Bailiff fee irregularity Bristow & Sutor

Quash the Liability Order. Suspend Enforcement. Disputing Liabilities. Claim Damages for Misuse of Enforcement Power.
User avatar
Pote Snitkin
The Watcher
Posts: 6459
Joined: 28 Apr 2014 09:43
Location: In your loft, waiting

#36 Re: Bailiff fee irregularity Bristow & Sutor

Post by Pote Snitkin » 30 Mar 2017 13:59

LUCYLOCKET wrote:
30 Mar 2017 13:20
ok but what if he does what you mentioned and takes on the costs to himself of a locksmith - as per the comment above - can he do it then?
No - he has no power to force entry. If he were to hire a locksmith off his own back, both would be guilty of breaking and entering. Any locksmith would know this.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

User avatar
Schedule 12
Posts: 13070
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#37 Re: Bailiff fee irregularity Bristow & Sutor

Post by Schedule 12 » 30 Mar 2017 17:34

I've never seen it done for council tax.

It's been done for unpaid court fines, but it's always resulted in the bailiff company shelling out defending the claim for damages that follows.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

LUCYLOCKET
Posts: 60
Joined: 18 Jun 2014 12:44

#38 Re: Bailiff fee irregularity Bristow & Sutor

Post by LUCYLOCKET » 19 Apr 2017 12:42

That's great thank you!

Alan71
Posts: 16
Joined: 05 May 2017 21:34

#39 Re: Bailiff fee irregularity Bristow & Sutor

Post by Alan71 » 05 May 2017 22:19

Hello
I wonder if I could have some advice please
I've had a arrangement with Bristow & Sutor over a 6mths period about unpaid council tax, I've always paid it ( not on time on a few occasions)
On the 24/4/17 I contacted them to say I could pay £100 ( should be £179) and I would try and pay the remainder by the 28/4 (£79) I didn't get paid until the 29th, so on the 1/5/17 I paid the balance straight into their bank via online
On the 3/5/17 I got home from work to find a envelope posted thro my door off B&S notification of enforcement agent visit with a £235 fee, I only owe them one more payment of £179 which is due this month, I've had no letters off them saying anything
Should I pay this?
Thanks
Alan

User avatar
Schedule 12
Posts: 13070
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#40 Re: Bailiff fee irregularity Bristow & Sutor

Post by Schedule 12 » 06 May 2017 12:39

They can only charge it once per liability order. Once the council tax itself is paid. The enforcement power ends.

Charging you a £235 enforcement stage fee could be an abuse of process. I have known others to recover it in those circumstances.

I'd be inclined to revisit all the payments you have made. You might be surprised they are owing you money.

http://www.dealingwithbailiffs.co.uk/fo ... p?id=41527. Run this checklist
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

User avatar
Pote Snitkin
The Watcher
Posts: 6459
Joined: 28 Apr 2014 09:43
Location: In your loft, waiting

#41 Re: Bailiff fee irregularity Bristow & Sutor

Post by Pote Snitkin » 06 May 2017 13:17

Alan71 wrote:
05 May 2017 22:19
Hello
I wonder if I could have some advice please
I've had a arrangement with Bristow & Sutor over a 6mths period about unpaid council tax, I've always paid it ( not on time on a few occasions)
On the 24/4/17 I contacted them to say I could pay £100 ( should be £179) and I would try and pay the remainder by the 28/4 (£79) I didn't get paid until the 29th, so on the 1/5/17 I paid the balance straight into their bank via online
On the 3/5/17 I got home from work to find a envelope posted thro my door off B&S notification of enforcement agent visit with a £235 fee, I only owe them one more payment of £179 which is due this month, I've had no letters off them saying anything
Should I pay this?
Thanks
Alan
Was the arrangement in writing? How did you contact them when you needed to pay late? Did they respond?
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

Alan71
Posts: 16
Joined: 05 May 2017 21:34

#42 Re: Bailiff fee irregularity Bristow & Sutor

Post by Alan71 » 06 May 2017 15:03

Hello
I set the arrangement up over the phone when I first received their letter in the post (Dec 16 )
Regarding paying later I've always phoned their office number and spoke to them direct, I've had no letters until now

Alan71
Posts: 16
Joined: 05 May 2017 21:34

#43 Re: Bailiff fee irregularity Bristow & Sutor

Post by Alan71 » 06 May 2017 15:19

Hello Jason
I've always paid via their payment line and took done the reference number of the payment I've made, I've been paying £179 for 5mths with just one payment left to make
Also on the letter that was posted thro my door it's dated and B&S agent signature no time was on the form and also the amount owing was wrong

User avatar
Pote Snitkin
The Watcher
Posts: 6459
Joined: 28 Apr 2014 09:43
Location: In your loft, waiting

#44 Re: Bailiff fee irregularity Bristow & Sutor

Post by Pote Snitkin » 06 May 2017 15:39

As you had nothing in writing then you can make a complaint. The account was up to date 2 days before they visited, so they were trying to enforce an amount already paid. Complain to B&S but more importantly complain to the council - they remain liable for all actions the bailiff takes.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

Alan71
Posts: 16
Joined: 05 May 2017 21:34

#45 Re: Bailiff fee irregularity Bristow & Sutor

Post by Alan71 » 06 May 2017 16:00

The amount in the paperwork he posted was wrong as I had paid the £79 the amount they are trying to claim off me is £493
Spoke to agent and he says the £235 will have to stand

Alan71
Posts: 16
Joined: 05 May 2017 21:34

#46 Re: Bailiff fee irregularity Bristow & Sutor

Post by Alan71 » 06 May 2017 16:00

I only owe £179

User avatar
Pote Snitkin
The Watcher
Posts: 6459
Joined: 28 Apr 2014 09:43
Location: In your loft, waiting

#47 Re: Bailiff fee irregularity Bristow & Sutor

Post by Pote Snitkin » 06 May 2017 16:04

Alan71 wrote:
06 May 2017 16:00
The amount in the paperwork he posted was wrong as I had paid the £79 the amount they are trying to claim off me is £493
Spoke to agent and he says the £235 will have to stand
The agent will say that, so you need to go above him. They haven't acknowledged the £79 you paid 2 days before the visit. You must complain to the council. In the meantime ask for a full breakdown of the account from BS, that'll delay them a bit.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

Alan71
Posts: 16
Joined: 05 May 2017 21:34

#48 Re: Bailiff fee irregularity Bristow & Sutor

Post by Alan71 » 06 May 2017 16:34

When I phoned the agent on the Thursday he said he would speak to the office and call me back, when he did he confirmed that the £79 was paid but he wasn't updated?
Should I just pay the council direct the last £179

User avatar
Pote Snitkin
The Watcher
Posts: 6459
Joined: 28 Apr 2014 09:43
Location: In your loft, waiting

#49 Re: Bailiff fee irregularity Bristow & Sutor

Post by Pote Snitkin » 06 May 2017 16:46

No, it's not due yet - complain to the council about what BS are trying to do and say you will not be paying the extra £235 to their agent when the account was up to date when they visited.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

User avatar
Schedule 12
Posts: 13070
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#50 Re: Bailiff fee irregularity Bristow & Sutor

Post by Schedule 12 » 07 May 2017 19:58

BS is messing you about to pocket £235 for themselves. I'd get the £179 paid up to get rid of the enforcement power.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Alan71
Posts: 16
Joined: 05 May 2017 21:34

#51 Re: Bailiff fee irregularity Bristow & Sutor

Post by Alan71 » 08 May 2017 13:17

Update I've posted letters to council & emailed them too I'll wait for their reply
Who should I pay the £179 to the council or B&S

User avatar
Schedule 12
Posts: 13070
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#52 Re: Bailiff fee irregularity Bristow & Sutor

Post by Schedule 12 » 08 May 2017 15:11

The council. Then tell B&S the amount outstanding has been paid. That ensures the bailiff is liable of he subsequently takes an enforcement step. Paragraph 59 of Schedule 12 of the Tribunals Court and Enforcement Act 2007.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Alan71
Posts: 16
Joined: 05 May 2017 21:34

#53 Re: Bailiff fee irregularity Bristow & Sutor

Post by Alan71 » 08 May 2017 15:28

Thanks Jason is their anything I could send to this agent as I have his phone number, I'll pay the £179 first thing in the morning to the council
Shall I just ignore this £235 fee they are trying to add on my bill, as I was upto date with my bill before they came in the 3/5/17

User avatar
Schedule 12
Posts: 13070
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#54 Re: Bailiff fee irregularity Bristow & Sutor

Post by Schedule 12 » 08 May 2017 16:38

Use the attached.

It can be uploaded to a cloud server and a link sent to the bailiff by text message
You do not have the required permissions to view the files attached to this post.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Alan71
Posts: 16
Joined: 05 May 2017 21:34

#55 Re: Bailiff fee irregularity Bristow & Sutor

Post by Alan71 » 08 May 2017 16:47

Many thanks

Alan71
Posts: 16
Joined: 05 May 2017 21:34

#56 Re: Bailiff fee irregularity Bristow & Sutor

Post by Alan71 » 08 May 2017 19:42

Hi Jason
Just a quick question my original debt to the council was £1000 when B&S took over another £75 was added on, I've paid £896 back already do I have to pay back £1075 or just £1009

Alan71
Posts: 16
Joined: 05 May 2017 21:34

#57 Re: Bailiff fee irregularity Bristow & Sutor

Post by Alan71 » 08 May 2017 19:44

Sorry £1000 fat fingers

User avatar
Schedule 12
Posts: 13070
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#58 Re: Bailiff fee irregularity Bristow & Sutor

Post by Schedule 12 » 08 May 2017 20:44

The £75 is prescribed as the "compliance stage fee" under the Taking Control of Goods (Fees) Regulations 2014.

The regulations do not place the debtor under any obligation to pay it. The prescribed fee schedule is just that. It doesn't require anyone to pay them.

£1000 is owed as far as the law is concerned.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Alan71
Posts: 16
Joined: 05 May 2017 21:34

#59 Re: Bailiff fee irregularity Bristow & Sutor

Post by Alan71 » 08 May 2017 20:47

Thank you so much

Alan71
Posts: 16
Joined: 05 May 2017 21:34

#60 Re: Bailiff fee irregularity Bristow & Sutor

Post by Alan71 » 09 May 2017 11:50

Hello
Just a quick question paid my balance to the council this morning £104, told by the council that the £79 I paid to B&S at the start of the month was not showing in the councils account

User avatar
Schedule 12
Posts: 13070
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#61 Re: Bailiff fee irregularity Bristow & Sutor

Post by Schedule 12 » 09 May 2017 12:18

Provided you have evidence it was paid, then you are okay.

B&S might try pretending they can apportion money paid under a the rules that govern the distribution of proceeds from the sale of goods.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Alan71
Posts: 16
Joined: 05 May 2017 21:34

#62 Re: Bailiff fee irregularity Bristow & Sutor

Post by Alan71 » 09 May 2017 12:33

Hi Jason I have evidence via my online bank, just had a phone call from the council saying they were rather quick to jump on my case they are going to send them a email to B&S saying that and the £235 fee be revoked
Happy Days

User avatar
Schedule 12
Posts: 13070
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#63

Post by Schedule 12 » 09 May 2017 12:52

Well done. Another happy customer!
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Alan71
Posts: 16
Joined: 05 May 2017 21:34

#64 Re: Bailiff fee irregularity Bristow & Sutor

Post by Alan71 » 09 May 2017 13:23

Just sent the agent & B&S text message to say it's all been paid
Jason have you tried to send a email to B&S before on their website

User avatar
Schedule 12
Posts: 13070
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#65 Re: Bailiff fee irregularity Bristow & Sutor

Post by Schedule 12 » 09 May 2017 14:06

Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Post Reply