Bailiffs Bristow and Suiter

nicnak1

Whilst we were away, a friend of the family looked after our house and animals. During this time a bailiff from Brisow and Suiter knocked at the door. The front door was opened, and the bailiff put his foot in the door and refused to remove it. He threatened to call the police if he wasn't allowed access. I am a bit miffed about this as the person who was looking after my house...and opened my front door is disabled. He told the bailiffs several times that we were away, and to come back the week after. I have contacted the council and they say until the bailiffs pass the debt back, there is nothing they can do. My question is...can they force their way into a house where someone with a disability is looking after it?

hallowitch

the bailiff should not have put his foot in the door this is an unlawful entry however proving it is an other matter the council will always side with the bailiff when he says not me i was invited in


I take it he levied goods

what goods did he levy

amount of liability order
what charges has has he put on the levy
are any of the goods levied on HP/finance
do all the levied goods belong to you

nicnak1

Hi Thanks for youyr reply
Yes, he levied the goods in the lounge. We don't have much...a £15 glass table, a fawn suite that we were given, a tv that we bought for £60...isnt flat screen, he also listed the tv cabinet...which wouldn't get £5, a dvd player which is 8 years old ( when they first came out)...and the blankets used as throws...£10 each from matalan!, the sky player...we bought this from a car boot! In total, I guess they would get about £100 for this. Can they go into their rooms? my kids have got their game consoles running in the dining room/bedrooms...I have 4 kids in a 3 bedroom house! Can they take the kids things?

nicnak1

As they had been in the house, i guess I had no leg to stand on....however...the guy who came around left his phone number to call...one digit too short.....I tried to go on Bristow and Suitor website, but they require a reference number....that had not been written down any where. So I put it in writing that I wanted to make an offer....today (my letter must have crossed post) I got a letter saying that i had not responded even though I have been levied, therefore installments arn't an option. How can they give me a time limit when I am away and arn't aware of it? Were they in the right to stick their foot in the door when my house minder opened the door? he is disabled.

I have not got a lot...they can take it all. However, can they take the kids stuff i.e. xbox, laptop etc?

hallowitch

there should have been a council ref no and a bailiff ref no on the notice of seizure

how much is the liability order for
is the goods listed above everything thats been levied
can you list the charges he had put on the notice of seizure

do not allow the bailiff back into your home


he cant levy your suite (exempt from seizure)
he cant levy your blankets (exempt from seizure)

when a bailiff levies goods the goods levied must cover all bailiff fees to include visit fees, levy fees , attendance to remove fees, removal fees, storage fees, auction fees and a portion of the debt

is the bailiff certificated to bristow&sutior www.hmcourts-service.gov.uk/CertificatedBailiffs

nicnak1

The amount is £1660.60

Listed on the levy was :-

• Finlax tv....not a flat screen bought for £60 a few months ago
• Goodmans stereo sound and remote control....bought from a car boot about 5 years ago for £5
• Sky box that was bought from car boot for £10
• Pine TV unit that was bought from Argos about 10 years ago...think it was about £30
• Pacific DVD player and remote....this was bought for us when DVD players were the new thing. It's about 8 years old, cost about £70, but you can buy them for about £25 now!
• Wooden Mirror...Bought from Dunelms about 5 years ago for £20
• Sofa...a freebee
• 2 blankets....£10 each from Dunelms
• Glass table....£15 from Asda

There was a bailiff reference number, but no council reference number. I have since recieved a reply to my letter asking for an income/expenditure form. They replied by saying that they would accept £280 per month. They do not know of my income or expenditure...how can they ask for so much? The amount that they levied clearly doesn't add up to the amount owed. Infact...if they were to clear my house out, it probably wouldn't add up to £1600! A concern I have is them removing the childrens things...can they?
I want to pay the debt, but £280 a month is so unrealistic. It's not like I can get a job to pay it off...I am a 3rd year fulltime student, so don't get any spare time.

RAS

This debt needs to go back to the COuncil as the levy plainly shows that your possessions are insufficient to cover the debt.

Have you asked the Council how much the liability order was in the first instance, as the sum may include illegal fees?

nicnak1

To be honest, I darn't ask them about that debt..I have only just come to an arrangement with them to pay a really old debt off!....yes I know, I need to get things in order...which is what I am trying to do!! I know the debt with Bristow and Suitor includes charges..£137.50 x2...they have charged me twice..there is 2 bills outstanding. I dearly want to pay the debt, but I cannot afford what they are asking. Is it worth offering them a lower ammount and paying it until they get back to me? In the mean time, I am paying the council an agreed sum weekly from an old debt...I just wish that bristow and suiter would pass my debt back to the council...I have been in contact with them and they said that if the debt is passed back, they will accept our offer (means tested).

RAS

nicnak1 wrote: »

I know the debt with Bristow and Suitor includes charges..£137.50 x2...they have charged me twice..there is 2 bills outstanding.

That is illegal. if there are two orders, they can only charge once to each action unless they have been crafty and done the visits on different days.

What exactly is covered by the £137.50?

You need to ask the Council to take the debt back and take the basic payment from your benefits.

nicnak1

There are two bills..2 fees. Each are exactly the same. They charged 2 levy fees on the time they came into the house (when I wasn't there). is it a surity that a bailiff can enter a property first time without the householders being there?

RAS

nicnak1 wrote: »

There are two bills..2 fees. Each are exactly the same. They charged 2 levy fees on the time they came into the house (when I wasn't there). is it a surity that a bailiff can enter a property first time without the householders being there?

hallowitch is more informed on rights of entry, but I can tell you that charging you twice ofr levies done of the dame day is not allowed.

There may be two accounts or 50 but they can only charge once for each action taken if they are done at the same time. That is the law.