bristow & suitor force entry notice

[bigsammy]

hi. I got a force entry letter yesterday from Bristow & suitor. saying the will be here tomorrow with locksmith and police. I called the bailiff and he wants £550 when he comes to the door. I don't have the money. called council and they said if I offer £375 that should be alright. im a single parent so I don't have that kind of money. I let them in the first time as I thought I had to. can the come in if my kids are here. please help.

[ploddertom]

Re: bristow & suitor force entry notice

What is the debt for?
Have any letters or visits been made before April 6?
Have you received a Notice of Enforcement?
Have they made a levy on any goods?
Have they had entry to your home previously?

[bigsammy]

Re: bristow & suitor force entry notice

hi. yes its for council tax. yes I set up payment plan on the 7/03/14 and didn't pay a couple of times as I had a few problems. yes he did that the first time he came in. had letter in letter box yesterday for force entry.

[ploddertom]

Re: bristow & suitor force entry notice

Can you list the goods seized exactly as described on the Notice of Seizure? Have they told you what fees they have charged? 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

[bigsammy]

Re: bristow & suitor force entry notice

I owe council tax £142.96
attendance to levy fees is £24.08
levy fee is £27.00
walking possession fee is £12.00
redemption of goods is £24.50
ive already paid in payments £65 they have put down tv. 2 piece sofa 1 chair. lawn mower. washing machine microwave side table. I tried to tell him yesterday on the phone that im paying up washing machine, but he replied that he will decied what he will take when he comes in. can they take my daughters wii u or my other daughters tablet. I will add that they are saying only £45 has been paid but ive receipts for £65. any advice would be helpful. thank you. can I also add that on on the 4/04/14 that I had made a payment of 20 pound then on the 7/04/14 I had a letter posted threw my door at 7.15pm saying that they had come to take my things and added £150 so that took my total to £365.96 then with this new one its now £550. corby council are saying their is nothing they can do. so when the bailiffs do break in, I will also be charged with fixing the door.

[ploddertom]

Re: bristow & suitor force entry notice

To me the fees look all wrong but seeing as it B&S that is no great surprise as they bought a duff batch of Abacus that all had 1 counter missing. Have a read of http://www.legalbeagles.info/forums/...or-a-Breakdown and send it to them, can be done initially by email enquiries@bristowsutor.co.uk followed up by a copy in the post.

Attendance to Levy Fee - £24-08 - this is incorrect and needs explaing
Levy Fee - sounds about right for the sum owing
Walking Possession Fee - did you sign this?
Redemption of Goods Fee - I disagree with this as does Local Government Ombudsman. The Regulations clearly state that goods had to be removed and be available for collection. B&S will argue otherwise including giving Counsel opinion on it.

As for the goods seized - I'm not being rude about what I say but follow my thinking and you'll see what I mean.
TV - did they list make, model, size etc - how old is it any more than perhaps 2 years and it is of little value.
2 piece Sofa - does it still have its safety labels - if not then cannot be sold at auction
Chair - as Sofa above - if both sofa & chair were to be removed would you have enough seating left (dining chairs?) for each member of the household.
Lawn Mower - petrol, electric, ride on? Unless ride on or newish Honda petrol then of little value
Washing Machine - I would argue would be exempt goods
Microwave - unless recently new & top spec then of little value
Side Table - unless solid wood then no value

Are you also saying the washing Machine is on some sort of finance agreement? If so then it cannot be taken as it is not yours. They also cannot take any goods belonging to a child.

As far as the Council are concerned they need reminding that they are vicariously liable for the actions & charges of their contractors. Have you contacted your local Councillor(s) to intervene on your behalf - best initial contact is by phone.

The threat of breaking in is to increase the pressure on you. In my view the goods seized are not of sufficient value to pay all costs associated with removal, storage & auction + a proportion of the debt. And no they don't get a second bite at the cherry to take other goods.

[ploddertom]

Re: bristow & suitor force entry notice

As to what to do next.

This case has to be dealt with under the old rules as they have visit fees & a levy. I would content however the levy is not valid & all fees associated with it should be removed. This then lets it be dealt with under the new Transitional Rules whereby the Visit Fees become the Compliance Stage and a visit could then be charged for Enforcement at £235.

This then gives an initial debt of £142-96 + £42-50 = 185-46
Take away payments already made - £65 leaves £120-46 owing. If I could I would try my utmost to scrape that together to pay it off.

[bigsammy]

Re: bristow & suitor force entry notice

hi. just had call from bailiff asking if I had got the money. told him I could manage £110 at a push, he told me that he really need half the money I owe and will except £220 and then will set up a new payment plan. does that mean I will have to pay all levy fees again when I start new plan. thank you for your advice.

[ploddertom]

Re: bristow & suitor force entry notice

hi. just had call from bailiff asking if I had got the money. told him I could manage £110 at a push, he told me that he really need half the money I owe and will except £220 and then will set up a new payment plan. does that mean I will have to pay all levy fees again when I start new plan. thank you for your advice.

No it doesn't. He will take what you have he's just trying to push his luck. I would pay for now then start collecting as said previously to get them out the way. Do not let him flannel you with Taking Control of Goods as it doesn't apply in your case.

[Guest]

Re: bristow & suitor force entry notice

Unfortunately, B&S will not accept £110 because they want to return and charge an additional fee under Head C

I would telephone the council again & explain that you are a single parent and do not have the kind of money requested. The reason that you are in debt for such a relatively small amount shows that you really are in genuine financial hardship. A further fee under Head C and/or Head D which could add £100's to the account will serve no purpose other than to see you fall into arrears with this years account.

The guidance to local councils on good practice in the collection of council tax arrears published by the Department of Communities and Local Government states that bailiffs should not enter into punitive arrangements directly with the debtor. there appears to be confusion as to the amount that has been paid, with B&S not acknowledging the total that you have receipts for. If the true total was acknowledged, there would not be the threat of removal of goods.

In addition, if you have only had one visit, the Attendance to Levy fee (£24.50 actually) is illegal. If this is the case, you can head your letter "Formal Complaint" and ask the council to place the account on hold whilst the matter is investigated. (this will give you time to save up a bit more to pay)

[Sir Vere Brayne d'Emmidge]

Re: bristow & suitor force entry notice

Without proper descriptions, sizes, cours and serial number the walking possession is worth less than the paper is written on.

Although with the new regulations forced entry could be an option to the bailiff, they have to apply to Court and this one needs a "wet" signature to be valid, must be shown to you when they attend and only if you do not let them in then they can use a locksmith.

The interesting thing is that if they do seize your goods they are obliged to leave them at the warrant address until the day of the sale (unless they actually used a locksmith to enter) and once that is done the warrant is deemed to be paid in full withour recourse, so I do not think the bailiff will actually do that because it sounds to me they are going to be out of pocket, and if not them the Council will be, since they will take their cut first.

They will have to come to some sort of an aeement on a payment plan, but they will want to have the matter settled within 12 months of the issue of the warrant of control.

Please note that, if default is being made on the payment plan the 12 months timescale starts all over again.