Bristow and Suitor - Enforcement Action Commenced

[Guest]

Re: Bristow and Suitor - Enforcement Action Commenced

ST I feel we will have to study the new rules in depth again and measure what Busted & Stupor claim in relation to the Compliance Stage and the progression to the actual Enforcement visit and assumption of control when they knock on the door. Perhaps they are trying to circumvent the advice that still says don't let them in and hide the car, by claiming tough we already have seized them. That will work with a majority of clueless debtors, especially those who don't come to forums like LB.

Either way I hope we aren't taking OP off track, so maybe a discussion thread on the B & S letters might be an option.

4(4) of the TCE Act binds the debtors goods for CT recovery from the time notice was served (hence the accompanying letter?)

This is obviously aimed at people who transfer ownership of cars once NOE arrives.

We live & learn.

[bizzybob]

Re: Bristow and Suitor - Enforcement Action Commenced

4(4) of the TCE Act binds the debtors goods for CT recovery from the time notice was served (hence the accompanying letter?)

This is obviously aimed at people who transfer ownership of cars once NOE arrives.

We live & learn.

Indeed we do, problem inherent itn that is that as it binds the goods from the date of the warrant and allowing for admin time to write and send it a debtor could have innocently sold a car, or something "Bound" in between the date of the warrant and receipt of the letter/.... Oh the traps and pi falls. can't see a new owner of the car they bought from the debtor,
a week before the letter arrived but on the day the warrant was issued being happy when the EA tries to seize it. Wonder if they could attend the new owners house to have it away?

I would contend that as debtor was unaware at that stage the sale should be valid.but undoubtebly it may lead to interpleader.

[Guest]

Re: Bristow and Suitor - Enforcement Action Commenced

Not quite true-It only binds the goods from when the notice is given.

A wise move by the MOJ. It stops the debtor selling goods (usually transferring ownership of a vehicle) from the point that he/she first becomes aware of enforcement action but if something is sold in between the warrant (in this case a LO) being issued and NOE being received, then that is perfectly legitimate.

Cue a coincidental run of back dated "sales" when NOE's arrive.

[bizzybob]

Re: Bristow and Suitor - Enforcement Action Commenced

Not quite true-It only binds the goods from when the notice is given.

A wise move by the MOJ. It stops the debtor selling goods (usually transferring ownership of a vehicle) from the point that he/she first becomes aware of enforcement action but if something is sold in between the warrant (in this case a LO) being issued and NOE being received, then that is perfectly legitimate.

Cue a coincidental run of back dated "sales" when NOE's arrive.

Oh what fun the EA's will have disputing it all,,

[Wombats]

Re: Bristow and Suitor - Enforcement Action Commenced

It is a sad fact that however hard the MOJ try to get it right (as per the example of binding the debtors goods above), there will always be EA's who find ways to get round the law.

In this case the legislation is black and white (ish), and it is the determination of enforcement companies / EA's to find the loopholes or ways to get round it which lead to my belief that it should all be black and white wherever possible. Too much of the legislation still remains 'within the spirit of the reforms' or 'this is definitely not what the MOJ intended.' Well it may not be within the spirit or what was intended, but it is what is happening.

With respect to the MOJ and anyone else involved in penning the legislation, if they knew anything about EA's it really did not take a genius to work one out or see it coming.

[bizzybob]

Re: Bristow and Suitor - Enforcement Action Commenced

Wombats "With respect to the MOJ and anyone else involved in penning the legislation, if they knew anything about EA's it really did not take a genius to work one out or see it coming."

Which is why like the dinosaur EA's should be extinct If dinosaurs were around they would probably try to eat us, well carnivores would, EA's are predatory like those dinosaurs except they bring misery to people already overburdened with debt which the EA helpfully (not) proceeds to increase.

That is the real problem and conundrum, collecting debt from someone whose income has decreased for whatever reason, is struggling, and enforcement increases the debt making it's repayment harder and less likely., especially if there is nothing to take from them to sell anyway.

[Wombats]

Re: Bristow and Suitor - Enforcement Action Commenced

Wombats "With respect to the MOJ and anyone else involved in penning the legislation, if they knew anything about EA's it really did not take a genius to work one out or see it coming."

Which is why like the dinosaur EA's should be extinct If dinosaurs were around they would probably try to eat us, well carnivores would, EA's are predatory like those dinosaurs except they bring misery to people already overburdened with debt which the EA helpfully (not) proceeds to increase.

That is the real problem and conundrum, collecting debt from someone whose income has decreased for whatever reason, is struggling, and enforcement increases the debt making it's repayment harder and less likely., especially if there is nothing to take from them to sell anyway.

That's not as straightforward as it seems.

If a debtor has been making every effort to repay, then -eg- councils are more willing to work with the debtor. It is where they bury their head (as I did at one stage because I was scared) that problems arise, as it's impossible then for the council to distinguish between can't pay and won't pay. The two categories are treated very differently.

Where enforcement is 'over enthusisatic' a complaint should be made.

Sadly however, the law is the law and however much we write about it or complain about it, it is still the law and if enforcement is the option chosen, then sadly the debtor should have engaged earlier. The rather cold statement made then is as true about myself as about others, so I am speaking from experience. I also understand fully just how hard it can be not to run away and bury your head in the sand.

[bizzybob]

Re: Bristow and Suitor - Enforcement Action Commenced

Agree Wombats, so reassurance and support with advice to contact EA at earliest opportunity, then advise further if EA is a muppet.

[Johnboy007]

Re: Bristow and Suitor - Enforcement Action Commenced

The problem is in many, many cases, it is the only way that people think they can escape from the everyday reality of debt and living problems.
Running away, hiding it, pretending it doesn't exist.
These poor sods simply can't handle it.
It's sites like this that offer help, a light at the end of the tunnel.
We can't clear their debts, but at least we can be there to prop them up when the bully boy EAs come a knocking.
My own daughter is one of these people, and it's bloody hard work trying to clear up the mess.
But the simply truth is....... She can't handle problems.
But at least it keeps this 70 year old grey matter on his toes.:tinysmile_grin_t:

[bizzybob]

Re: Bristow and Suitor - Enforcement Action Commenced

Much of the problem can be laid at the feet of a throwaway consumer econamy, where £1000 TV is obsolete within 6 months, and someone just "HAS" to have the latest. This means that thet £1,000 Tv is worth less than a ton when an EA comes to flog it. The reality is that once exempt goods and HP/Motability cars are taken out of the equation, there is not enough left in most homes to clear a £1,000 debt plus fees for council tax if the EA takes and sells the lot

[Johnboy007]

Re: Bristow and Suitor - Enforcement Action Commenced

At least they do have more 'Exempt Goods' now than they did before....
It still amazes me how anyone can do that bloody job.
Rob the poor to pay the rich.....

[LT2K]

Re: Bristow and Suitor - Enforcement Action Commenced

ok after a few days of freaking out, lack of sleep and panic attacks, I have finally pulled myself together again and written a letter to email. If anyone is around would they mind casting an eye over it before I send? (I will add references etc before sending)

Cheers

[Wombats]

Re: Bristow and Suitor - Enforcement Action Commenced

The problem is in many, many cases, it is the only way that people think they can escape from the everyday reality of debt and living problems.
Running away, hiding it, pretending it doesn't exist.
These poor sods simply can't handle it.
It's sites like this that offer help, a light at the end of the tunnel.
We can't clear their debts, but at least we can be there to prop them up when the bully boy EAs come a knocking.
My own daughter is one of these people, and it's bloody hard work trying to clear up the mess.
But the simply truth is....... She can't handle problems.
But at least it keeps this 70 year old grey matter on his toes.:tinysmile_grin_t:

Yep - that was me! You do come out the other end, but it's hard to see that at the time. It needs a few of us on some of these advisory bodies.

[LT2K]

Re: Bristow and Suitor - Enforcement Action Commenced

My bad, that didnt translate well to a text file. Try as a basic word file

[ploddertom]

Re: Bristow and Suitor - Enforcement Action Commenced

You must supply some form of proof of you medical conditions - letter from GP or hospital perhaps. If you are writing to B&S then a copy must also be sent to the Council. Have you engaged your local Councillor(s) about this?