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Bristow & Sutor Bailiffs-C.Tax Debt-Vunerable People

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Comments

  • RAS
    RAS Posts: 35,742 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Elsie1975 wrote: »
    Please, please, please help! He is due here at 2pm-do I answer the door or ignore it??:(

    For heaven's sake!

    Ignore him. Go out now and stay out until 4pm if necessary.
    If you've have not made a mistake, you've made nothing
  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    edited 19 April 2011 at 12:35PM
    Ignore the door...They'll give up and go home eventually. Then they'll send the debt back to council if you continue to ignore them. You can then negotiate with council directly.

    If you answer the door they'll refuse to leave without having a walking possesion agreement. They'll threaten you with locksmiths, police and even with prison. All illegal so if you do answer the door (even if only to play games with them) make sure you film the experience.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • hallowitch
    hallowitch Posts: 1,286 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    get a letter sent of to B&S(recorded delivery) and copy to the council asking for the debt to be returned to the local authority because you are pregnant and unemployed therefore classed as vulnerable according to the national standards for enforcement agents 2002
    http://www.dca.gov.uk/enforcement/agents02.htm

    provide proof of your unemployed status and your pregnancy

    ask the council to deduct payments from benefits under the Council Tax (Deductions from Income Support) Regulations 1993.

    100% agree with HappyMJ
    I am not an expert I am self taught i have no legal training any information I post is based on my own personal experience and information gained from other web sites


    If you are in any doubt please seek legal/expert advice help
  • hallowitch
    hallowitch Posts: 1,286 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    http://www.hmcourts-service.gov.uk/CertificatedBailiffs/

    Is your bailiff certificated to Bristow & Sutor this list is not always 100% if you cant find him or he is not certificated to Bristow & Sutor phone Ministry of Justice Public Register of bailiffs on 020 3334 6355 and ask for the status of his current certificate
    court he was certificated at
    date of certification
    to what bailiff firm he certificated to
    I am not an expert I am self taught i have no legal training any information I post is based on my own personal experience and information gained from other web sites


    If you are in any doubt please seek legal/expert advice help
  • hallowitch
    hallowitch Posts: 1,286 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    send this to B&S
    Name
    Address
    Bristow & Sutor Ref: Account No: 123456
    Council Ref No: 435672
    Date
    Dear Sir,
    With reference to the above accounts, please provide me with a breakdown of all fees charged and payments made for the above account
    This includes:
    a - the time & date of any Bailiff action that incurred a Fee.
    b - The reason for the fee.
    c - The name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.
    d - The name(s) of the Court(s) the Bailiff(s) was/were certificated at.
    e - The date of the Certification.
    National Standards for Enforcement Agents state that if a written request is made an itemised account of fees will be provided.
    Please provide the information requested within 7 days of this E-mail /recorded delivery letter
    Yours faithfully
    Ripped off customer"


    I am not an expert I am self taught i have no legal training any information I post is based on my own personal experience and information gained from other web sites


    If you are in any doubt please seek legal/expert advice help
  • Elsie1975
    Elsie1975 Posts: 19 Forumite
    hallowitch wrote: »
    Is your bailiff certificated to Bristow & Sutor this list is not always 100% if you cant find him or he is not certificated to Bristow & Sutor phone Ministry of Justice Public Register of bailiffs on 020 3334 6355 and ask for the status of his current certificate
    court he was certificated at
    date of certification
    to what bailiff firm he certificated to


    He is yes, have double checked the list and he is there certified to Bristow & Sutor. His certified until June 2011.

    I will get the letters sent ASAP.

    With regards to HappyMJ's advice, if he does threaten police, locksmiths etc and you say this is illegal, surely if I stand my ground & do not let him have a walking posession order-then legally I am ok? Does that mean he is just making illegal threats that cannot be carried out anyway?

    We have talked all morning about if we should ignore the door or talk to him again and agree a monthly amount ( affordable to us ). Because I am so heavily pregnant, with a booked C section next week, if we ignore him today, I don't think I could stand cowering everytime the door goes, the worry would be too much. Plus, we have a 2yr old and its hardly fair to her that we hide when the door goes!!

    He has confirmed via text to me today that we now owe £1053.79. Monthly thats around £87, which we may just be able to afford. If we agree to pay monthly do we ask his office to write & confirm?
  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    hallowitch wrote: »
    send this to B&S
    Name
    Address
    Bristow & Sutor Ref: Account No: 123456
    Council Ref No: 435672
    Date
    Dear Sir,
    With reference to the above accounts, please provide me with a breakdown of all fees charged and payments made for the above account
    This includes:
    a - the time & date of any Bailiff action that incurred a Fee.
    b - The reason for the fee.
    c - The name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.
    d - The name(s) of the Court(s) the Bailiff(s) was/were certificated at.
    e - The date of the Certification.
    National Standards for Enforcement Agents state that if a written request is made an itemised account of fees will be provided.
    Please provide the information requested within 7 days of this E-mail /recorded delivery letter
    Yours faithfully
    Ripped off customer"

    Nahhhh...that's just wasting time, stamps and paper. Just let the debt return to council then tell council you are unemployed on job seekers allowance and can't pay a penny towards it. They'll then come back with a Deduction from Benefits order for £3.40 per week. That'll do.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    edited 19 April 2011 at 1:14PM
    Elsie1975 wrote: »
    He is yes, have double checked the list and he is there certified to Bristow & Sutor. His certified until June 2011.

    I will get the letters sent ASAP.

    With regards to HappyMJ's advice, if he does threaten police, locksmiths etc and you say this is illegal, surely if I stand my ground & do not let him have a walking posession order-then legally I am ok? Does that mean he is just making illegal threats that cannot be carried out anyway?

    We have talked all morning about if we should ignore the door or talk to him again and agree a monthly amount ( affordable to us ). Because I am so heavily pregnant, with a booked C section next week, if we ignore him today, I don't think I could stand cowering everytime the door goes, the worry would be too much. Plus, we have a 2yr old and its hardly fair to her that we hide when the door goes!!

    He has confirmed via text to me today that we now owe £1053.79. Monthly thats around £87, which we may just be able to afford. If we agree to pay monthly do we ask his office to write & confirm?
    On JSA and you can afford £87 per month. Where do you get the money from? Debtors on JSA only have to pay £3.40 per week to repay the debt but only council can do that the bailiff can't. Tell them you are unemployed and skint and they can't come in. Tell them through the window or through the door. Don't open it.

    Oh and another thing...when it goes back to council all the bailiff fees incurred so far are magically written off. Prior experience!!!
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • Elsie1975
    Elsie1975 Posts: 19 Forumite
    HappyMJ wrote: »
    On JSA and you can afford £87 per month. Where do you get the money from? Debtors on JSA only have to pay £3.40 per week to repay the debt but only council can do that the bailiff can't. Tell them you are unemployed and skint and they can't come in. Tell them through the window or through the door. Don't open it.

    I would have no option but to us my child tax credits or child benefit to pay it. I would struggle, but what choice do I have?

    Shall I text the bailiff now and tell him we are on JSA, can't afford to pay and will be writing to his office with proof of this to ask the debt be returned to council and to not bother coming round?
  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    Elsie1975 wrote: »
    I would have no option but to us my child tax credits or child benefit to pay it. I would struggle, but what choice do I have?

    Shall I text the bailiff now and tell him we are on JSA, can't afford to pay and will be writing to his office with proof of this to ask the debt be returned to council and to not bother coming round?
    YES!!!! that's it...Your only option is to deal with council they won't do that as the debt is with the bailiff it must be returned to them. Your choice is to pay the debt from your benefits at a token amount. Do not feel pressured into paying more than you can afford.

    As hallowitch said there is a law that allows deductions from benefits.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
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