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Shell v B & S and two Councils

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  • Shell v B & S and two Councils

    I shall try to keep this short, but just know it's a vain hope

    About 3 years ago, my friend Shell moved from one local council to another, unknown to her, the (now ex) other half hadn't kept up with the Council Tax from council #1. Got behind with Council Tax from Council #2. Ends up with 2 LOs from Council 2 then out of the woodwork comes a LO from Council #1. Fast forward to Dec 2010 when a bailiff turns up from Bristow and Sutor. No previous advice of visits etc, so she wasn't expecting a bailiff to suddenly appear, which is why the door wasn't locked. So imagine her surprise when he strolls into her flat, especially as she was naked in the bath at the time. In the ensuing fracas, and during the time she was handcuffed to the policeman who the bailiff had called as she was kicking off somewhat (as you do, when a bailiff wanders in whilst you are naked) said bailiff makes an inventory of her goods, which of course she didn't sign. The police also take her to the cash point and she withdrew £200 and gave it to bailiff.

    A few days later a WP is stuck through the door, with dire threats as to what will happen if she doesn't pay.

    So she starts paying £100 per month. B & S then decide to split the amount she pays between the two councils, with the resulting effect of breaking the arrangement she has with the first council, so subsequently B & S bailiff reappears with a van. She of course doesn't let them in. They then tell her that she pays £160 per month or else. Fast forward to 2 weeks ago, and enter Wendy.

    With Amy's help we come to the conclusion that the WP is completely invalid and send off a rather lovely letter to B & S, detailing a few pertinent facts such as it isn't signed, it's been levied against two diffferent LO's, the van fees charged (twice) are totally unreasonable, etc etc.

    In my new Shell persona I rang both councils to see if I could get a modicum of sense out of them, and on Friday I faxed a letter of complaint to both Councils, detailing the wrongs of their bailiffs, and pointing out the Councils' vicarious liability for the actions of B&S who are employed by them. Along with the letter I sent copies of payslips, I/E sheets and the letter already sent to B & S.

    As yet, there is no reply from Bristow & Sutor. But Council #2 have contacted Shell today and confirmed that all activity on her account is suspended pending an investigation and that they will try and come to an affordable payment arrangement.

    If we can get the bailiffs unlawful fees removed from her account,which of course are already paid as the bailiffs take their fees first, she will be in credit, and basically the van fees would wipe out the council debt.

    No word from Council #1 yet.

    But all in all not a bad result so far.

    Thanks to Amy for your help and letter writing skills when my blonde moments surfaced.
    Last edited by WendyB; 7th June 2011, 23:10:PM.
    Is no longer here
    Tags: None

  • #2
    Re: Shell v B & S and two Councils

    Thought you would like to hear today's news.

    Shell received a letter from Walsall Council (Council #1) a couple of days ago, saying she now only owed £233.33. Seemed a bit of a major reduction from the £679.25 originally owed, so I said I'd pop round tonight and have a look. Then today she rang me to say she'd had a letter from Bristow & Sutor in reply to the complaint. They refuted every point made, then right at the end, as a "goodwill gesture" only, refunded lots of fees. Her outstanding balance is now indeed only £233.33, with Walsall MBC. The refund of fees has cancelled out the remainder of the debt with Council #2, and a major part of Council #1.

    The debts together which originally totalled £936.69 have been reduced by a whopping £703.36. That's what I call a result

    However B & S (chancers that they are) demanded the balance in two instalments, one of £166 now and the remainder next month. They wouldn't enter into any negotiation on this when she alled them, so I told her to all the Council. Council were very helpful, rang B & S while she was on the phone, and told them to accept £33 now and the remainder in instalments of £50. So double whammy for B & S. That'll teach them ( well, for now, anyway)

    This has been hanging over her for 18 months, because she didn't realise what her rights were, and what lying toerags bailiffs are. She says she actually cried with relief when she read the letter today.

    All in all, a good result in pretty much record time, 3 weeks from start to finish.
    Last edited by WendyB; 17th June 2011, 18:20:PM.
    Is no longer here

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    • #3
      Re: Shell v B & S and two Councils

      A neighbour of mine was 'doorstepped' by B & S, & Walking Possession issued (no indication of bailiff's charges on the paperwork, just a 'total', pmsl)
      They were demanding £400/month.
      A single mother, she works in a low-paid retail job, earns about £800/month, & already has an attachment of earnings of £500/month for rent (housing assn.)
      Go figure!!
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb


      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.


      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment


      • #4
        Re: Shell v B & S and two Councils

        Was this for council tax too and is it sorted out now, do you know?

        Comment


        • #5
          Re: Shell v B & S and two Councils

          Yes, Amy, for CT.
          It's back with the council at the mo, I & E stage.
          Any advice greatly appreciated!
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb


          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.


          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment


          • #6
            Re: Shell v B & S and two Councils

            Do you have any more details?

            Comment


            • #7
              Re: Shell v B & S and two Councils

              She hasn't issued a SAR yet, so no real idea of bailiff's hidden charges.
              But he levied on the washing machine, a non-HD telly which you couldn't give away, other peoples' belongings, & bedroom furniture (he didn't even go upstairs!)
              (You would have to pay someone to cart the stuff away)
              He just wanted to make her life as awkward as poss.!
              CAVEAT LECTOR

              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb


              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.


              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment


              • #8
                Re: Shell v B & S and two Councils

                @Wendy - Excellent result, well done both. Makes you wonder just how many people are being fleeced around the country though by various councils. I bet the vast majority of people would have gone through hell trying to find a way to pay up in full.

                Comment


                • #9
                  Re: Shell v B & S and two Councils

                  Originally posted by charitynjw View Post
                  She hasn't issued a SAR yet, so no real idea of bailiff's hidden charges.
                  But he levied on the washing machine, a non-HD telly which you couldn't give away, other peoples' belongings, & bedroom furniture (he didn't even go upstairs!)
                  (You would have to pay someone to cart the stuff away)
                  He just wanted to make her life as awkward as poss.!
                  Ok, well that sounds like an invalid levy. Can you get her to register on here do you think?

                  Comment


                  • #10
                    Re: Shell v B & S and two Councils

                    Originally posted by Amy View Post
                    Ok, well that sounds like an invalid levy. Can you get her to register on here do you think?
                    I'll try!
                    CAVEAT LECTOR

                    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                    You and I do not see things as they are. We see things as we are.
                    Cohen, Herb


                    There is danger when a man throws his tongue into high gear before he
                    gets his brain a-going.
                    Phelps, C. C.


                    "They couldn't hit an elephant at this distance!"
                    The last words of John Sedgwick

                    Comment


                    • #11
                      Re: Shell v B & S and two Councils

                      With B & S, they will send a statement of the account just from asking, which shows up the fees. However, as they paid up more than expected, the SAR would probably have been very useful had they have argued and not coughed up, as we would have been forewarned of what to expect by way of refund, if you see what I mean. In the letter of complaint we simply said we expected a refund of all erroneous and nefarious charges.

                      That said, they did roll over fairly easily, compared to other bailiff companies

                      When I'm in work next week I'll scan in the letter we sent, and the letters we sent to the Councils, and B & S's reply.
                      Is no longer here

                      Comment

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