Urgent help please re:bristow and sutor

[Abi81]

Hi I'm new to this so excuse any mistakes sorry!! I have been dealing with bristow and author for a while now. I am on income support and have offered tem £5 a week for my debt and they have refused this payment and told me they want £43 a week off me which I jut can't afford. I wa paying them te £5 a week anyway in the hopes it would keep them at bay but no such luck. I paid them more some weeks when I could afford it too, they came to my house with a walking possession order but I wasn't there So try took the reg plate of a car on my drive that isn't even mine. Then after I had paid about £100 off my debt they sent bailiffs to my mom and dads house ( they have my address and phone number but did not come here first) where I haven't lived fr over 15 years and charged me £180 for the visit, I then offered them £7 a week but they said they wouldn't accept anything but full payment now and I would have my goods removed. They then went back to my mom an dads house, didn't come I my address again before visiting where they know I don't live, and chared me another £180 for this visit too. I have an appointment with the citizens advice bureau tomorrow night but on the school run this morning I have had a voicemail from a bailiff saying he is outside my house with a van and is going to Kick my door off and take my stuff without me there. I have never let them in my house so the only possession order they have is for a car that's not mine that has been sold now. I told the bailiff I had £80 and he could have it if he didn't break in he said no I want £500 then £100 a week til it's paid and if you phone the police there's nothing they can do if I break in cos I have a court order. I told him a lot of the stuff in the house is borrowed from friends and family and not a lot is mine apart from my 4 month olds pushchair and my 8 year olds bed and e said he will take those. Can he do this to me?? Can he break into my home without me there?? I'm scared to leave the house but scared to be at home. I can't let my 8 year old out to play in the garden coa I'm scared they'll see her. I won't sit downstairs incase they see me. I live in my bedroom petrified of what they are going to do. I am so scared. I have a letter pushed thru today saying the contractor fees are now £1500 ad they will remove my goods in my absence. Please help! Any advice would be greatly appreciated. Abi

[wales01man]

Re: Urgent help please re:bristow and sutor

Someone help here please

[bluebottle]

Re: Urgent help please re:bristow and sutor

Hi Abi and welcome to Legal Beagles.

I am a retired policeman and had the misfortune of having to deal with some of the more violent elements within the civil enforcement industry during my time on the force. From what you have said in your post, Bristow & Sutor are not only in breach of the National Standards for Enforcement Agents, but the law as well.

Is this for Council Tax? If it is, please post up how many Liability Orders there are against you, the sums of money involved in each case and the name of the local authority involved. Can you also confirm if the bailiffs took and sold the car that wasn't your's

I am attaching some documents to this post. These give details of what bailiffs can and cannot do

You need to make a formal complaint to the Credit Fitness Team at the Office of Fair Trading against B & S. What they have done brings into question their fitness to hold an OFT Debt Collection Licence. You will need to quote the following information in your complaint -

Company Name: Bristow & Sutor Civil Enforcement Ltd
CCA Licence No.:155278

You should also look through the OFT Debt Collection Guidelines and list any breaches you find within your complaint to OFT.

Once you have sent that off to the OFT, forward a copy of the email to your local Trading Standards Department together with a formal complaint to them about B & S's behaviour.

[Abi81]

Re: Urgent help please re:bristow and sutor

Hi thank you so much for your replies. I have no definate idea of the amount as it ha escalated so much with bailiff visits that its more than it was. I was paying the debt they a benefits attachment 6 years ago. I was in a violent relationship and my then partner was stealing the rent cheques and pocketing them which led to the landlord informing the council he wasn't getting paid and tem cancelling all benefits. I couldn't have stopped him doing this I wasn't allowed to visit my parents or go to the shop, and he took all my money off me. After he gave me bleeding on the brain I left him in the middle of the night with nothing but me and my daughter and the clothes we had on. All the paperwork fr this debt was at that house I have not received anything except threatening bailiffs letters to my current address, I phoned the council begging them to take back the debt and to attach my benefits again. They said we tried to help you before and your benefits stopped and we stopped receiving payment so we won't help you again you have to deal with the bailiffs. The reason my benefits stopped was because I had a job and hasn't recalle the attachment as i was just trying to rebuild my life for me and my daughter and was being takenfor custody of her and still getting beaten up frequenty a everywhere i went e found me plus thy never wrote to me at the addres i moved to (they had on record this new address) to explain this had stopped. I explained to them about the violent relationship and this was why but they didn't care. The debt was for £1083 for one property only. I have tried to offer to pay what I can afford but they won't accept it from me. I am on benefits so don't have much to give. I am only on benefits as my 4 months old father couldn't take a baby who didn't like sleeping and left me when he was 2 days old. I get no financial help from him. This is for wolverhampton city council. They did not take the car my sons father ( whose car it was ) took it and sold it. However there is my friends car on my drive, the bailiff said he will take this. And I told him he could check with the dvla and that it wasn't mine but he said he doesn't care. Thank you again for your replies. I am a nervous wreck and have been prescribed Prozac to calm my nerves as I'm at a total loss with these people. I can't sleep or eat and hide in my bedroom with all my curtains shut. I have even borrowed my friends dog to try and protect me . Abi

[Abi81]

Re: Urgent help please re:bristow and sutor

Sorry yes it's for council tax.

[bluebottle]

Re: Urgent help please re:bristow and sutor

Okay, Abi. Under the National Standards for Enforcement Agents, you are classed as vulnerable. The local authority need to be made aware of this.

I am seriously-concerned by B & S's behaviour and Wolverhampton City Council's apparent couldn't-care-less attitude. It may come to it that you may need to apply to the courts to legally-restrain Wolverhampton City Council and Bristow & Sutor.

I am attaching legislation relating to the administration and enforcement of Council Tax. From what you have posted, I would not be surprised if many of B & S's charges are unlawful.

Do West Midlands Police have records of the violence to which your former partner subjected you, as well as the injury you mention?

I feel you need to seek professional advice in your case. Contact your local Law Centre or Community Legal Service office. Both can provide free or very low-cost legal advice/assistance. Alternatively, contact your local CAB.

[Abi81]

Re: Urgent help please re:bristow and sutor

I have an appointment with CAB tomorrow at 6pm. WMP do have a record of this violence I had to have a panic alarm fitted by them when I moved as he kept breaking into y new flat to beat me up and there was a flag on the system for my address so they would respond quickly if I phoned 999. He also attacked me in the magistrate court in front off police witnesses. Unfortunately the police laid the wrong charge in the criminal court so the case was dismissed. Thank you so much for the links. I am going to the library now to print out what I need to print an get them all sent off. The bailiffs have just been back banging the heck out the door.

[bluebottle]

Re: Urgent help please re:bristow and sutor

In view of what you have said, Abi, you may need to seek an injunction against Wolverhampton City Council, citing B & S as secondary defendants. There is a provision under Section 3, Protection from Harassment Act 1997 which allows you to do this, but there is also a provision under Regulation 46, Council Tax (Administration & Enforcement) Regulations 1992 (as amended), too.

[Abi81]

Re: Urgent help please re:bristow and sutor

I have just spoke to the council and explained everything I have said on here yet again. They don't care they said I have to deal with bristow and sutor. They said the bailiffs an charge me £180 per visit if they turn up with a van. They have only turned up with a van once that was today. And I can't even say for sure they did as I wasn't here and they lie all the time anyway. The council are charging me te debt from December 1st 07- march 13 2009. I moved out December 1st 08 tho. They said unless I can get a tenancy agreement confirming this they won't lower the amount. I have no agreement as they were all at my old address which as I explained I had to leave quite quickly with nothing. The outstanding amount is £929.88 but b and s say I owe £1998.05 and £1538 for contractor fees for the monster that came today.

[Meagainindisguise]

Re: Urgent help please re:bristow and sutor

Abi, We have a safeguarding policy where people such as yourself who are vulnerable and are in a position where they can be taken advantage of are listed and given the help and support needed. All areas should have similar. You may even be classed as a PSH. (person susceptible to harm). The councillors must be told about what is happening. Have you got a DV/DA worker or key worker. I don't know how you feel about this suggestion but it has worked in the past so I will mention it although it has its pro's and con's. The local press love stories like this, they can rip into bailiff and Council, the council may then pull the debt back in house. Like I said just a suggestion. They may also let you remain anonymous. Good luck, and don't let them get you down.




Maid

[bluebottle]

Re: Urgent help please re:bristow and sutor

I have just spoke to the council and explained everything I have said on here yet again. They don't care they said I have to deal with bristow and sutor. They said the bailiffs an charge me £180 per visit if they turn up with a van. They have only turned up with a van once that was today. And I can't even say for sure they did as I wasn't here and they lie all the time anyway. The council are charging me te debt from December 1st 07- march 13 2009. I moved out December 1st 08 tho. They said unless I can get a tenancy agreement confirming this they won't lower the amount. I have no agreement as they were all at my old address which as I explained I had to leave quite quickly with nothing. The outstanding amount is £929.88 but b and s say I owe £1998.05 and £1538 for contractor fees for the monster that came today.

I have to agree with what Pepsie has said about the bailiff in your case. They are rapidly heading in the direction of a court appearance and possible discharge of their bailiff certificate and forfeiture of their bond.

[Abi81]

Re: Urgent help please re:bristow and sutor

Hi everyone. Sorry I didn't reply last night. I don't want to stay at my house so I stayed at my mom and dads and my charger was at home. I have set off for a breakdown of bailiff charges to bristow and sutor but have not had a reply as yet. The bailiff phoned me again to ask if I had his money and I said no and he wasn't very happy. I asked him if he enjoyed bullying girls and he said yes that's why I have this job. Nice man. I hve downloaded and printed all the guideline links and am composing a complaint not just about bristow and sutor but the council and individual bailiff also. I am just googling my local councillors name and address so I can get in touch with them and I am seriously considering phoning the express and star ( my local newspaper) but am a bit wary of repercussions from the bailiffs if I do. I am at the CAB tonight I can't thank you all enough for all your help. Abi

[bluebottle]

Re: Urgent help please re:bristow and sutor

Keep to the thread with Ploddertom and Pepsie, Abi. I am now posting on there.

[Champion]

Re: Urgent help please re:bristow and sutor

Bristow and Sutor .... aah yes .... I had the misfortune to get into their hands several years ago ... the sum was around £800.00 for non payment of Business Rates.

It was settled in due course.

I do recall clearly that they tried to charge atrocious fees for fictitious events such as calling in a van to take away goods. It was a total fallacy. I involved the local authority who instigated the whole damn thing and was just about to take Bristow and Sutor to Court when they suddenly had a complete turn around and dismissed the fees knwoing full well that it was a try on. Absolutely disgusting and unethical. If this is the way that bailiffs act then god help all the vulnerable people in their clutches out there

[bluebottle]

Re: Urgent help please re:bristow and sutor

Bristow and Sutor .... aah yes .... I had the misfortune to get into their hands several years ago ... the sum was around £800.00 for non payment of Business Rates.

It was settled in due course.

I do recall clearly that they tried to charge atrocious fees for fictitious events such as calling in a van to take away goods. It was a total fallacy. I involved the local authority who instigated the whole damn thing and was just about to take Bristow and Sutor to Court when they suddenly had a complete turn around and dismissed the fees knwoing full well that it was a try on. Absolutely disgusting and unethical. If this is the way that bailiffs act then god help all the vulnerable people in their clutches out there

They will, especially if there's a CCJ on the end of it. A CCJ is effectively the kiss of death to a bailiff or a bailiff company. They cannot operate if they have unsatisfied CCJs against their name. However, there is one certificated bailiff doing the rounds with £14,000 worth of unsatisfied CCJs to his name and he hasn't told HMCTS yet. I believe HMCTS will be finding out about them in due course.