New Regs .....Same Rubbish. Bristow and Sutor Paperwork

[Deadwood]

I'll state at the outset that I've been in dispute with the council over council tax on a semi derelict house, I've lost the argument of course.

I naively thought the new regs would have brought in a new era of honesty and transparency in bailiff enforcement. I find that Bristow and Sutor notices still only show the total debt they think you owe, a single figure. I've no idea what years they're enforcing for, how much or what their fees are. It's obviously a cunning ruse to "encourage" you to take part in their [problem]. In no other financial area can businesses demand payment without showing what they are charging for. I'd be interested to know who thought the new fees were reasonable!

[ploddertom]

If this is for a period prior to April 6 this year, did they ever make a levy on any goods - if so it should be dealt with by the old rules.

[Deadwood]

If this is for a period prior to April 6 this year, did they ever make a levy on any goods - if so it should be dealt with by the old rules.

 

Thanks. I think one liability order is for this year and one for last, they've put them together (I think)

[Bailiff Advice]

Can you please confirm whether or not a 'levy' had been made in respect of the older debt and if so...when and what items where levied against.

[Deadwood]

Can you please confirm whether or not a 'levy' had been made in respect of the older debt and if so...when and what items where levied against.

 

No levy

[ploddertom]

Is the paperwork you have received entitled Notice of Enforcement or something else? It should list the debt owing albeit this may be a cumulative amount and should list any fees separately with a "warning" of what further fees may be payable if you ignore it.

 

If it only lists a single figure then you are going to have to ask them for an explanation.

[HCEOs]

As PT states, the prescribed forms give you a breakdown of what is being asked in terms of debt and enforcement fees. What it might not do is clarify how the debt is broken down though so you will need to contact the council/bailiff on that matter.

[Deadwood]

"Notification of Enforcement Agent Visit". Total only. No explanation.

[Deadwood]

As a point of interest the notice of enforcement visit makes the spurious claim of having taken control of goods, "you cannot sell or dispose etc etc" There has been no access. Looks like bailiffs are up to the old tricks.

[LynxRoll]

Makes you wonder why they don't want you to know what the actual original debt is. I can think of 2 reasons; 1 - so they can add ghost fees; or 2 - so you don't know how much to pay direct to the creditor for fear of losing their fees.

[Bailiff Advice]

As a point of interest the notice of enforcement visit makes the spurious claim of having taken control of goods, "you cannot sell or dispose etc etc" There has been no access. Looks like bailiffs are up to the old tricks.

 

As HCEO stated the PRESCRIBED forms require a breakdown to be provided. The notice that you refer to is actually NOT a prescribed form. The new regulations have posed difficulties as they have provided statutory forms but a form has not been provided in cases where a 2nd or follow up visit is made and accordingly, almost all bailiff companies are using a 'Notice of Enforcement Agent Visit' to at least advise that they have attended a further time.

 

You should have received a prior notice outlining the amounts charged.

 

What is clear is that under the new regs an enforcement agent must not charge 'multiple' fees for enforcing more than one Liability Order (or other warrant) but is permitted to charge a Compliance Fee of £75 for each debt.

 

Secondly, the reference to the comment that you 'cannot sell or dispose etc etc' is in fact...CORRECT. This is because, under the new regulations could become 'bound' at a certain stage in the enforcement procedure and accordingly, cannot be disposed of.

[Deadwood]

Secondly, the reference to the comment that you 'cannot sell or dispose etc etc' is in fact...CORRECT. This is because, under the new regulations could become 'bound' at a certain stage in the enforcement procedure and accordingly, cannot be disposed of.

 

So what does that mean then? It's not a levy and doesn't give the bailiff rights does it?

[LynxRoll]

I would've thought that if no levy or control has been made, you are free to do what you want with your possessions.

[Bailiff Advice]

So what does that mean then? It's not a levy and doesn't give the bailiff rights does it?

 

I do apologise for not returning back to this question.

 

The new regulations have imposed a condition that goods are 'bound' etc. It is slightly complicated but put simply; it means that from a certain date the debtor's goods becomes 'bound' which means that (in most cases) they cannot be transferred, assigned, sold etc.

 

The 'certain date' when goods become 'bound' is either from the date when the writ or warrant had been endorsed or from the date of the Notice of Enforcement. The actual date applied to different debt 'types'.

 

However, if the debtor had been unaware of the writ/warrant and had not received a Notice of Enforcement he may dispose of the goods but only if the sale had been for what is termed: 'valuable consideration' (in other words a fair price).

 

Goods 'cease' to be 'bound' when the 'amount due' is paid in full.