Tuesday, 22 April 2014

Developments

Bristow and Sutor have written to me making it known that they intend to use the new regulatory regime to charge me £235 to collect the £42.50 they allege I owe for their phantom visits.  The regulated fee of £235 only applies for the enforcement of debts ordered by a court. As no court has ordered me to pay £42.50 to the bailiffs, their case is non-starter.  If a bailiff says he has a court order for the £42.50 when he has not, then he commits fraud and will be reported as such.

Under the new regulations I owe nothing because paragraph 58(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says when the debtor pays the debt in full (which I have) enforcement action must cease forthwith and no further enforcement steps can be taken.  When enforcement action ceases bailiffs cannot enforce the recovery of fees, Paragraph 31 of the National Standards for Enforcement Agents 2014. As we understand it, under the new regulations a bailiff cannot even sue you for fees let alone levy distress for them.  If Bristow and Sutor want a court case, I will give them one.

Meanwhile, I've not bothered to pay anything on this years council tax either.  The council have sent me a letter threatening a Liability Order unless I pay £112.09, incurring costs of £85.  So South Gloucestershire Council are still profiteering from unlawful fees.  It's about time someone tested this in court.  If I can put the last two cases to bed this year then I will give it some thought.  But for Bristow and Sutor... it's game on.  Bring it.

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