However, take satisfaction from the fact it would have caused great pain to refund any fees, legal or otherwise. You have done very well to achieve this.

If you really want to pursue this for the sake of two remaining payments, I will point you to a useful quotation from very recent guidelines. However, in my honest opinion, it isn't worth it.

Remember they have not had a valid levy though, so the maximum you should pay for bailiff fees is £42.50. Perhaps as a further goodwill gesture they'd waive all fees? :beagle: