Bristow, URGENT HELP PLEASE

Quash the Liability Order. Suspend Enforcement. Disputing Liabilities. Claim Damages for Misuse of Enforcement Power.
Post Reply
Aviacom
Posts: 4
Joined: 23 Sep 2017 09:05

#1 Bristow, URGENT HELP PLEASE

Post by Aviacom » 18 Dec 2017 10:54

Hi,

My mother called me in a panic on Saturday morning as she was handed this by her new neighbors that have only just moved in next to her a month ago.

I used to live with my mother (Whom is registered disabled) until 14 months ago. Now I live 50 miles away!!

This is for a debt of £625 inc fees, from a previous relationship that I was in 2 1/2 years ago, but the council was never informed by my ex partner that I moved out on 30th April 2015 and she just left the council tax to run as joint until the November of that year.
The council want bank statements off me as address proof that I moved out but I don’t have them anymore.

I was paying £20 a month until July this year when life went down hill and I had a motorcycle accident, at which point I ceased paying, then in October 2017 my father in law passed away suddenly, then last Tuesday my father passed away suddenly, so this is the last thing I need.

I am unemployed at present, am registered as disabled and in receipt of disability benefits which is my only source of income.

So what can be done about this?
Can they hand this to a neighbour for them to fill in or does it form a Harrassment case??

Help!!
BristowSutorAttachmentRedacted.jpg
You do not have the required permissions to view the files attached to this post.
Last edited by Michelle on 18 Dec 2017 17:06, edited 1 time in total.
Reason: Replacing letter with redacted copy - original showed personal details

User avatar
Schedule 12
Posts: 13499
Joined: 30 Jul 2012 21:23
Location: SW1
Contact:

#2 Re: Bristow, URGENT HELP PLEASE

Post by Schedule 12 » 18 Dec 2017 13:40

Aviacom wrote:
18 Dec 2017 10:54
0F43A636-5898-4A03-B47E-F81AA9161797.jpeg,

This document is in clear breach of Paragraph 12 of the Taking Control of Goods National Standards 2014 published by the Ministry of Justice, which states:
  • Creditors must not issue a warrant knowing that the debtor is not at the address, as a means of tracing the debtor at no cost.

That document must be binned. There is no obligation to do anything with it.


It is a form of phishing: http://www.dealingwithbailiffs.co.uk/Ba ... terbox.htm

My mother called me in a panic on Saturday morning as she was handed this by her new neighbors that have only just moved in next to her a month ago.

I used to live with my mother (Whom is registered disabled) until 14 months ago. Now I live 50 miles away!!

This is for a debt of £625 inc fees, from a previous relationship that I was in 2 1/2 years ago, but the council was never informed by my ex partner that I moved out on 30th April 2015 and she just left the council tax to run as joint until the November of that year.
The council want bank statements off me as address proof that I moved out but I don’t have them anymore.

A tenancy agreement would suffice. Bank statement does not prove anything




I was paying £20 a month until July this year when life went down hill and I had a motorcycle accident, at which point I ceased paying, then in October 2017 my father in law passed away suddenly, then last Tuesday my father passed away suddenly, so this is the last thing I need.

I am unemployed at present, am registered as disabled and in receipt of disability benefits which is my only source of income.

So what can be done about this?
Can they hand this to a neighbour for them to fill in or does it form a Harrassment case??

Help!!
I don't think there is much mileage to apply for an injunction to forbid harassment. The neighbour can hand it to the police because burglars use this MO to find out whether a property is empty.

Given your circumstances, this might apply to you: http://www.dealingwithbailiffs.co.uk/Ba ... eholds.htm
I'm not a solicitor, but I work as a paralegal for solicitors bringing cases involving non-compliant enforcement action.

Author: dealingwithbailiffs.co.uk

Phone consultation with me

Enforcement compliance Checklist

delta157
Posts: 202
Joined: 13 Oct 2013 16:00

#3 Re: Bristow, URGENT HELP PLEASE

Post by delta157 » 18 Dec 2017 15:55

The attachment should be fully edited as far too much personal information is visible moderators should take it down or edit it fully.

Keep this letter and then inform the ICO of this matter, your/others property is at risk if you do not deal with it.

The above poster is wrong in stating you should bin it do not do this!

If you can prove to your former LA that you had moved then you MAY be able to have this quashed providing you can show the proof of your move and when.

User avatar
Michelle
Moderator
Posts: 2005
Joined: 10 Nov 2014 14:42
Location: Nuvion

#4 Re: Bristow, URGENT HELP PLEASE

Post by Michelle » 18 Dec 2017 16:57

Attachment removed and replaced with redacted copy. :geek:
Listen very carefully, I shall post this only once:
Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

Knowledge is Power.

John The Baptist
Posts: 373
Joined: 06 Jun 2017 17:22

#5 Re: Bristow, URGENT HELP PLEASE

Post by John The Baptist » 18 Dec 2017 18:22

Sadly, there has been no breach of Paragraph 12. However, I am very concerned about the notice left by B&S.

I am not convinced that handing that letter to neighbours is acceptable.

Section 48 of the Taking Control of Goods: National Standards states that creditors should be satisfied with all notices that bailiffs issue. I can't see how any council would be happy with a notice that is issued to a third party. Furthermore, section 52 of the National Standards states that bailiffs should avoid disclosing the purpose of their visit from third parties. Given that B&S operate almost exclusively to collect debts on behalf of councils, it would be a pretty safe bet to assume that the person being sought owes a debt to the council.

For the moment, I would do nothing about this as I don't recommend you disclosing your address. At the point at which your address is made available to the council, I would urge you to instigate a complaint regarding the letter that B&S sent to your neighbours.

It seems like you have been paying this debt and then stopped. I assume that you accept that you owe it? If so, you should contact the council & B&S and offer £3.50 per week whilst you are on benefits. Neither the council nor B&S will really want to be bothered collecting the money but B&S will draw the short straw and end up having to do so.

Post Reply