Bristow and Sutor Bailiff letter. HELP!!!!

Stop or Suspend Enforcement. Appeal the PCN. Claim Damages for Unlawful Interference with Vehicles.
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#36 Re: Bristow and Sutor Bailiff letter. HELP!!!!

Post by coffeepot » 20 May 2017 22:01

Please could someone answer. Thanks.

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#37 Re: Bristow and Sutor Bailiff letter. HELP!!!!

Post by Schedule 12 » 20 May 2017 22:43

I'll give a more detailed reply. I've only a mobile phone.

Windows 10 had a big upgrade and completely buggered my win tablet. It's being remastered. I can't even get email. I thought they were reliable enough not to need spare ones, or stoneage laptops kicking around the house.
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#38 Re: Bristow and Sutor Bailiff letter. HELP!!!!

Post by coffeepot » 21 May 2017 11:05

Okay no problem. Thank you so much for all your help. It's appreciated.

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#39 Re: Bristow and Sutor Bailiff letter. HELP!!!!

Post by coffeepot » 21 May 2017 11:29

Is there anyone out there whom could please tell me because I had stupidly admitted to the Bailiffs and the council that I had not updated my address with the DVLA does this make any difference in me trying to recoup the money through a small claims court. Does this not make for a strong case/argument?? or does it not matter because the fact is is that the bailiffs failed to inform the council to get the warrant reissued with my new address i.e. the address on the warrant is wrong. It's unlawful so that is my argument? Sorry for all the questions but I just need reassurance that's why I may be repeating. I just need to be sure before writing my letter before action and going down the small claims route as this will cost me more money, stress and my mental energy and If I don't really have a STRONG case then perhaps I should just try to move on...

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#40 Re: Bristow and Sutor Bailiff letter. HELP!!!!

Post by Schedule 12 » 21 May 2017 11:39

coffeepot wrote:
21 May 2017 11:29
Is there anyone out there whom could please tell me because I had stupidly admitted to the Bailiffs and the council that I had not updated my address with the DVLA does this make any difference+
None.

It's a standard bailiffs defence the DVLA was not updated. That defence always fails. Schedule 12 requires debtors to be given notice, and the judge is not entitled to go behind the law. If the bailiff relies on wrong information from DVLA, then its a civil matter between the bailiff and the DVLA.



in me trying to recoup the money through a small claims court. Does this not make for a strong case/argument?? or does it not matter because the fact is is that the bailiffs failed to inform the council to get the warrant reissued with my new address i.e. the address on the warrant is wrong.
The bailiff has no defence. The law requires the authority to apply for a new warrant with the defendants address if it has changed. Again, the judge cannot go behind the law.




It's unlawful so that is my argument? Sorry for all the questions but I just need reassurance that's why I may be repeating. I just need to be sure before writing my letter before action
The legal argument does not need to be in the Letter Before Action. The bailiff and the council must seek their own legal advice. Your skeleton argument is to assist the court. Not the defendants.



and going down the small claims route as this will cost me more money, stress and my mental energy and If I don't really have a STRONG case then perhaps I should just try to move on...
The decision is ultimately yours. If you decide to go for it, I do recommend to have your legal argument drawn up for you. I do offer this service for a low cost fixed fee.
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#41 Re: Bristow and Sutor Bailiff letter. HELP!!!!

Post by coffeepot » 21 May 2017 14:58

Thank you so much for your reply Jason. You have been very helpful! Unfortunately, I cannot afford the fees to have it professionally drafted (although I really wish I could) as I am currently unemployed. Thanks all the same.

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#42 Re: Bristow and Sutor Bailiff letter. HELP!!!!

Post by coffeepot » 21 May 2017 15:19

Hi Jason,

"The legal argument does not need to be in the Letter Before Action."

But I still need to tell them WHY I am writing to them (council and the bailiffs) demanding a full refund of £408 don't I? Do I not need to state the regulations in the letter? Also how do you upload a document here as I can't seem to find any attachment button.

Thanks in advance.

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#43 Re: Bristow and Sutor Bailiff letter. HELP!!!!

Post by coffeepot » 21 May 2017 15:31

I wanted to upload the copy of the warrant that I had requested from the bailiff company as I wasn't sure whether it was genuine or not. Thanks!

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#44 Re: Bristow and Sutor Bailiff letter. HELP!!!!

Post by Schedule 12 » 21 May 2017 15:52

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#45 Re: Bristow and Sutor Bailiff letter. HELP!!!!

Post by coffeepot » 21 May 2017 17:52

Scan_20170521.png
Here it is. Also please could you answer my question #42 above. Thanks!
You do not have the required permissions to view the files attached to this post.

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#46 Re: Bristow and Sutor Bailiff letter. HELP!!!!

Post by Schedule 12 » 21 May 2017 20:32

That is a warrant from the TEC. The one in my previous post is a section 76 warrant for a court fine.

You do not need to put legal arguments in a letter before action. Just say why the money is owed, in your case failure to comply with CRP 75/7 by not applying for a new warrant after the bailiff discovered your new address, and paragraph 7(1) of Schedule 12 for failure to give notice. Say how much is owed. Set a deadline and give bank details for the money to be paid into.

No money in your account, then start the show. Ignore the excuse letters. When you complete the N150 allocation Questionaire, just get the claim allocated to the small clams track, and THEN you draft a legal argument and a witness statement. You need to give evidence of the date you changed address. The witness statement and evidence goes with the N150 and the skeleton argument is given to the judge (via the usher) on the day of the hearing. Remember to ask for your costs and your £19 an hour for about 11 hours work administering your claim.
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#47 Re: Bristow and Sutor Bailiff letter. HELP!!!!

Post by coffeepot » 22 May 2017 10:39

Thanks for your reply Jason. Oops perhaps I should have covered up the council info on the warrant. I would have thought that if it was a genuine warrant issued by TEC then it would have Northampton TRaffic Enforcement Centre on there. Anyway it had my old address printed on it. They told me in the letter that they didn't need a new warrant for each change of address.

Btw, I did receive a NOE from them at my new address so I was given notice. Thanks again :)

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#48 Re: Bristow and Sutor Bailiff letter. HELP!!!!

Post by Schedule 12 » 22 May 2017 11:01

Your old address on the warrant, enforcement fails on non-compliance with CPR75/7

You were given a NOE at your current address, but that does not enable the bailiff to go behind CPR 75/7 and ignore the fact a Notice to Owner (NTO) must be given to the respondents new address after the bailiff learned of it.
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#49 Re: Bristow and Sutor Bailiff letter. HELP!!!!

Post by coffeepot » 22 May 2017 11:09

Also should I mention in the Letter before action how they failed to acknowledge me as a vulnerable debtor despite submitting the MALG (mental health) form as evidence. Then stating the regulation about the creditormust consider taking back the debt from vulnerable debtors? OR is my ongoing mental health issues no longer an argument in my claim?? The whole bailiff action was genuinely exacerbating my mental health. Do I send a letter before action to both the bailiff and the council? Thanks.

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#50 Re: Bristow and Sutor Bailiff letter. HELP!!!!

Post by coffeepot » 22 May 2017 11:12

Thanks for the #48 reply Jason. I've only just seen it.

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#51 Re: Bristow and Sutor Bailiff letter. HELP!!!!

Post by Schedule 12 » 22 May 2017 12:04

coffeepot wrote:
22 May 2017 11:09
Also should I mention in the Letter before action how they failed to acknowledge me as a vulnerable debtor despite submitting the MALG (mental health) form as evidence. Then stating the regulation about the creditormust consider taking back the debt from vulnerable debtors? OR is my ongoing mental health issues no longer an argument in my claim?? The whole bailiff action was genuinely exacerbating my mental health. Do I send a letter before action to both the bailiff and the council? Thanks.
+

To bailiff company and the council. But don't make the MALG evidence central to your claim. Its breach of CPR75/7, and that lead to the bailiff inflicting exacerbation of your mental health. You must show the bailiff was NOT acting lawfully. This is really Personal Injury territory, but you must prove the bailiff was not acting in the execution of duty before bringing a personal injury claim. You do this by asking the judge in your small claim proceeding to make a finding of fact.
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#52 Re: Bristow and Sutor Bailiff letter. HELP!!!!

Post by coffeepot » 22 May 2017 12:22

Thank you so much for your reply Jason. To be honest with you although I do have genuine mental health problems that were exacerbated by the stress of the bailiff debt I am more interested in just trying to recoup the £408. I wasn't intending to ask for any compensation or additional costs as I would just be grateful to get the £408 back. Also because my brother paid with his credit card (I have to pay him back when I get a job) I not sure if that will make a difference as they might turn around and say we don't actually owe YOU the refund. So how should I actually ask for the refund? I'm not sure how to word it. Do I ask them to refund my brother? Or just ask them to refund ME and provide my bank details? Thanks in advance Jason. You have been very helpful!

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#53 Re: Bristow and Sutor Bailiff letter. HELP!!!!

Post by coffeepot » 22 May 2017 12:25

Sorry I don't know how I managed to post the msg twice.

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#54 Re: Bristow and Sutor Bailiff letter. HELP!!!!

Post by coffeepot » 22 May 2017 12:38

Also the reason why I wanted to mention my mental health was because the stress of the bailiff action was GENUINELY exacerbating my mental health condition. I'm p*ssed that the council didn't take me seriously and dismiss the evidence from my GP. I just them to take the debt back as it was a genuine case. I wasn't making it up.

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#55 Re: Bristow and Sutor Bailiff letter. HELP!!!!

Post by Schedule 12 » 22 May 2017 14:25

In your skeleton argument, give all the legislation and guidelines and in the back of the bundle, give the entire Act, regulations and the guidelines paginated into your bundle. I know that makes a 2-inch bundle, but the council cannot go behind it.
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#56 Re: Bristow and Sutor Bailiff letter. HELP!!!!

Post by coffeepot » 22 May 2017 17:29

Thanks.

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#57 Re: Bristow and Sutor Bailiff letter. HELP!!!!

Post by coffeepot » 22 May 2017 23:08

Hi Jason,
Please could you answe #52. I don't think I can ask for the £98 refund from the bailiffs can I? So it wouldn't be £408 that I'm requesting. Please could you confirm it's just the bailiff fees that I can ask for a refund for isn't it? So do I ask them to refund the £75 compliance stage fee + £235 enforcement fee OR just the £235 enforcement fee. Just to confirm I had received a NOE to my new address but no visits. They had visited my old address hence the enforcement fee which I would like to recoup. Thanks in advance.

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#58 Re: Bristow and Sutor Bailiff letter. HELP!!!!

Post by coffeepot » 22 May 2017 23:09

The £98 was the original debt that I owed the council btw.

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#59 Re: Bristow and Sutor Bailiff letter. HELP!!!!

Post by Schedule 12 » 23 May 2017 13:15

coffeepot wrote:
22 May 2017 23:08
Hi Jason,
Please could you answe #52. I don't think I can ask for the £98 refund from the bailiffs can I?+
No because its council tax.

So it wouldn't be £408 that I'm requesting. Please could you confirm it's just the bailiff fees that I can ask for a refund for isn't it?
I've never drafted a claim for the recovery of fees taken from a vulnerable person.

If you get court fee remission on a form EX160a. You have nothing to lose by being the first.



So do I ask them to refund the £75 compliance stage fee + £235 enforcement fee OR just the £235 enforcement fee.
In a letter before action. Ask for everything and let them do the wriggling.


Just to confirm I had received a NOE to my new address but no visits. They had visited my old address hence the enforcement fee which I would like to recoup. Thanks in advance.
You can add that to your claim particulars.
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#60 Re: Bristow and Sutor Bailiff letter. HELP!!!!

Post by coffeepot » 25 May 2017 18:20

Thanks for your reply. The £98 wasn't for council tax by the way but was what I owed the council for an unpaid PCN (bus lane contravention). The reason why I wanted to recover the £235 was because I feel that I shouldn't have been charged it for a visit to my old address when the address on the warrant was my old address. So it wasn't so much about my vulnerability though I would mention it. So would I be right in saying that bailiffs cannot charge the £235 enforcement fee for visiting a PREVIOUS/OLD address??

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#61 Re: Bristow and Sutor Bailiff letter. HELP!!!!

Post by Schedule 12 » 25 May 2017 21:55

coffeepot wrote:
25 May 2017 18:20
Thanks for your reply. The £98 wasn't for council tax by the way but was what I owed the council for an unpaid PCN (bus lane contravention). The reason why I wanted to recover the £235 was because I feel that I shouldn't have been charged it for a visit to my old address when the address on the warrant was my old address. So it wasn't so much about my vulnerability though I would mention it. So would I be right in saying that bailiffs cannot charge the £235 enforcement fee for visiting a PREVIOUS/OLD address??

You can recover it on those grounds. Just give evidence of your current address and your old address and the date you moved.

If you are on a low income, then it costs diddly-squat if you complete a form EX160a. Funnily enough, I had a client who won her claim earlier today in the small claims track and the judge awarded her court fees against the council costs even though it was an EX160a. Not sure if a judge is supposed to do that.
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#62 Re: Bristow and Sutor Bailiff letter. HELP!!!!

Post by coffeepot » 27 May 2017 13:43

Thanks for your reply Jason.

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