Bristow and sutor broken controlled goods agreement

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Morgan8080
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Joined: 27 May 2017 14:57

#1 Bristow and sutor broken controlled goods agreement

Post by Morgan8080 » 27 May 2017 15:00

Hi
my husband has a debt with our council and owes £120

I let the bailiffs in as I didn't know my rights and they did A controlled goods agreement which I signed.

I missed a payment and we Spoke to council and they made us pay £700 and then £300 a month after I was pressured into making this and the £709 nearly skinned us and still haven't got back on track.

I have missed the £300 a month for 2 months now as we cannot afford it and bailiffs say no to a different arrangement .

I called them today and they said no and they will be doing a visit next week to gain entry.

Firstly what can I do?
I can't afford to pay the arrears of £600 and also the debt is in my husbands name only and it's me who has arranged it all and signed everything .. he doesn't even know.?

Shouldn't they have spoken to him and not me???

Also I am classed as a vulnerable person due to medical problems

Oh and it's my name on controllled agreement

Sorry we have £1500 left owing I think may be £1200 I'll check

Listed is sofa , tv , foot stool, tv stand, MacBook thenjn conservatory is sofa, tv, printer , drawer units, microwave, lamp , mirror

Most of all this is now gone and changed to new due to having a sewerage leak through kitchen and living room and the insurance paying for it all to be replaced. So what they have listed is now not there except car, MacBook, tv in bedroom and printer.
I think I can prove all these in my name.


Pleas help?

Morgan8080
Posts: 5
Joined: 27 May 2017 14:57

#2 Re: Bristow and sutor broken controlled goods agreement

Post by Morgan8080 » 27 May 2017 15:05

Can I put in a n244?

I need time to stave off action so I can go through all the council tax bills and accounts with the council as put the bill all in one place . I have emailed council and my local councillor

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jasonDWB
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#3 Re: Bristow and sutor broken controlled goods agreement

Post by jasonDWB » 28 May 2017 14:20

Morgan8080 wrote:
27 May 2017 15:00
Hi
my husband has a debt with our council and owes £120

I let the bailiffs in as I didn't know my rights and they did A controlled goods agreement which I signed.

Is it valid? It must comply with all of this: http://www.dealingwithbailiffs.co.uk/TC ... ion14.html

I missed a payment and we Spoke to council and they made us pay £700 and then £300 a month after I was pressured into making this and the £709 nearly skinned us and still haven't got back on track.

I have missed the £300 a month for 2 months now as we cannot afford it and bailiffs say no to a different arrangement .

I called them today and they said no and they will be doing a visit next week to gain entry.
If you are paying the sum, and the bailiff wants to break entry then he could well be vexatious because you have made the effort to pay.



Firstly what can I do?

Contact the council.

The Department for Communities and Local Government has published an official document called the Guidance on Enforcement of Council Tax arrears. See This Document. On page 8 it provides for a local authority to return the account from bailiff administration and allow you to propose a repayment schedule you can afford.



Clause 4.4, if a bailiff is trying to force you to make payments you cannot afford then you can write to the council asking them to comply with the above guidelines and follow clause 4.5 by exercising its discretionary right to return the account to town hall control as a gesture of goodwill to protect you from further punitive action by the bailiff.


Bailiffs must not pressure a debtor to make unrealistic offers, paragraph 24 of the Taking Control of Goods, National Standards 2014.

This template letter will help you get started, it gives all the above regulations and gives the council an opportunity to avail itself to them and proposes a repayment of the arrears at a rate you can afford. Alternatively, you can use this letter courtesy of Mark1960 or this letter
I can't afford to pay the arrears of £600 and also the debt is in my husbands name only and it's me who has arranged it all and signed everything .. he doesn't even know.?
The controlled goods is not valid as far as the hunband is concerned. That was the decision in H v Sandwell MBC [1992] Legal Action August P15. Magistrates held that process was irregular so far as the other spouse was concerned.



Shouldn't they have spoken to him and not me???
Yes. The liability is not held jointly or severally when the liability order is in one name.


Also I am classed as a vulnerable person due to medical problems

This may well apply if you are the only person at home. http://www.dealingwithbailiffs.co.uk/Ba ... eholds.htm




Oh and it's my name on controllled agreement
It's a fail.

The liability order is not in your name. Only the debtor can sign, or person having thee debtors authority, e.g. a co-director of a debtor company or attorney under a Lasting Power of Attorney.





Sorry we have £1500 left owing I think may be £1200 I'll check

Listed is sofa , tv , foot stool, tv stand, MacBook thenjn conservatory is sofa, tv, printer , drawer units, microwave, lamp , mirror

Most of all this is now gone and changed to new due to having a sewerage leak through kitchen and living room and the insurance paying for it all to be replaced. So what they have listed is now not there except car, MacBook, tv in bedroom and printer.
I think I can prove all these in my name.


Pleas help?
Bailiffs aren't interested in taking that kind of gear. There is no monetary value in household nick-nacks. a Macbook contains personal data and cannot be taken because it cannot be sold. There are bank details stored on it and bailiff indemnity insurers will not cover bailiffs taking computer hardware: This article explains more: http://www.dealingwithbailiffs.co.uk/Se ... nsoles.htm
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Morgan8080
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Joined: 27 May 2017 14:57

#4 Re: Bristow and sutor broken controlled goods agreement

Post by Morgan8080 » 28 May 2017 15:30

Wow thank you for such a comprehensive answer to my questions.
I did check the controlled goods act I signed and it's in his name but he has no idea I hate worrying him.
So what's my next step on Tuesday... speak to council? Do I call bristow and sutor too? Do I tell them there's no point trying to come and take anything as it's not in his name .

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jasonDWB
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#5 Re: Bristow and sutor broken controlled goods agreement

Post by jasonDWB » 28 May 2017 15:56

Morgan8080 wrote:
28 May 2017 15:30
Wow thank you for such a comprehensive answer to my questions.
I did check the controlled goods act I signed and it's in his name but he has no idea I hate worrying him.
So what's my next step on Tuesday... speak to council?
No.

Do I call bristow and sutor too?
No.
Do I tell them there's no point trying to come and take anything as it's not in his name .
No.


Just follow the above.
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Morgan8080
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Joined: 27 May 2017 14:57

#6 Re: Bristow and sutor broken controlled goods agreement

Post by Morgan8080 » 28 May 2017 16:12

So I should sent a letter to the council?

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jasonDWB
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#7 Re: Bristow and sutor broken controlled goods agreement

Post by jasonDWB » 28 May 2017 17:00

Yes and copy by email to the CEO: You can get the council CEO email address here: http://www.ceoemail.com/uk-government-e ... ukcouncils
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Morgan8080
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#8 Re: Bristow and sutor broken controlled goods agreement

Post by Morgan8080 » 30 May 2017 08:58

But the baliffs wanted to come today they said and am guessing they will say they want 2 days or they'll take goods. How can I stop this and stop more fees.

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