Bristow and Suitor - Enforcement Action Commenced

[ploddertom]

Re: Bristow and Suitor - Enforcement Action Commenced

Makes me wonder if they are taking a leaf out of the HCEO book whereby they use the Form 55 to say all goods are now in the control of the HCEO. How many times have we seen this and some debtors have been clearly under the belief everything has been seized. The chances are it works as we only see the tip of the iceberg on these forums, there are many more that go unreported.

[LT2K]

Re: Bristow and Suitor - Enforcement Action Commenced

Makes me wonder if they are taking a leaf out of the HCEO book whereby they use the Form 55 to say all goods are now in the control of the HCEO. How many times have we seen this and some debtors have been clearly under the belief everything has been seized. The chances are it works as we only see the tip of the iceberg on these forums, there are many more that go unreported.

If I am reading this right nothing has been seized as of yet? I thought it was something to do with the new rules, so that's a relief.

I will write to B&S and offer £5 per week (I know they wont accept it, they would rather visit and slam more fees on top).
If/when they refuse should I use the online pay feature and pay the council direct whilst I try to resolve the issue with local councilors?

I am already dealing with my MP on a matter involving CSA (they seem to think they can ignore the law even when I have a letter from the MP in charge of DWP telling me otherwise), so if all else fails I can ask him to help I suppose. Just feels like everyone wants to line up and kick you when you are down.

Thanks to everyone for your help and advice

[bizzybob]

Re: Bristow and Suitor - Enforcement Action Commenced

Get the council and B & S proof of your LONG TERM ILLNESS, to ground the vulnerability, then When Busted & Stupid, ignore it as it is up to the EA under the new rules to decide on vulnerability, use that in any Formal Complaint or letter to MP,

PT it does look like some EAs B & S included are potentially misusing the forms to imply a global seizure is done remotely so when they turn up for the Enforcement visit, and the £235, they reckon the debtor will just let them in as the goods are in control of the EA already on the strength of the letter. Will probably work on many people.who will roll over and let then in.

[Wombats]

Re: Bristow and Suitor - Enforcement Action Commenced

If you have medical proof of a recent heart attack and prescription of antidepressants I am with Bizzybob here, I would contact both B&S and the Council explaining you believe you should be deemed vulnerable and asking for the LA to take back the debt.

That said, the debt does not go away if taken back, so it would be in your interests to prepare an Income and Expenditure (National Debtline do a good one where a summary can be printed out) proving what you can afford to pay.

[Guest]

Re: Bristow and Suitor - Enforcement Action Commenced

Get the council and B & S proof of your LONG TERM ILLNESS, to ground the vulnerability, then When Busted & Stupid, ignore it as it is up to the EA under the new rules to decide on vulnerability, use that in any Formal Complaint or letter to MP,

PT it does look like some EAs B & S included are potentially misusing the forms to imply a global seizure is done remotely so when they turn up for the Enforcement visit, and the £235, they reckon the debtor will just let them in as the goods are in control of the EA already on the strength of the letter. Will probably work on many people.who will roll over and let then in.

The letter is very misleading and many naïve debtors will be fooled into believing that B&S have already taken control of their goods. I'm very surprised because on the face of it, it appears to be quite a serious breach and misuse of power. It is also disappointing because from April 6th onwards, there has been little if any improper activity reported on any of the boards, involving B&S

[MissFM]

Re: Bristow and Suitor - Enforcement Action Commenced

The letter is very misleading and many naïve debtors will be fooled into believing that B&S have already taken control of their goods. I'm very surprised because on the face of it, it appears to be quite a serious breach and misuse of power. It is also disappointing because from April 6th onwards, there has been little if any improper activity reported on any of the boards, involving B&S

Yes, the impression given by that letter to the layman (eg me) is that the EA has a global levy on all that is owned by the "debtor" save exempt goods. It's very intimidating.

[LT2K]

Re: Bristow and Suitor - Enforcement Action Commenced

Unfortunately I have had the misfortune of dealing with B&S previously, they have always seemed quite surprised when I challenge their rights (funniest was the EA who tried to open my front door (3 attempts a minute or so apart) after watching me deadlock it to come out and talk to him).
What proof will I need to demonstrate of Heart attack etc?
Also, I refused the anti depressants which the doctor prescribed, still in the medicine box - I take enough tablets already for the heart without adding more ridiculous side effects to the list. Really all I want to achieve here is some time/breathing space to get my life back on the right course

[Guest]

Re: Bristow and Suitor - Enforcement Action Commenced

You should write the letter as I laid out in post #13, making sure that you ask for recovery action to be suspended while you are negotiating a repayment plan.

In fairness to B&S, they are only acting on the councils instructions. Most councils want the money recovered within 3 months which explains the payment plan B&S have asked for. By copying the letter to the council, it is more likely that you will be allowed longer to pay.

I'm not as confident in the "vulnerable" route as many on here are and I believe that sometimes it is misunderstood. That said, there is no harm whatsoever in mentioning your conditions.

[Johnboy007]

Re: Bristow and Suitor - Enforcement Action Commenced

Hi,
Just to add my contribution.
Send an email to the Enforcement Agent, stating your personal conditions.
Ask them to pass this information on to the EA and make him/her aware that under the current regulations, you should be considered a vulnerable person.
Make sure you print out your email and keep it handy.
Emails are date and time stamped.
This way you have absolute proof that the Enforcement Company were made aware of your circumstances.
Handy in the case of appeals or disputes.
Also you could fill in an Application For A Suspension Of A Warrant, and send it ASAP to the Court that issued it.
The form can be obtained at any County Court, or downloaded online.
Just Google 'Application For A Suspension Of A Warrant form'.
The court will look at all your circumstances and reach a decision.
Best wishes,
Johnaw:

[Guest]

Re: Bristow and Suitor - Enforcement Action Commenced

I think what notifying in advance would do, is to guarantee a "gentle" visit.

I think we both know that bailiffs have in the past overstepped the mark & recent TV programmes have proven this. Entering into this new era, an EA will hopefully have better training and better knowledge regarding vulnerability. The acid test will be in the months to come. Only a very small percentage of debtors visit these boards for advice. A much bigger percentage will have received no advice beforehand. These are the cases where we are totally dependant on the EA to recognise the potential of vulnerability.

If the past is anything to go by, this has usually meant easy pickings-Hopefully a sense of responsibility will kick in, in the future.

[bizzybob]

Re: Bristow and Suitor - Enforcement Action Commenced

What is of major concern is the Bristols & hooters statement that all debtors goods apart from exempt are now in their control, very naughty, and calculated to persuade a average Jo/Jolene that they must let the EA in to clear the house as they cannot afford the payments B & S demand at the Compliance Stage rather than what their I & E suggests is reasonable

[Guest]

Re: Bristow and Suitor - Enforcement Action Commenced

What is of major concern is the Bristols & hooters statement that all debtors goods apart from exempt are now in their control, very naughty, and calculated to persuade a average Jo/Jolene that they must let the EA in to clear the house as they cannot afford the payments B & S demand at the Compliance Stage rather than what their I & E suggests is reasonable

I can't get my head round it. Council tax has gone, overnight from being the pits of civil enforcement to potentially one of the most lucrative. Companies like Rossendales & B&S must be nervously looking over their shoulders as contracts come up for tender.

Why would B&S leave themselves open like this? Are they interpreting something that we've all overlooked? Councils could potentially find themselves inundated with complaints from debtors regarding the wording.

[bizzybob]

Re: Bristow and Suitor - Enforcement Action Commenced

ST I feel we will have to study the new rules in depth again and measure what Busted & Stupor claim in relation to the Compliance Stage and the progression to the actual Enforcement visit and assumption of control when they knock on the door. Perhaps they are trying to circumvent the advice that still says don't let them in and hide the car, by claiming tough we already have seized them. That will work with a majority of clueless debtors, especially those who don't come to forums like LB.

Either way I hope we aren't taking OP off track, so maybe a discussion thread on the B & S letters might be an option.

[BeagleyBailiff]

Re: Bristow and Suitor - Enforcement Action Commenced

New thread about vulnerability started here:

http://www.legalbeagles.info/forums/...-Vulnerability

[Wombats]

Re: Bristow and Suitor - Enforcement Action Commenced

A helpful list here:

http://www.legalbeagles.info/forums/...ity-quot/page2

The Chester Area Code of Practice is good to see, though it would be good to see the wording firmed up. For example 'must embrace the guidelines set out in the National Standards ......'.

That's a good start, I like the word must, I'm not so keen on the word embrace. How can this be measured?

There may well be better examples in them, I don't know, but to me the more black and white things can be made the better. Clearly when dealing with vulnerability it can never be totally objective - this makes training all the more important.

Apologies - I know it said ignore the post, but it's what this thread is about.