Trying to apply enforcement fee for old address

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Amyliz80025
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Joined: 20 Dec 2016 11:09

#1 Trying to apply enforcement fee for old address

Post by Amyliz80025 » 20 Dec 2016 12:02

Hi hope someone called help.
My partner got a letter given to him from the tenants from where he used to live. It was a letter of attendance. I called Bristow and sutor advising rob hadn't received the notice of enforcement and has evidence he didn't live there at the time it was sent. They advised it was robs fault for not updating dvla and said all fees are payable.
I declined to give our current address because I advised they needed to do there own traces and under TCE act they needed to send new NOE letter to rob where he lives.
On the 5December they sent us a new NOE letter. However it stilladvised 392 including the enforcement fee. I argued this and paid Bristow and sutor only £157. Which is the debt and compliance fee. They are still going to pursue the enforcement fee from the last property
What do we do?

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Schedule 12
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#2 Re: Trying to apply enforcement fee for old address

Post by Schedule 12 » 20 Dec 2016 12:34

Are you sure this is Bristow and Sutor? They are normally council tax bailiffs. Nothing to do with updating DVLA.

Lets see the NOE documents given.
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Amyliz80025
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Joined: 20 Dec 2016 11:09

#3 Re: Trying to apply enforcement fee for old address

Post by Amyliz80025 » 20 Dec 2016 12:51

It's for a traffic fine but with Sheffield council.
I'll haft to take a photo when I get home to show you the NOE.

Amyliz80025
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#4 Re: Trying to apply enforcement fee for old address

Post by Amyliz80025 » 20 Dec 2016 15:19

Hi I don't know how to show you the NOE letter on here. It's a normal NOE template but where it gives you the summary of the debt it shows as:
Debt £82
compliance fee: £75
Then total amount :£392
It's definitely with Bristow and sutor for council parking fine. I'm worried for my partners car. Thanks

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Schedule 12
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#5 Re: Trying to apply enforcement fee for old address

Post by Schedule 12 » 20 Dec 2016 15:43

Is the address on the NOE correct?

Earlier you said, your partner got a letter given to him from the tenants from where he used to live.

They can't take an enforcement step to recover the enforcement stage fee in relation to visiting your previous address. Otherwise the bailiff and creditor would be jointly and severally liable for damages.
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Amyliz80025
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Joined: 20 Dec 2016 11:09

#6 Re: Trying to apply enforcement fee for old address

Post by Amyliz80025 » 20 Dec 2016 16:04

Hi thank you so much for your advise.
the first NOE letter that was originally sent was to his old address.
But Bristow and sutor then sent a new NOE letter to our address after I told them that rob no longer lived there.
And this is when I only paid £157 to them for debt and compliance fee.
The new NOE letter they sent to our address says the total balance is still 392.
I have sent them a complaint letter saying that they can't pursue the enforcement fee from old property but haven't got a reply to the complaint letter. I stated in the letter that he didn't get NOE letter for old address and they shouldn't have put this enforcement fee on the new NOE letter they sent to our new address. What can I do now?

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Schedule 12
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#7 Re: Trying to apply enforcement fee for old address

Post by Schedule 12 » 20 Dec 2016 16:34

No further action is needed on your part.

If the bailiff takes an enforcement step, then you can sue for damages for breach of paragraph 6(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

This article gives a summary of the procedure for bringing a claim in the small claims court.
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Author: dealingwithbailiffs.co.uk

Amyliz80025
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Joined: 20 Dec 2016 11:09

#8 Re: Trying to apply enforcement fee for old address

Post by Amyliz80025 » 20 Dec 2016 20:13

Thank you I needed a bit of reassurance.
My partners car is on finance. I understand I can take them to court if they take the car or clamp it.
have you know if this is a regular thing they do or do they usually not pursue the fee? X

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Schedule 12
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#9 Re: Trying to apply enforcement fee for old address

Post by Schedule 12 » 20 Dec 2016 21:08

I depends on the individual bailiff.

The bailiff companies always pressure their bailiffs to collect, but many do not because its a lot of faffing around.
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