Bristow and suitor HELP PLEASE

[Floraljenjen2020]

I have received a email and text asking me to contact them regarding a debt only to be told by someone woman called Jess that someone will be attending to my property tomorrow, even though I have received no letters from them or phone calls. The email on Thursday last week was first contact I am in a Iva so I contacted Creditfix and today they bristow and suitor texted me again so I called them and they advised that this debt wasn’t included in my Iva and therefore I am liable for the debt. I advised I received no letters from them etc and that I am willing to make offer of payment now and set up but she flat out refused and said that they cannot do that and they will be taking control of goods.......

Can anyone please help me as they meant to be coming out tomorrow and having to take unpaid time off work for this,

[zeke]

If you have not been given a Notice of Enforcement, nobody can attend to take control of goods. Paragraph 7.1 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

You should report the text message sender as harassment: here is how:

https://www.nationalbailiffadvice.uk/Sp ... liffs.html

Also report them to your mobile phone provider free of charge by forwarding the message to 7726. All operators now use 7726, with the exception of Vodafone who use 87726.

[Syd Snitkin]

What is the debt for?
Do you have anything of value outside, ie car, bike etc?
Do Creditfix confirm the debt isn't included in the IVA?

[bailiffsarescum]

Tell em to jog on

[Floraljenjen2020]

The debt is for council tax 19/20 yes I have valuable items and yes credit fix have confirmed it’s outside of the Iva

[Syd Snitkin]

What correspondence have you had?

From the council it should be the original bill, reminders, notice seeking a liability order inviting you to attend court.

From the bailiff it should be a notice of enforcement giving you 7 clear days to contact them.

Have you had any of those?

As this is for the current year's council tax, it's unlikely to have been considered for the IVA - when did you start the IVA?

In the meantime, you don't have to answer the door to the bailiff nor can they force entry for this type of debt. Anything of value outside is as risk so you need to make it safe. Either move it away from the property or park it on private land not owned by you, eg a friendly neighbour's drive.

Regarding the CT bill - do you accept you owe the amount stated?

It is possible to add a debt to an IVA- https://beatmydebt.com/individual-volun ... isting-iva

[monkeynuts]

The reason we are asking if you have valuables outside your home (Car/bike etc) is a bailiff may attempt to levy on these items. It is best to have them away from your property whilst bailiff action is occurring.

However, despite what may have been said over the phone by Bristow and Sutor, the only thing the bailiff can do is knock on your door and ask you to pay. You have the right to keep them outside and talk through the closed door, so make sure everyone else in your home knows not to let them in. The bailiff might say you have to pay them on the doorstep or you have to let them in - you don’t. They aren’t allowed to force their way into your home and they can’t bring a locksmith to help them get in as its for council tax.

You can deal direct with the council on this issue, they may fob you off with 'its with the bailiffs' but especially as you mentioned you have not received any notices I would certainly find out as much from the council as to when the liability order was raised and for how much. It would be worth negotiating with the council an affordable repayment plan direct to them and explain to the council this debt was missed off your IVA. Ensure everything is either done or confirmed in writing.

Do not sign anything the bailiff may give to you. For them to take control of goods you must agree to it via a controlled goods agreement - hence not signing anything!

[Floraljenjen2020]

I have spoken to the council they have told me that there’s nothing they can do, my partner has spoke. To the enforcement officer who wasn’t willing to help and who and another agent of bristow who advised that they have been contacting the wrong number since October

[Floraljenjen2020]

Bristow also advised that if and when referred back to council they apply for a commital order (prison) is this correct can they do that???

[Syd Snitkin]

Remind the council of good practice guide issued by the Dept for Communities and Local Government, part 4.5:

4.5 Local Authorities should remain prepared to deal directly with individuals at any point. It is perfectly within their gift to call action back from the bailiffs at any time and where there is a case to do so they should consider such action.

Guidance_on_enforcement_of_CT_arrears.pdf

No committal to prison will be applied for. I hope you have that in a text.

It's not your concern if they've been contacting the wrong number. They need to provide the notice of enforcement to your usual address under the Taking Control of Goods Regulations 2013, section 8(1)(a) > http://www.legislation.gov.uk/uksi/2013 ... ion/8/made

Tomorrow, make contact with the council tax revenues manager at the council.

[bailiffsarescum]

Syd she got it in voice recording iv managed to record the entire conversation

[monkeynuts]

I have spoken to the council they have told me that there’s nothing they can do.

They will say that as they don't know the law. You have every right to refuse to deal with the bailiff. They will try about 3 times to get you to pay them and after that it will most likely be referred back to the council. Who will then if it's similar to my local one pass it to Jacobs a few months later.

The threat of committal to prison by B&S is a tactic to make you pay them. You are not refusing to pay your CT in fact your tying to pay it to the creditor just not via a third party. Again you have every right to do this.

What Syd says is worth putting pen to paper in a formal complaint about the matter regarding the notices.

[Floraljenjen2020]

To top it all off they have been partying to contact me on the wrong number since October,

Thankyou all for the advice I’ll be phoning the council again shortly when they open and also sending in a formal complaint