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Bristow Suitor

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  • Bristow Suitor

    Sorry if have reposted in wrong section just wondering if anyone has any advice as B&S would be expecting first payment today.

    Hi all hoping someone can offer some advice will give a bit of a background 1st. I was in arrears on a previous property with the above council (had been passed to a bailiff I think B&S) and managed to get the council to recall it and had been making regular payments of agreed amount (£100) since. In October I lost hours at work and was unable to make full payment for that month. I sent an email into the council statting my situation and followed up by making a £50 payment as soon as I was paid having had no reply from council. Since then I have paid the full amount of £100 each month for last three months including payment made today o £105.


    On Saturday I received a letter from B&S stating the account has been passed to them and I was to pay either in full or £100 by tomorrow (6th) then £90 weekly for 10 weeks. I can't afford either of these options. The letter goes on to state failure to pay will result in goods being taken etc and that all goods in property are now bound and I cant sell or dispose of them.


    Rang the council first thing this morning and asked why account was passed when I have been making regular monthly payments and it is down to the £50 missing from October. I explained about my situation and the email but was told they had no trace of it despite recognising a request for new DD forms due to change in bank accounts made at the same time (still not received these) The woman recognised I had been making regular payments at agreed amount bar that one month and went to speak to an enforcement agent upon return she said that they feel the account has fairly been passed over adn was to deal with B&S.I directly asked if they were refusing to recall the account and her answer was "For now yes" and was advised again to contact and deal with B&S direct as their fees are "very high now."


    After hanging up I rang the councils direct automated payment line and made the £105 payment. Now wondering if I can do anything else to get the debt recalled as thinking of dealing with the bailiffs (or enforcement agents as they now like to be called) is filling me with dread. Adding up thier payments Bristow are asking for £1000 the council automated line says arrears are 745.


    Thanks in advance


    Adam
    Tags: None

  • #2
    Re: Bristow Suitor

    You can ignore the EAs don't talk to them don't let them in the house keep on at the Council you have been paying and have never refused to pay.



    Others on here will offer some good advice

    Comment


    • #3
      Re: Bristow Suitor

      Thas great thank you helps me relax a bit will keep nagging council reading on here seems to suggest keep all correspondence written either letter or email

      Comment


      • #4
        Re: Bristow Suitor

        Now wondering if I can do anything else to get the debt recalled as thinking of dealing with the bailiffs (or enforcement agents as they now like to be called) is filling me with dread.
        Yes, put in a formal complaint to the council. You can probably do this on their website. If not do it by letter and keep a copy. The complaint should say that they have acted unreasonably, that you did inform them and that you have resumed the payments. Ask for the debt to be recalled and not to have any bailiffs fees added.

        At the same time contact your local councillors and ask them to help get your case sorted. This is a bit hit and miss as some councillors are ineffective or difficult to contact, but many are very good and it's well worth trying. They can get through to someone at manager level in the CT collection department much easier than you can.

        Comment


        • #5
          Re: Bristow Suitor

          Thanks as soon as I get home tonight I can get onto that. Do you know if a list of councillors will be on the website?

          Comment


          • #6
            Re: Bristow Suitor

            Go to www.writetothem.com and you will get your local councillors and MP details copy the MP in if Bristols & Stupor act silly.

            Comment


            • #7
              Re: Bristow Suitor

              Worth involving your own Councillor, also send to the CEO of the council and your MP. Technically they have every right to do what they have as you did not stick to your repayment agreement. However, you kept them fully informed, acted more than reasonably and morally they are in the wrong here in my opinion.

              I would also make it clear to the council that you will not be letting the EA's into your property, nor will you be allowing any 'levy' on a vehicle (keep it parked well away if on road, ideally in a garage) so the debt will have to be passed back to the council eventually in any case. Head your letter clearly Formal Complaint and ask for the existing repayment plan to be reinstated.

              Keep us updated.

              Comment


              • #8
                Re: Bristow Suitor

                Thanks would it be ok for me to draft it and post on here for feedback?

                Comment


                • #9
                  Re: Bristow Suitor

                  I would urge you to follow the advice given by Debt Camel. Within the complaint, I would mention that had the council been taking money under an attachment of earnings order, then that particular months payment would have dropped accordingly. To have maintained the agreed payment for that particular month would have taken you below the poverty threshold. In addition, I would ask that not only is the debt taken back but the £75 compliance fee also be removed from your account.

                  Comment


                  • #10
                    Re: Bristow Suitor

                    Hi all due to family bereavement have been a bit side-tracked last few days complaint has been fired off tonight via website will keep you informed just wanted to say thanks for all the help

                    Comment


                    • #11
                      Re: Bristow Suitor

                      So apparently I have a nice letter from B&S waiting for me at home stating they will visit property if not paid or no arrangement in place in 7 days will also charge for a lock smith to gain entry etc. I had a levy on goods at the address this account relates to but no longer live there and no-one has had entry to the property I now live at dont know if that affects anything. Heard nothing off council yet is it worth ringing them again or wait for a reply?

                      Comment


                      • #12
                        Re: Bristow Suitor

                        Changing address will not affect the levy.

                        It would be wise to email B&S to advise that this account is now subject to a formal complaint and you ask B&S to suspend action until the outcome of the complaint is resolved.

                        For clarity, are you stating that B&S were involved in this case, levied upon your goods and then, after that, the council took the debt back?

                        Can you remember exactly when they entered your previous address and levied upon your goods?

                        Finally, on what grounds did the council take the debt back? It is very unusual to do so once bailiffs have control of your goods. What reasons did you give for asking them to take it back?

                        Comment


                        • #13
                          Re: Bristow Suitor

                          Hi l.bizzy am ablle to offer an update but first to answer your questionsyes B&S got access to my first property before I knew rules trucks etc but had an inventory beforehand from looking through the windows (was a ground floor flat) i think this may have been around summer 2012 off the top of my head. I had been making small but regular payments direct to the council and they agreed to recall at first request.

                          As i say i have an update. I rang Walsal MBC to see if conplaint had been received and had a rather helpful lady who listened to what I had to say and asked if I would be willing to make an offer of payment she would speak to Enforcement Officer and see if he would recall the account. She rang me back saying she had spoken to said officer (Mr Smallman) juat before he left for the day. He is willing to recall the debt but has laid down some conditions:

                          Bristow apparently are owed £150 (£75 per order) in admin fees. I made a payment direct to the council of £105 last week. He wants to give that to B&S and then for me to pay another £45 to B&S to cover their fees and he will recall the debt. I have made it clear I cant do this until the end of month possibly a couple of days before. I am expecting a call in morning to confirm if my offer has been accepted but was wondering if I should push to have all fees removed or cut my losses and agree?

                          Comment


                          • #14
                            Re: Bristow Suitor

                            I think, from what you are saying that there may be different accounts here.

                            The account from 2012 cannot have incurred a fee of £75.

                            This leaves the 2 accounts that B&S are claiming £150 for (£75 each)

                            Until we know exactly what you have been charged and how many accounts there are, it really is hard to advise.

                            I'm very sorry, but none of this is making any sense-Bailiffs can't levy by looking through the window and councils do not take debts back from bailiffs unless there are VERY strong reasons for doing so.

                            It looks like you owe a lot more than £45, so if you have this and they are prepared to wait until the end of the month, then there is no harm in you paying it. If there are any illegal fees then you can claim them back later.

                            You need to establish the following:

                            1. A breakdown of fees from B&S, to include the date any enforcement action incurred a fee, the reason for this fee and the amount of the fee.
                            2. From the council, you need to find out how many LO's they hold against you, the amount each one was for, the amount outstanding on each one, the address each one related to and the date they were issued.

                            Comment


                            • #15
                              Re: Bristow Suitor

                              I was told there is two Liability Orders one from 2012 one from 2013 but that is all I know right now

                              Comment

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