Desperate help please bristow sutor threats

Quash the Liability Order. Suspend Enforcement. Disputing Liabilities. Claim Damages for Misuse of Enforcement Power.
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Bembear123
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Desperate help please bristow sutor threats

Post by Bembear123 » 12 Apr 2018 09:54

Hello .

After being unemployed last year and not being paid the benefit run on for a month that it was said I was entitled to I got into difficulties.
This plus mental health issues has left me owing I beleive around £400 in council tax.
Newcastle under lyme council sent it to debt agency Bristow and sutor who sent me a letter demanding payment.
I telephoned them as I was so surprised and they agreed over the phone to a repayment plan of £20 per month.
I am now in part timework of 16 hours a week. I receive no benefits.
They reneged on this by sending round an "agent" who popped a handwritten letter stating I now also owed their fees total is now £789.
I spoke on several occasions with Mr Quinn this ahmgent who said to write to themwhich I did and have received no reply.
Yesterday I received a text message from another agent called Tracey Hastings whomto put it plain was an obnoxious bitch.
I told her I was trying to pay that my mental health issues leave me vulnerable, that on friday I wouldnt be living at the property but in fact would be possibly homeless but she didnt care and in fact laughed.
I rang bristow and sutor to speak with their "welfare team" who said I still have to pay the full 789 by the 17th april or face enforcement and removal of goods


What on earth can I do?

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Schedule 12
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Re: Desperate help please bristow sutor threats

Post by Schedule 12 » 12 Apr 2018 10:17

It appears Bristow and Sutor are in a habit of turning up just to attract the £235 enforcement stage fee from debtors that are vulnerable people.

This article explains the legal position on vulnerable people:

http://www.dealingwithbailiffs.co.uk/Ba ... eholds.htm

If you are a vulnerable person then you are not liable for the enforcement stage fee £235.

If Bristow and Sutor continue this policy as it has on others asking on this forum, it might be an idea to apply for a detailed assessment hearing. That is to ask the court to decide if you are a vulnerable person and liable for the £235 enforcement stage fee.

This will relieve the bailiff company of money by an indemnity costs order.
A Director
Bristow and Sutor
Bartleet Road, Washford
Redditch
Worcestershire
B98 0FL

[DATE]

Re: Vulnerable people and liability for the £235 enforcement stage fee

Dear Sir,

I write further to your attendance at my address and attracting the enforcement stage fee £235 while I was already paying the arrears.

I enclose evidence I am a vulnerable person for the purpose of civil enforcement, proving you may not recover the £235 enforcement stage fee using the Schedule 12 enforcement procedures.

Please confirm in writing that you will cease and desist threats of recovering a £235 enforcement stage fee using the Schedule 12 enforcement procedures no later than [DATE], alternatively, I will instruct a solicitor to apply for a detailed assessment hearing to ask the court to examine the enclosed evidence and decide whether you may recover the enforcement stage fee using the Schedule 12 enforcement procedures.

If the assessment finds I am a vulnerable person, then this may attract a liability for costs on an indemnity basis.


Yours Sincerely

[YOUR NAME]
Encs:
Evidence of being a vulnerable person for the purpose of civil enforcement.
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

Author: dealingwithbailiffs.co.uk

Phone consultation with me

Enforcement compliance Checklist

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Syd Snitkin
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Re: Desperate help please bristow sutor threats

Post by Syd Snitkin » 12 Apr 2018 10:53

Vulnerable people are not 100% exempt from fees. If they're identified as vulnerable they must be given an opportunity to seek advice and support before the enforcement stage fee can be applied.

By way on one example, someone who doesn't speak English being allowed to arrange someone who can communicate between them to be in attendance.
Dodgeball on the Criminal Procedure Rules - "FMOTL nonsense". Discuss.

Bembear123
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Re: Desperate help please bristow sutor threats

Post by Bembear123 » 12 Apr 2018 11:11

Update

I spoke to bristow sutor again they are still coming on 17th no matter what

I telephoned and spoke to a recovery team member who said go back to bristow and sutor end of.

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Schedule 12
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Re: Desperate help please bristow sutor threats

Post by Schedule 12 » 12 Apr 2018 11:33

They won't be there on the 17th. THat is guaranteed.

To give a date they are turning up is a bailiff company tactic to pressure you into getting them money before the 17th.

They won't be there because they can be ambushed by film crews making TV programs on rogue bailiffs. They have learned their lesson never to be so predictable.
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

Author: dealingwithbailiffs.co.uk

Phone consultation with me

Enforcement compliance Checklist

Bembear123
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Joined: 12 Apr 2018 09:39

Re: Desperate help please bristow sutor threats

Post by Bembear123 » 12 Apr 2018 11:36

Bristow and sutor wont help
Newcastle under lyme council wont help

So what do i do?

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Syd Snitkin
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Re: Desperate help please bristow sutor threats

Post by Syd Snitkin » 12 Apr 2018 11:46

Remind the council that the enforcement guidance says that they should be prepared to deal directly with the debtor at all times and that the council remain liable for the bailiff's actions.

The letter drafted above should be sent to the council with evidence of the vulnerability.
Dodgeball on the Criminal Procedure Rules - "FMOTL nonsense". Discuss.

Bembear123
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Joined: 12 Apr 2018 09:39

Re: Desperate help please bristow sutor threats

Post by Bembear123 » 12 Apr 2018 11:52

Thabks Pote
Ive sent letter in an email now to council
I did say to council they are responsible and they said they are not
.
I owe them £479.78 in council tax they said today ...I asked if i pa8d that before 17th what would happen they said action would still proceed and that they as a council would forwardmy monies to bristow andsutor who wpupd take their cut!??

Bembear123
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Joined: 12 Apr 2018 09:39

Re: Desperate help please bristow sutor threats

Post by Bembear123 » 13 Apr 2018 07:10

So .
Tracey hastings rang me after I sent in the email
Spouted some rubbish and as per usual refused to listen to me quoting as many of the regulations back at her
She says ive not provided evidence of being vulnerable so it will goahead on 17th

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