Bristow and Sutor taking control of goods

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sunflower1212
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Bristow and Sutor taking control of goods

Post by sunflower1212 » 13 Apr 2018 16:05

Hi there this is my first post on this site...

I have a question. I let Bristow and Sutor inside my home a couple of weeks ago and they took down a levy of all my household goods. I made an arrangement to pay back within 6 months, but there is no way I can afford this. They said 6 months is the maximum amount of time I can spread the payments over. It comes to £225 per month. I have a 10 month old baby and have only JUST gone back to work and I have an irresponsible partner who has not been paying the bills. We can't afford this amount between us.

My question is, can they force entry into my home and seize my goods because they have been let in previously?

Any advice would be much appreciated!

Thank you.

X

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Schedule 12
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Re: Bristow and Sutor taking control of goods

Post by Schedule 12 » 13 Apr 2018 16:11

Before the enforcement reforms in 2014, a bailiff could break entry to gain access to "levied goods" if the occupant refuses the bailiff access to them after defaulting on a "walking possession agreement".

Post-2014, there is no longer a provision for bailiffs to break open a domestic property to access controlled goods.
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sunflower1212
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Re: Bristow and Sutor taking control of goods

Post by sunflower1212 » 13 Apr 2018 16:18

Thanks for your reply!

It says on a citizens advice website that if they have been let into to a property before that they can use 'reasonable force' to gain access to a property which may include using a locksmith. Is that not true then I take it?

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Re: Bristow and Sutor taking control of goods

Post by Syd Snitkin » 13 Apr 2018 16:21

Jason, if a CGA is in place then the bailiff absolutely can use reasonable force to re-enter.

Sunflower - has the bailiff taken control of your goods, ie written a list of your stuff that you've both signed?
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Re: Bristow and Sutor taking control of goods

Post by sunflower1212 » 13 Apr 2018 16:26

He has written a list of all the stuff in the house that I have signed, but my partner hasn't signed it because he wasn't there and the council tax bill is in joint names.

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Re: Bristow and Sutor taking control of goods

Post by Syd Snitkin » 13 Apr 2018 16:30

It only requires one signature. Sadly, the bailiff can force entry if you deny him. However, before he can re-enter, he must give you two clear days notice, excluding sunday and public holidays. If he sends the notice by post the bailiff must also take into account statutory delivery times. Have you had such a notice yet?
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Re: Bristow and Sutor taking control of goods

Post by Schedule 12 » 13 Apr 2018 16:33

Pote Snitkin wrote:
13 Apr 2018 16:21
Jason, if a CGA is in place then the bailiff absolutely can use reasonable force to re-enter.

Reasonable force and breaking entry are two different things.

Bailiffs often say "enter by force" to insinuate breaking entry.
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Re: Bristow and Sutor taking control of goods

Post by sunflower1212 » 13 Apr 2018 16:35

No I haven't had such notice yet as our payment is not yet due.

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Re: Bristow and Sutor taking control of goods

Post by sunflower1212 » 13 Apr 2018 16:41

So using a locksmith to gain access is classed as reasonable force? Really?

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Re: Bristow and Sutor taking control of goods

Post by Syd Snitkin » 13 Apr 2018 16:42

Let's get some more details. What items have been listed? The seems to be about £1350, so they'd be looking to seize goods valued at a minimum of £7000, more likely £10000. Most households don't have goods to that value.

Do you have a car or bike parked outside? If so that would be at risk.

It seems your best bet is to contact the council and remind them of the guidance to local councils on good practice in the collection of Council Tax arrears seen here > https://webcache.googleusercontent.com/ ... clnk&gl=uk

Part 4.4 says: "Arrangements should seek to safeguard against bailiffs entering into punitive repayment arrangements directly with bill payers."

You would need to supply evidence of your income and expenditure and propose what you could comfortably afford. The amount set by B&S is beyond your means and destined to fail leaving you with more fees. The council can either set up a direct payment plan or instruct B&S to accept lower payments.
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Re: Bristow and Sutor taking control of goods

Post by Syd Snitkin » 13 Apr 2018 16:43

Schedule 12 wrote:
13 Apr 2018 16:33
Reasonable force and breaking entry are two different things.
Bailiffs often say "enter by force" to insinuate breaking entry.
A trained locksmith does not need to break anything. What other interpretation of forced entry would you suggest?
Dodgeball on the Criminal Procedure Rules - "FMOTL nonsense". Discuss.

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Re: Bristow and Sutor taking control of goods

Post by sunflower1212 » 13 Apr 2018 16:51

My partner does have a car yes. They would probably seize that. I hope they do and that teaches him a lesson.

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Re: Bristow and Sutor taking control of goods

Post by Syd Snitkin » 13 Apr 2018 16:54

sunflower1212 wrote:
13 Apr 2018 16:51
My partner does have a car yes. They would probably seize that. I hope they do and that teaches him a lesson.
If that's your only car then that leaves the house without a car, so it's cutting your nose off to spite your face. What sort of value is it?
Dodgeball on the Criminal Procedure Rules - "FMOTL nonsense". Discuss.

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