Bristow & Sutor Notice of intention to re-enter home

rich_shot2003

I am having some problems with Bristow & Sutor and would like some advice to work out my next move please.

We own some council tax which these guys are trying to collect from me and on just before Christmas we let them in as wanted to come up with a payment plan(yes i now know we should not had let them in) and we later worked out we could not pay it with Christmas and other reasons so we missed the payment and on Monday we had a Notice of intention to re-enter premises letter put in letter box.

when they came just before Christmas they did a control of goods form which on it is a old TV and old cardboards and 2 sofas which they would not get out as we live in a flat and we had to take them apart to get them up into flat and the fact i have medical needs which i have to use one of the sofas as a bed.

also they are some old cardboards on the form as well which in all they would not get very much for them which no where covers our debt.

so i have been in touch with the Enforcement agent to find out when he is coming as we just want it all sorted out now and we have been making some £1 token payments online to show them that we want to get it paid off and set up a new payment plan which we can do.

when i called he said they were waiting for locksmiths and i said to him there is no to for them as we will let him in so what is our next plan of action can they really get locksmiths in and will they really take which is a load of junk as we really dont have anything?

i have medical issues(Epilepsy) and dont need the stress so will they take that into account?

Due to my health i am on DLA and income support as well

we are not trying to not pay what we own we just want to make sure its done the right way from both them and us.

sourcrates

In reality, the last thing enforcement agents want to do is remove goods.

They are looking for cash payment, they use removal of goods as a bargaining tool, I think you would benefit from getting some advice from National Debtline.

I would suggest only dealing with them in writing, inform them of your medical condition, and enclose your offer of payment.

[Deleted User]

I'm afraid they won't take your epilepsy into account, how long have you been on income support and dla? have you applied for council tax benefit during that period?

sourcrates

Information on Vulnerable people - treatment by bailiffs :

https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/bailiffs/complaining-about-bailiffs/vulnerable-people-treatment-by-bailiffs/

sourcrates

venison wrote: »

I'm afraid they won't take your epilepsy into account

Yes they will :

https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/bailiffs/complaining-about-bailiffs/vulnerable-people-treatment-by-bailiffs/

fatbelly

Another useful document here

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/210478/Guidance_on_enforcement_of_CT_arrears.pdf

You are doing the right thing now (shouldn't have let them in earlier) in stating that you will not obstruct them from accessing their goods - the old TV and old cardboards and 2 sofas. You need to make it clear that you cannot offer payment so they can remove those goods to sell any time they want.

You also need to be talking to the council.

4.5 says Local Authorities should remain prepared to deal directly with individuals at any point. It is perfectly within their gift to call action back from the bailiffs at any time and where there is a case to do so they should consider such action.

Before we get to the bailiff section of the document, 3.5 says A Local Authority should take all reasonable steps to exhaust other options available to them prior to obtaining a liability order. Once a liability order has been granted a Local Authority should explore other enforcement options which are available to them, such as direct deductions from benefit or an attachment of earnings order.

You are on Income Support (which in itself is an indication of vulnerability, as the DWP recognise you as not having to job-seek for some reason) and the council can and should make a deduction (£3.70 per week) from this.

If this is part of a bigger picture of debt you really need to be talking to CAB or someone else who won't charge you, to see if something like a DRO might be the way forward.

National_Debtline

Hi

I agree with the others here that it’s unlikely the bailiff actually wants to remove your belongings. They most often use the threat of removing goods to pressurise you into paying more quickly.

I also agree that you should inform the council of your health conditions and ask them to take the debt back from the bailiff. The stress of the situation could have an undue effect on your health which makes you vulnerable.

The ‘Taking Control of Goods – National Standards’ is yet more guidance that says the council should take the debt back in vulnerable situations at point 16.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/353396/taking-control-of-goods-national-standards.pdf

Did you actually sign the controlled goods agreement when the bailiff listed your belongings? If not the agreement isn’t correctly executed and means the bailiff wouldn’t have the right to force entry anyway.

James
@natdebtline

rich_shot2003

i rang the guy who dropped the letter of on Friday and he said he would ring the office and ring me back which he did and he was told that the case has been taken off him but he did not know why.

so i called the office but they are shut so will ring in the morning.

so having the case taken off him what could that mean? could it mean they are going to pass it back to the council?

sourcrates

rich_shot2003 wrote: »

i rang the guy who dropped the letter of on Friday and he said he would ring the office and ring me back which he did and he was told that the case has been taken off him but he did not know why.

so i called the office but they are shut so will ring in the morning.

so having the case taken off him what could that mean? could it mean they are going to pass it back to the council?

It's possible, but please, do everything in writing, stay off the phone to the bayliffs, it's seldom a fruitful excercise.

Do as suggested and contact the council.

fatbelly

rich_shot2003 wrote: »

i rang the guy who dropped the letter of on Friday and he said he would ring the office and ring me back which he did and he was told that the case has been taken off him but he did not know why.

so i called the office but they are shut so will ring in the morning.

so having the case taken off him what could that mean? could it mean they are going to pass it back to the council?

Yes it could - check with the council.

National_Debtline

That sounds positive to me. They wouldn’t normally just take the case off a bailiff.
Let us know when you find out more.

James
@natdebtline