Help please bristow /sutor questioned my 14 yr old to find out what vehicle was mine when i wasnt in the home

[Jellie]

hello

 

today a woman from bristow and sutor called round- a very grumpy impatient woamn,

i didnt see her - she sneaked to my house where my 14 yr old was sat in the front luckily with a loud dog of a friends in the garden

 

she started asking wheres your mum not here my daughter told her then she said is that her over with the campervan

my daughter said yes but before she came to talk to me she gave her the third degree questions on what i owned and where it was and stuff

 

came over to me i told her its not my van im working on it

she asked me if the man with me was with me lol..

.he said to me why didnt she ask me ...!!!

 

the short of it is i said id speak to her but she would have to wait 2 minutes while i finished what i was doing

 

she grew very bad tempered

 

next thing is she had given my daughter a notice of seizure of goods listing this campervan

 

the bill to the council of £320

levy fee 24.00

redemption of goods 24.50

 

total 378.50

 

it says 5 days to pay or they take this

which i use for my gardening work

and a room for my daughter to use while i work if shes with me...

and isnt registered in my name or anything.....

 

i have not signed anything nor will the van be here tomorrow

in fact it wont be anywhere she can find it unless she does a tour of europe lol...

 

so where do i stand

 

i havent had a notice off them to attend

she clearly questioned my daughter

the inventory of seized goods lists something she cant take

she hasnt siezed it, it says she requests all documents and keys be handed over and i request they be held for a minimum of 5 days

until a suitable sale can be arranged and its not signed...

 

the van incidently i would estimate as worth 8k lol...

are they kidding

 

need some advice how to deal with this horrible woman

if she returns tomorrow as they are on a 48 hour loop

 

bristow and sutor told me and she may return tomorrow.....

 

.thanks for any advice in advance

[hallowitch]

1) she should not have spoken to your daughter

2) she should not have handed your daughter the notice of seizure

3) if the van does not belong to you then you should inform B&S in writing by e-mail and or registered letter with a copy sent to the council (read this)

http://www.consumeractiongroup.co.uk/forum/showthread.php?262730-Has-a-bailiff-quot-levied-quot-upon-a-car-that-is-NOT-owned-by-you-...-LOCAL-GOVERNMENT-OMBUDSMAN-S-Report-!!!!

4) your levy and redemption of goods fees should be removed (this fee should not have been charged )

[RaeUK]

What?!?

 

Start with the National Standards for Enforcement Agents plenty of ammo there.

 

Such as: Enforcement agents must withdraw from domestic premises if the only person present is, or appears to be, under the age of 18; they can ask when the debtor will be home - if appropriate.

 

and: Enforcement agents should, so far as it is practical, avoid disclosing the purpose of their visit to anyone other than the debtor.

From their own website: Bristow & Sutor operate within the highest realms of integrity and professionalism and embrace the guidelines set out in the National Standards for Enforcement Agents.

 

Plenty of info for complaints ...

 

Rae.

Edited June 29, 2011 by RaeUK

[Jellie]

Thank-you

 

ill go sleep now and get the van moved in the morning somewhere else where they wont ever find it just to annoy her if she turns up...the local kids have a pic i showed them of her and her car and i said id give them 50p poer hit with the supersoaker should they see her about the neighbourhood again !

 

Thank-You!!!

 

 

lets see what tomorrow brings

 

I have been restoring this van for a while now you cannot realisticly accept someone would give up that which is worth 8k for a 320 debt without a fight...not in my name and ive a friend who owns it for me so it cannot be removed and allows me to use it as a work vehicle in return for camping out with them weekends at shows ...very good friendship and should they question that then they cannot remove something i use for work can they i do garden design i usually carry the mowers and tools in it as well :O

 

not got the registration docs in my name and i have a reciept selling it to my friend from march when i started my gardening business am a single mum had domestic violence and were also classed as vulnerable...so plenty to say but where to start!

[brassnecked]

Start a Formal Complaint as the bailiff action regarding your daughter is out of order, write to the council Head of Revenues, the CEO, and Council Leader (elected), your councillor and MP. stress the vulnerability factor and the bailiffs breach of guideline by approaching and questioning your daughter. Others will know more but it pays to go on the attack when they have obviously acted beyond their powers and acted outside the official guidelines and regulations, mention that the council is wholly liable for any acts omissions and breaches of regulations by their agent Bristow & Sutor.

[ploddertom]

 

.the local kids have a pic i showed them of her and her car and i said id give them 50p poer hit with the supersoaker should they see her about the neighbourhood again !

 

 

 

Will there be any one to take pictures!

 

PT

[fork-it]

hello

 

today a woman from bristow and sutor called round- a very grumpy impatient woamn,

i didnt see her - she sneaked to my house where my 14 yr old was sat in the front luckily with a loud dog of a friends in the garden

 

she started asking wheres your mum not here my daughter told her then she said is that her over with the campervan

my daughter said yes but before she came to talk to me she gave her the third degree questions on what i owned and where it was and stuff

 

came over to me i told her its not my van im working on it

she asked me if the man with me was with me lol..

.he said to me why didnt she ask me ...!!!

 

the short of it is i said id speak to her but she would have to wait 2 minutes while i finished what i was doing

 

she grew very bad tempered

 

next thing is she had given my daughter a notice of seizure of goods listing this campervan

 

the bill to the council of £320

levy fee 24.00

redemption of goods 24.50

 

 

You need to make two official complaints, one to the council that instructed the bailiff. A letter saying the bailiff questioned a minor and handed her a document. Mark the top of the letter - FORMAL COMPLAINT. If the complaint is not resolved then contact the Local Government Ombudsman.

 

And a complaint addressed to the court that issued the bailiffs certificate. You need to complete a Form 4 and send it to the court. Phone the bailiff on his mobile and ask which court you send it to, then quickly end the call. DO NOT answer any questions.

 

Download a Form 4: http://www.hmcourts-service.gov.uk/courtfinder/forms/form4_0606.pdf

[brassnecked]

Just a thought, with all the conflicting advice regarding Form 4, and bailiff companies gaining costs against complainants, is this breach so serious for the Form 4 to succeed? I would say it is but others may differ in opinion, a bit like lawyers really.

[fork-it]

There is no evidence any Form 4 complaint has resulted ina costs order. There is no court procedure for applying for a costs order while considering a form 4 complaint.

[brassnecked]

There is no evidence any Form 4 complaint has resulted ina costs order. There is no court procedure for applying for a costs order while considering a form 4 complaint.

 

I was just thinking of this thread, where it appears some judges treat a Form 4 as if it were litigation, which it patently is not, it is a complaint against a bailiff:

 

See posts 2, 4, and #12, where tomtubby mentions exhausting the council complaint procedure before going to Form 4 which could put the bailiff on JSA

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?306786-Making-an-official-complaint-about-a-certificated-bailiff-Form-4

 

[fork-it]

Courts have protocols and when it comes a costs order, they cannot be made against complainants. Only plaintiffs, appellants and defendants can have a costs made against them.

[fork-it]

Further information. I have looked at the allegations of multi-thousand pound costs orders being made against complainants in a Form 4 hearing.

 

These are rumours and their sources all come from within the bailiff industry.

 

There are no complainants that have a costs order made against them, let alone one for thousands of pounds. They would have to be means tested before such an award could be made and an opportunity to defend it. Court rules prevent them being made in a persons absence unless the case is ex-parte (which Form 4 is not).

 

I looked at two Form 4 complaints filed at Shoreditch County court which were dismissed as "frivolous and vexatious". One was against a bailiff who stubbed a cigarette on a footpath outside the debtors property. The other for parking a van accross a cummunal driveway. None involved any orders for costs.

 

It is more likely the bailiff industry trying to discourage debtors from making complaints. These are very damaging to bailiffs regardless of the outcome and can result in the bailiff bond being charged to pay the debtor compensation at the courts discretion. The court cannot award costs for either the complainant or the defendant in a Form 4 complaint hearing.

[brassnecked]

Thanks Fork-it, looks like Form 4 is an ultimate recourse if the council and bailiffs don't play fair then.

[fork-it]

Ultimate recourse is litigation. You can ask for a CCJ if you win, and that well & truly screws the bailiff company's application to renew their consumer credit license a-la Drakes now reincarnated Marstons.