Bristol and sutor help please

Jas004

Can anyone help me please, Bristow and suitor have a controlled goods agreement on us although the council tax is in my husbands name they set it up with me and only I signed it is it still valid? We are three weeks behind have told agent we will catch up this Thursday 28.03.19 but he said unless we pay by this Tuesday he will seize goods, the items listed are all second hand and wouldnt even cover the £1256 owing, this is very distressing my daughter already has mental health issues 14yrs old sorry to jump on here I can't work out how to start a new thread any advice much appreciated

sourcrates

Hi,


Moved to new post for you.

As you have signed a CGA i assume you let the bailiff have access to your property ?

Always best to keep them locked outside, despite what they may say.

All i can tell you is that they are just ramping up the pressure on you for payment, the very last thing that bailiff wants to do is to take your goods away, as its far too much hassle for him and his cronies, just stick to your guns and use common sense, you said yourself the goods are all second hand, and wont cover what is owed, why would they even bother, answer is they wont, they try to use it as leverage to get you to pay quicker.


Dont fall for there blarny, you cant pay till thursday and thats it, let them do there worst, show you wont be intimidated.

Jas004

Thank you that's the plan I'm also going to contact the council tomorrow and explain it all to them we are not refusing to pay simply need until Thursday, thanks for your help

CIS

The controlled goods agreement would be invalid unless your husband provided authorisation that you could act on his behalf as per regulation 14(1)(b) and 15(2)(b).


http://www.legislation.gov.uk/uksi/2013/1894/made

Who may enter into a controlled goods agreement

14.—(1) Subject to paragraph (2), a controlled goods agreement, as defined by paragraph 13(4) of Schedule 12, may only be entered into by an enforcement agent and—

(a)a debtor who is not a child;

(b)a person, aged 18 or over, authorised by the debtor to enter into a controlled goods agreement on the debtor’s behalf; or

(c)a person in apparent authority who is on the premises, where those premises are used (whether wholly or partly) to carry on a trade or business.

(2) The enforcement agent may not enter into a controlled goods agreement with the debtor or another person who it appears (or ought to appear) to the enforcement agent does not understand the effect of, and would therefore not be capable of entering into, such an agreement.

Controlled goods agreements

15.—(1) This regulation applies where a controlled goods agreement is entered into under paragraph 13(1)(d) of Schedule 12.

(2) The agreement must be in writing and signed by the enforcement agent and—

(a)the debtor;

(b)the person authorised by the debtor in accordance with regulation 14(1)(b); or

(c)the person in apparent authority in accordance with regulation 14(1)(c).

WhenIam64

Just adding to the excellent advice above. If you consider your household to have a vulnerable person at home, then there are additional rules. B&S's own FAQs highlight this

https://www.bristowsutor.co.uk/FAQs

If you think you are vulnerable we would encourage you to contact us. All our staff are trained to advise individuals who may require additional support. We also have a dedicated Welfare Team who you can ask to speak to. Where there is evidence of potential cause for concern we will report your situation to the council to whom you owe your debt.

We can’t just stop recovering debts from vulnerable people but we can suspend action for a short time for you to obtain advice if you let us know you want this.

So if you can get the action suspended (up to 30 days sometimes) then this should give you breathing space to either pay or seek advice on the lawfulness of the CGA with one of the debt charities (recommended for Monday).

B&S should refer it back to the Council for you.

CIS

The problem with vulnerability is that it's not defined in the guidelines, it's pretty much down to the enforcement agents and council to determine.


In respect of the CGA the legality of it is quite straightforward, it has either been signed by an approved party or it hasn't.

Jas004

Thank you so much for your replies, still unsure about the CGA as my husband was at work when I let them in they did not contact him in any way however I was fully aware of what I was signing? Also I hope I'm right in thinking that as long as we stick to our guns until Thursday and advise council as such.... They won't apply a locksmith?

CIS

Jas004 wrote: »

Thank you so much for your replies, still unsure about the CGA as my husband was at work when I let them in they did not contact him in any way however I was fully aware of what I was signing? Also I hope I'm right in thinking that as long as we stick to our guns until Thursday and advise council as such.... They won't apply a locksmith?

It's not whether you were aware - it's whether or not the debtor authorised you to sign a CGA on their behalf.

I'd argue that it's not reasonable to surmise a a person has authority without some sort of confirmation therefore I'd be arguing that the CGA is invalid as per the relevant legislative requirements - unless, of course, the debtor can confirm that they gave you authorisation.