BRISTOW AND SUTOR ADVICE NEEDED ASAP

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Kol90
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BRISTOW AND SUTOR ADVICE NEEDED ASAP

Post by Kol90 » 10 Apr 2018 22:02

To cut along story short, me and my partner ended up owing £3000 in council tax which was nearly paid off until we seperated late last year.

I am currently 33 weeks pregnant and was on JSA until 30 weeks pregnant when i had to make a claim for income support, i couldnt make my interview to sign paperwork for income support due to having to be rushed to hospital for pregnancy complications. I rang Bristow and sutor and explained to them i could only pay £50 that week due to having no money as my claim was due to be processed and i would make the last final payment (£87)the week after (beginning of April).

It was a week or so later by the time my claim was sent off to be processed as the job centre couldnt get me in any earlier to sign forms etc. With the stress of my pregnancy and being so forgetful recently, it slipped my mind about the final payment!

This evening i was in the bath and heard a quiet knock on the door and immedietly after I heard the sound of something being pushed through the door, sure enough it was a B&S Notification of Enforcement Agent Visit, demanding I pay 321.96! I broke down crying and was mortified because i couldnt believe £87 had turned into hundreds! A fee of £235 was charged for knocking my door and posting a letter!

Obviously I cant afford to pay this as my claim is only just going through and I owe most of that to family for helping me out over the past few weeks.

I dont know what to do or where I stand as B&S never sent a reminder to pay letter or email and has just sent a bailiff out to me. Im scared to be in my house now incase he comes back tomorrow and my stress levels are through the roof and the upset isnt good for me or my baby.

Kol90
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Re: BRISTOW AND SUTOR ADVICE NEEDED ASAP

Post by Kol90 » 10 Apr 2018 22:05

I forgot to mention that I had been paying off B&S weekly and this is the first time I have missed a payment.

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Schedule 12
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Re: BRISTOW AND SUTOR ADVICE NEEDED ASAP

Post by Schedule 12 » 11 Apr 2018 10:55

Kol90 wrote:
10 Apr 2018 22:02
A fee of £235 was charged for knocking my door and posting a letter!

This is called an "Enforcement stage Fee" and it is fixed by law at £235.

Obviously I cant afford to pay this as my claim is only just going through and I owe most of that to family for helping me out over the past few weeks.

You mentioned that you are on income support and pregnant. That means you are a vulnerable person for the purpose of civil enforcement.



I dont know what to do or where I stand as B&S never sent a reminder to pay letter or email and has just sent a bailiff out to me. I'm scared to be in my house now incase he comes back tomorrow and my stress levels are through the roof and the upset isnt good for me or my baby.
Earlier this year, I started giving business to a new law firm, and they have an interesting method of forcing bailiffs to comply with the regulations involving vulnerable people.

They bring an application for a detailed assessment hearing and ask the court to decide whether you are a vulnerable person and that determines whether you are liable for the £235 enforcement stage fee.

It gets the debtor off the £235 enforcement stage fee and the bailiff company a £3,500 bill of indemnity costs.

Its very efficient compared to reclaiming the £235 in the small claims track.

If you would like to start work, then gather the following:
  • 1. Evidence of your pregnancy
    2. Evidence of your income support
    3. The amount stated on the liability order (I don't need the document itself - the council can tell you the amount)
    4. Evidence of money already paid to the bailiff company.
Then contact me for a consultation (see my signature below), and we can start the show.

Apart from a £35 initial consultation fee, the process costs you nothing. The solicitor I work under will pass my draughtsman fee to the bailiff company as an indemnity costs order.
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

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John The Baptist
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Re: BRISTOW AND SUTOR ADVICE NEEDED ASAP

Post by John The Baptist » 11 Apr 2018 11:53

Kol90 wrote:
10 Apr 2018 22:02
To cut along story short, me and my partner ended up owing £3000 in council tax which was nearly paid off until we seperated late last year.

I am currently 33 weeks pregnant and was on JSA until 30 weeks pregnant when i had to make a claim for income support, i couldnt make my interview to sign paperwork for income support due to having to be rushed to hospital for pregnancy complications. I rang Bristow and sutor and explained to them i could only pay £50 that week due to having no money as my claim was due to be processed and i would make the last final payment (£87)the week after (beginning of April).

It was a week or so later by the time my claim was sent off to be processed as the job centre couldnt get me in any earlier to sign forms etc. With the stress of my pregnancy and being so forgetful recently, it slipped my mind about the final payment!

This evening i was in the bath and heard a quiet knock on the door and immedietly after I heard the sound of something being pushed through the door, sure enough it was a B&S Notification of Enforcement Agent Visit, demanding I pay 321.96! I broke down crying and was mortified because i couldnt believe £87 had turned into hundreds! A fee of £235 was charged for knocking my door and posting a letter!

Obviously I cant afford to pay this as my claim is only just going through and I owe most of that to family for helping me out over the past few weeks.

I dont know what to do or where I stand as B&S never sent a reminder to pay letter or email and has just sent a bailiff out to me. Im scared to be in my house now incase he comes back tomorrow and my stress levels are through the roof and the upset isnt good for me or my baby.
You have no need to worry about detailed assessments if you did telephone B&S. There is an excellent chance of getting the fee removed if B&S accepted your reasons for not being able to pay.

What did they say when you told them that you couldn't make payment that week?

Bear in mind that all calls are recorded and they will be able to listen to what was said so you need to be accurate.
Dodgeball on committal for council tax being a coercive measure - "FMOTL nonsense". Discuss

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Schedule 12
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Re: BRISTOW AND SUTOR ADVICE NEEDED ASAP

Post by Schedule 12 » 11 Apr 2018 15:15

Keep a copy of the recorded call. Download ACR Pro to your phone and that will record the call. You will have the same copy as they do.
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

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Kol90
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Re: BRISTOW AND SUTOR ADVICE NEEDED ASAP

Post by Kol90 » 12 Apr 2018 09:19

I rang B&S in march and told them due to my application for Income support being on hold, because i had to go hospital instead of my appt i could only pay £50 that week and id make the final £87 the week after, they accepted that but then because of everything that iv had going on I forgot to pay the £87 final payment.

I recieved that letter demanding i pay £321 couple days ago and i rang B&S asking what was going on and how dare they send someone knocking on my door, when they were told previously about my circumstances and they have now put me in debt even further, knowing full well my situation. The lady tried to cut me off mid sentence and said due to the default on account and the fact i didnt pay £87 when i said i would i have to now deal with the bailiff, they couldnt do anything and to ring the mobile number on the letter. I said to her but the Bailiff wont care about my circumstances and wont lift the fee, he will want his £235 for knocking my door wether i can afford it or not!

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Re: BRISTOW AND SUTOR ADVICE NEEDED ASAP

Post by Schedule 12 » 12 Apr 2018 09:35

They are a commercial business out to make money. Think of it as a machine that preys on and sucks the lifeblood from struggling families.

They came round so they can avail themselves to the right to claim £235 from you. That is the enforcement stage fee. I've never bought a claim for abuse of process against a bailiff company for turning up and charging £235. They will defend on the grounds they are acting in the execution of public duty.

I would be inclined to have a detailed assessment hearing. That will examine whether official guidelines define you a vulnerable person liable for the enforcement stage fee.

While a detailed assessment hearing doesn't make you any money, it does stop the bailiff. But the solicitor representing you stands to gain the most by about £3,500 indemnity costs which the bailiff company pays.

The prospect of a detailed assessment hearing might deter a bailiff company from pursuing you, so I would give evidence of your position of a vulnerable person.

Be careful about giving your email address to Bristow and Sutor. There is an investigation that they are spamming debtors personal data to email addresses they think belongs to the debtor. They are unwittingly handing out debtors personal data into the hands of inadvertent recipients using a non-working outbound email address.
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

Author: dealingwithbailiffs.co.uk

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Re: BRISTOW AND SUTOR ADVICE NEEDED ASAP

Post by Pote Snitkin » 12 Apr 2018 10:47

If you have a detailed assessment hearing before giving B&S an opportunity to remove the enforcement fee, you'll run the risk of being lumbered with the hearing costs.
Dodgeball on the Criminal Procedure Rules - "FMOTL nonsense". Discuss.

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Re: BRISTOW AND SUTOR ADVICE NEEDED ASAP

Post by Schedule 12 » 12 Apr 2018 11:30

See my other post. The OP must show evidence that he is a vulnerable person under the guidelines, and regulation 10(1) of the Taking Control of Goods Regulations 2013 does the rest.
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

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Re: BRISTOW AND SUTOR ADVICE NEEDED ASAP

Post by Pote Snitkin » 12 Apr 2018 11:41

I did see the other post. That's what should be done before diving straight into a DA.
Dodgeball on the Criminal Procedure Rules - "FMOTL nonsense". Discuss.

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Re: BRISTOW AND SUTOR ADVICE NEEDED ASAP

Post by Schedule 12 » 12 Apr 2018 12:52

Yes, Ive made a letter that can be used and put it on the other thread.
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

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John The Baptist
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Re: BRISTOW AND SUTOR ADVICE NEEDED ASAP

Post by John The Baptist » 12 Apr 2018 20:52

Kol90 wrote:
12 Apr 2018 09:19
I rang B&S in march and told them due to my application for Income support being on hold, because i had to go hospital instead of my appt i could only pay £50 that week and id make the final £87 the week after, they accepted that but then because of everything that iv had going on I forgot to pay the £87 final payment.

I recieved that letter demanding i pay £321 couple days ago and i rang B&S asking what was going on and how dare they send someone knocking on my door, when they were told previously about my circumstances and they have now put me in debt even further, knowing full well my situation. The lady tried to cut me off mid sentence and said due to the default on account and the fact i didnt pay £87 when i said i would i have to now deal with the bailiff, they couldnt do anything and to ring the mobile number on the letter. I said to her but the Bailiff wont care about my circumstances and wont lift the fee, he will want his £235 for knocking my door wether i can afford it or not!
The problem I experience a lot (and I'm not saying that it's the case with you) is that lots of people "forget" to pay their last installment. It is almost as if they are trying to extract one more ounce of flesh, believing that they are safe because the debt is almost paid.

In reality they (and unfortunately you) don't have a leg to stand on. I'd love to tell you that the visit was an abuse of process but sadly, it was not. The bailiff did what was expected of him in the light of your failure to pay.

In your shoes, I would initially contact B&S in writing outlining what has happened here. You have missed a payment fair and square but it is worth asking that the fee be removed on the grounds of vulnerability. It is not unreasonable to forget to make payment when you are heavily pregnant, going into hospital and having issues with your payments.

Pay the remaining £87 and ask that they place enforcement for the £235 on hold whilst your matter is being looked into.

If (as will probably be the case) B&S refuse to remove the fee, complain to the council. Come back here and we can tell you what to write.

Don't claim because there has been an abuse of process and don't ask for a detailed assessment. Costs will not be awarded to you on an indemnity basis even if you succeed.
Dodgeball on committal for council tax being a coercive measure - "FMOTL nonsense". Discuss

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Re: BRISTOW AND SUTOR ADVICE NEEDED ASAP

Post by Schedule 12 » 13 Apr 2018 04:47

John The Baptist wrote:
12 Apr 2018 20:52
Costs will not be awarded to you on an indemnity basis even if you succeed.
The client doesn't get an award. The Solicitors gets indemnity costs.
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

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Re: BRISTOW AND SUTOR ADVICE NEEDED ASAP

Post by John The Baptist » 13 Apr 2018 10:27

Schedule 12 wrote:
13 Apr 2018 04:47
John The Baptist wrote:
12 Apr 2018 20:52
Costs will not be awarded to you on an indemnity basis even if you succeed.
The client doesn't get an award. The Solicitors gets indemnity costs.
Jason - I don't know what you think indemnity costs are but it is very rare that they are awarded. Costs are nearly always awarded on a standard basis. Indemnity costs are imposed very occasionally in order to penalise a party for their behaviour. On what grounds do you possibly think a bailiff company would be ordered to pay costs on an indemnity basis because they visited a woman who was pregnant?
Dodgeball on committal for council tax being a coercive measure - "FMOTL nonsense". Discuss

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Re: BRISTOW AND SUTOR ADVICE NEEDED ASAP

Post by Schedule 12 » 13 Apr 2018 11:35

Indemnity costs are awarded when a party breaches a regulation or a published guideline.

They are more common than you think they are. Clamping HP cars attract indemnity costs.
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

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Re: BRISTOW AND SUTOR ADVICE NEEDED ASAP

Post by John The Baptist » 13 Apr 2018 11:43

They really are not but let's pretend that what you are saying is correct.

What regulation do you think has been breached by a bailiff visiting a pregnant woman who has defaulted on an agreement?
Dodgeball on committal for council tax being a coercive measure - "FMOTL nonsense". Discuss

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Re: BRISTOW AND SUTOR ADVICE NEEDED ASAP

Post by Schedule 12 » 13 Apr 2018 11:50

VIsiting a vulnerable person isn't a breach.

Telling a vulnerable person their goods may be seized is threatening to breach Regulation 10(1) of the Taking Control of Goods Regulations 2013.

As taking control of goods of a vulnerable debtor is a breach. Threatening it may be an offense under the Malicious Communications Act 1988.

I know the police will say its a civil matter, there are law firms that I pass clients to, can and do prosecute public officials that commit such an offense.
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

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Re: BRISTOW AND SUTOR ADVICE NEEDED ASAP

Post by Pote Snitkin » 13 Apr 2018 13:55

The MC Act covers written offences. Sending a standard statutory NOE wouldn't come under that.
Dodgeball on the Criminal Procedure Rules - "FMOTL nonsense". Discuss.

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Re: BRISTOW AND SUTOR ADVICE NEEDED ASAP

Post by Schedule 12 » 13 Apr 2018 15:15

Nothing to do with NOE, we are talking about a bailiff knowing the debtor is vulnerable and threatens enforcement.
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

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Re: BRISTOW AND SUTOR ADVICE NEEDED ASAP

Post by Pote Snitkin » 13 Apr 2018 15:36

If it's an oral exchange then the MC Act wouldn't apply. The OP falls into a category that only may be vulnerable - has the OP even provided proof of vulnerability beyond just saying so?
Dodgeball on the Criminal Procedure Rules - "FMOTL nonsense". Discuss.

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