Complaint against Bristow & Sutor

[roland60]

Hi

 

I made a EAC2 complaint against a Bristow & Sutor bailiff who was abusive and racist during my telephone conversation with him after he had visited my home while I was out. I recorded most of the conversation.

 

I have received the Bailiffs response, which is a load of rubbish as he has not addressed the complaint. The court has given me until 20th May whether I wish to continue with the complaint. Whats thrown me is the following part of the letter from court.

 

'I strongly recommend that you seek legal advice before you proceed, as the law surrounding Bailiff's power is extremely complex. I should also make you aware that in the event that a hearing is ordered and your complaint is not upheld, you may be liable to pay costs to the bailiff subject of the complaint.'

 

Look forward to some advise.

[GrumpyToSayTheLeast]

Do you have any proof, I.e recordings?

If not, you will find it impossible to win this as ita your word against his.

Have you followed the companies in house complaints procedure fully?

What was the outcome of that?

 

Yes, if b+s ask, they could be awarded costs against you but normally only if the judge determines the complaint to be vexatious or spurious.

For a run of the mill complaint that's not upheld, costs are normally not an issue. That said, I would advise anyone to seek legal advice before carrying out an EAC2 complaint as i have seen them get very costly.

[roland60]

I do have a recording of the telephone call.

[unclebulgaria67]

If you have evidence of a criminal offence report it to the Police.

[Leakie]

As Grumpy has said "have you been through B & S's formal complaints procedure in full.

 

It could cost you a lot of money in costs if you lose the case,

[brassnecked]

If you have evidence of a criminal offence report it to the Police.

If police think phone call is racist they will probably feel the bailiffs collar.

 

 

Is the debt council tax? if so you could complain to the council and provide them with an mp3 of the call.

 

 

Whatever you do you must keep several copies of the call remotely, on PC and USB stick.

so that it isn't just on the phone.

[roland60]

The debt is regarding council tax and I did visit my local council office to make a complaint but they weren't interested in listening to the recording and told me to complain to B&S. From my research I have found that complaining to B&S is a complete waste of time.

[brassnecked]

Is any of the bailiffs conversation "overtly and unambiguously racist"?

As in he directly insulted or otherwise demeaned you on the ground of Race?

 

If so as per UB at least try to get a copper to listen to the conversation.

[Bailiff Advice]

Whilst I can appreciate that such a remark must have been upsetting to you, I am not in any way confident that a Judge would consider that the remark would be considered serious enough to warrant him removing his certificate and thereby taking away his employment.

EAC2 complaints are for very serious matters where the court need to consider whether the enforcement agent is a 'fit and 'proper' person to continue to hold a certificate. Almost certainly, the court will expect that instead of taking up valuable court time, that you first attempt to resolve any dispute with the enforcement company.

With the threat of the bailiff losing his certificate, (and thereby his employment) it is usually always the case, that the bailiff will be legally represented at an EAC2 complaint. The advice that you have received from the court is correct.....courts can and do award costs against the person making the complaint. In one fairly recent case a lady was ordered to pay £500 and in other case....an astonishing cost order of £4,000 was ordered.

[Peterbard]

I would say that making racial comments is a very serious matter IMO and should be reported, if you can prove your allegations.

 

If a racist term was used and you have it on your recording, i would send a transcript to the bailiffs and copy it to the council.

Despite what you research has told you a judge would expect complaint to be made to the bailiff before any legal recourse was sought.

 

Any complaint should be sent recorded.

 

I doubt very much the police would be interested.

[Leakie]

If it was of a racist nature DB the Police should interested,

[dx100uk]

having heard the recording there is nothing in it that is remotely racist or abusive

odd mention of op being 'thick' in not understanding that an agreement cant be made after being told so numerous times over the 5:30 call excerpt but still keeps asking

and having already broken an agreed arrangement it sounds like?

 

there are some home truths being expressed by the bailiff that probably hit home

but if that part you set me is all you have

then i'd drop the complaint PDQ

[Bailiff Advice]

Your honesty is very much appreciated.

This is one EAC2 complaint where a cost order could well have been made.

Hopefully, the OP will heed your good advice.

[roland60]

Thanks for your response.

It's a shame I didn't record the first part of the conversation as he was shouting down the phone and said he better wind his car window up as his neighbors were looking. He made the following remark 'you asian people' I wish I had recorded that.

My grandmother had passed away and I had made an arrangement to make the payment for a later date but they still sent the bailiff out who was not having any of it. He was accusing me of lying, slow in every department and thick.

 

I can't afford to take a risk losing and paying costs.

 

It's a shame they think they can get away with this kind of behaviour.

[dx100uk]

well again taken in context to what I heard on the recording, his ref to 'you people' later is clearly made in relation to buying expensive things in preference to paying CTAX, not in relation to the Asian comment as they are in the same sentence.

 

 

again..objectively, insert Scottish or British..its his observation, and he'd know, that's this happens.. its not a racists comment. its an observation.

 

 

the rest of your above, is and don't take this the wrong way, not his problem.

yes he was brash, yes he was shouting..but likewise.. you neither were listening to what was being said..its too later for another arrangement.

 

 

you held your cool and were polite, but he p'haps wasn't, but when you are dealing with the same issues and excuses day after day, you get a bit like that.

I think that this might be a bit toward why you raised the EAC2?

 

 

could it be useful to outline any problem or the problems you had paying the ctax and still ..is it now paid?

 

 

is there anything the experts here can help with to lessen issue if you are still behind?

[roland60]

I am definitely not one to use the race card but after he made the remark that is what prompted me to record the remainder of the conversation. That comment implies that all you 'Asians' are the same..... That's how it comes across to me....

 

His comments on me buying fancy goods instead of paying CTAX is ridiculous..... I live in an average looking house, with a broken down car on the drive, he couldn't see into the house to see what goods I possess and we haven't met face to face, clearly making assumptions and talking rubbish.

 

I went to see the council the very next morning regarding this threatening behaviour and they setup an arrangement which is up to date. Why he was demanding a substantial amount and then decided he wanted the full amount by 9am the next morning is totally wrong, and they are not allowed to do that....

[dx100uk]

had you had any letters like notice of enforcement or anything.????

 

 

I can ofcourse quite see why you took the action that you did

but I really don't think his comments were anything racist at all. insert any other race you like

 

 

it was a general comment on what he experiences with whatever group of people, which Ive got to admit is sometimes sadly true

mobile phone bills are paid instead ctax

many other non priority bills are paid rather than ctax, which is the 2nd most important thing you should pay other than mortgage or rent..

 

 

dx

[roland60]

I understand where you're coming from Dx but then why would he call me 'disgusting'..... What relevance does that bear and in what context as he doesn't know me....

 

If he had said, 'you women', would that not be sexist... He might as well have said that after accusing me of buying expensive handbags....

 

I was in financial difficulty and called their office to explain the situation and informed them of a date I'd make the payment but obviously they chose to send him out regardless of my situation.

 

I totally agree that priority payments are your mortgage, council tax etc.

[dx100uk]

its not right

its not nice

 

 

but the way to go was not an EAC2 complaint

that exposes you too far to much liability should it fail

 

 

council employ them

p'haps it might be better to approach the relevant council officer directly with the MP3

and your worries.

 

 

as for if he could demand the full amount, that would depend upon what letters you had already received.

 

 

you'll get there

but by the correct route.

 

 

dx

 

 

 

 

I totally agree he should be made accountable for his attitude, it was not pleasant.