[YOUR ADDRESS & POSTCODE]

[DEBT COLLECTORS ADDRESS & POSTCODE]

Your Ref:  [THEIR REFERENCE NUMBER]

DATE: [THE DATE]

Dear Sir/Madam,

FORMAL NOTICE OF VULNERABILITY

I am writing to inform you that I am classed as vulnerable according to paragraph 77 of the Taking Control of Goods: National Standards 2014, I am classed a vulnerable for the following reasons:

[IN HERE YOU PUT FULL DETAILS OF WHY YOU ARE VULNERABLE 

WITH THE DETAILS OF ANY ILLNESS, MEDICATION, TREATMENT, CLINICS ETC]

Regulation 10(1) of the Taking Control of Goods Regulations 2013 states:-

10. (1) The enforcement agent may not take control of goods of the debtor where

(a) the debtor is a child; 

(b )a child or vulnerable person (whether more than one or a combination of both) is the only person present in the relevant or specified premises in which the goods are located; or 

(c) the goods are also premises in which a child or vulnerable person (whether more than one or a combination of both) is the only person present. 

Paragraphs 16 and 30 of the Taking Control of Goods: National Standards 2014 states:-

16. Should a debtor be identified as vulnerable, creditors should be prepared to take control of the case, at any time, if necessary

30. Where enforcement agents have identified vulnerable debtors or situations, they should alert the creditor and ensure they act in accordance with all relevant legislation. 

Paragraph 39 of the Taking Control of Goods: National Standards 2014 states Enforcement agencies must ensure that legislation restricting the enforcement activity to enforcement agents is complied with and the corresponding legislation is The Tribunals, Courts and Enforcement Act 2007, Schedule 12.

Paragraph 42 of the Taking Control of Goods: National Standards 2014 also states that:

Enforcement agents should be trained to recognise vulnerable debtors, to alert creditors where they have identified such debtors and when to withdraw from such a situation. 

Paragraphs 70 to 78 of the Taking Control of Goods: National Standards 2014 says enforcement agents must withdraw from the property:-

Taking Control of Goods: National Standards 2014:-

Vulnerable situations 

70. Enforcement agents/agencies and creditors must recognise that they each have a role in ensuring that the vulnerable and socially excluded are protected and that the recovery process includes procedures agreed between the agent/agency and creditor about how such situations should be dealt with. The appropriate use of discretion is essential in every case and no amount of guidance could cover every situation. Therefore the agent has a duty to contact the creditor and report the circumstances in situations where there is evidence of a potential cause for concern. 

71. If necessary, the enforcement agent will advise the creditor if further action is appropriate. The exercise of appropriate discretion is needed, not only to protect the debtor, but also the enforcement agent who should avoid taking action which could lead to accusations of inappropriate behaviour. 

72. Enforcement agents must withdraw from domestic premises if the only person present is, or appears to be, under the age of 16 or is deemed to be vulnerable by the enforcement agent; they can ask when the debtor will be home - if appropriate. 

73. Enforcement agents must withdraw without making enquiries if the only persons present are children who appear to be under the age of 12. 

74. A debtor may be considered vulnerable if, for reasons of age, health or disability they are unable to safeguard their personal welfare or the personal welfare of other members of the household. 

75. The enforcement agent must be sure that the debtor or the person to whom they are entering into a controlled goods agreement understands the agreement and the consequences if the agreement is not complied with. 

76. Enforcement agents should be aware that vulnerability may not be immediately obvious. 

77. Some groups who might be vulnerable are listed below. However, this list is not exhaustive. Care should be taken to assess each situation on a case by case basis. 

• the elderly; 

• people with a disability; 

• the seriously ill; 

• the recently bereaved; 

• single parent families; 

• pregnant women; 

• unemployed people; and, 

• those who have obvious difficulty in understanding, speaking or reading English. 

78. Wherever possible, enforcement agents should have arrangements in place for rapidly accessing interpretation services (including British Sign Language), when these are needed, and provide on request information in large print or in Braille for debtors with impaired sight. 

This letter serves to notify both Creditor and Enforcement Company that I am a vulnerable debtor and I am placing the creditor on notice in accordance with paragraph 30 of the Taking Control of Goods: National Standards 2014 and Paragraph 16 says the creditor/council SHOULD be prepared to take control of the case.

In view of the above please DO NOT PASS ME ON TO YOUR WELFARE DEPARTMENT as you have now been informed that I am a vulnerable and should return the debt to the Creditor.

Failure to return the debt, or an attempt to set up a repayment plan with the Enforcement Company will be seen as a delaying tactic not to deal with me as a vulnerable person but a tactic used to avoid the return of the debt to ensure payment of Enforcement Fees. This is futile as no fees will be collected from me. All your fees are Disputed.

I do not anticipate any change in circumstances in the foreseeable future and should be grateful if you would acknowledge this situation.

Any further enforcement action will be classed as harassment. 

This letter is being sent to both Creditor and Enforcement Company so that both are aware of my vulnerability and as a reminder that according to Paragraph 7 of the Taking Control of Goods: National Standards 2014 they are responsible for any enforcement agents acting on there behalf.

Please provide a copy of your Published Debt Recovery Policy or provide reason that you cannot provide this document.

Please confirm that all enforcement action against me has now ceased and that my account is passed back to the Creditor in order that I may deal with them directly.

Your sincerely

[YOUR NAME]

NOTICE TO AGENT IS NOTICE TO PRINCIPAL - NOTICE TO PRINCIPAL IS NOTICE TO AGENT

FROM:

THE LEGAL OCCUPIER

[YOUR ADDRESS & POSTCODE]

[DEBT COLLECTORS ADDRESS & POSTCODE]

Your Ref:  [THEIR REFERENCE NUMBER]

DATE: [THE DATE]

TO:

All agents acting for and behalf of:

[NAME AND ADDRESS OF DEBT COLLECTION COMPANY SUB-CONTRACTED BY THE COUNCIL]

Dear Sir or Madam,

WARNING: YOUR IMPLIED RIGHT OF ACCESS TO THIS PROPERTY HAS BEEN REMOVED

We are writing to inform you that we have removed your Implied Right of Access to the above property. If we find that you, or any other representative of the companies named above, have entered onto this property without our prior written permission and cause any obstruction to any person or damage to any  property, you will have committed the criminal offence of Aggravated Trespass and we can take your statement under caution in accordance with Sections 68 and 69 of the Criminal Justice and Public Order Act 1994.

We are taking this step because:

• Your Corporation appears to be operating under the  misapprehension that a Magistrate Court Liability Order exists and that in someway confers the power of the court to your Corporation. If such a court order exists, you will have no problem supplying a copy of the order to myself as per Civil Procedure Rules 40.4 (1) (b). Failure to provide a copy of the Magistrates Court signed and sealed Liability Order, clearly identifying the Magistrate who issued the order,  will confirm that no such order exists and you are in fact acting unlawfully in claiming you are acting under such authority.

• Your company is acting unlawfully in attempting to "levy distress" for your client. The Tribunal Courts and Enforcement Act 2007 makes not mention of private companies acting as enforcement agent, leaving your company unrecognised as an entity in enforcement law and unregulated. 

• Under Section 2 of the Protection from Harassment Act 1997, it is a criminal offence of harassment to make demands for money in such a manner that it causes alarm, distress or intimidation. This is the case no matter what method you use to make contact – whether by telephone, email, letter or in person. Punishment on conviction is six months imprisonment and/or a level 5 fine of up to £5,000, plus legal costs.

The removal of your Implied Right of Access is the first step in our action to seek prosecution. Please be aware that should you or any other representative of your company set foot on the above property at any time, your statement can be used as evidence, along with any video and audio evidence obtained.

Aggravated Trespass is a summary offence that is heard in the magistrate’s courts and carries a maximum sentence of six months imprisonment. A charge of conspiracy to commit aggravated trespass also carries a maximum six-month sentence, but it is an indictable offence, which means the case will be heard in front of a jury in the crown courts. We take this offence extremely seriously and have successfully prosecuted others for this same offence in the past.

We strongly advise that you act now to stop representatives of your company from entering onto the above property, as failure to do so may result in a criminal prosecution against your company and the individuals involved. You can avoid this easily by returning this matter back to the lawful Billing Authority, and kindly informing your staff that they will be subject to criminal prosecution if they intrude onto the above property.

HIGH COURT RULING AGAINST BRISTOW & SUTOR 20th September 2023

I draw your attention to the case of:

LEIGHTON vs BRISTOW & SUTOR 20th September 2023 IN THE HIGH COURT OF JUSTICE KING’S BENCH DIVISION SWANSEA DISTRICT REGISTRY Case Ref. J90SA00 where  HIS HONOUR JUDGE HARRISON said:

"It is, in my judgment, difficult to conclude that the defendants had a reasonable belief that they were acting in accordance with the Schedule, when the basis for doing so seemed originally to have been a letter from their client, purporting to give authority. The provisions at paragraph 26 require the defendant to be able to put themselves in a position where they can provide on request their authority to act. That, it seems to me, is an important obligation placed upon them, and is something in respect of which they needed to address their minds, and make arrangements accordingly. Otherwise they run the risk of not being able to tell the claimant anything useful, and simply signposting him to a client, which is what they have purported to do here."

FORMAL REQUEST FOR AUTHORITY

Bearing in mind this caselaw , Before any future visits to my address, I request a copy of your judicial authority. Any visit without presenting the 'court authority' with my name on it will lead to a Pre-Action Protocol, and I will seek remedy for damages under paragraph 66 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007.

I would like to clarify, as enforcement companies may not fully understand the implications of the Leighton v Bristow & Sutor case law. A liability order is a judgment and does not, by itself, authorize a bailiff to enter a property, just as a CCJ does not. It is the warrant of control that provides the authority to enter a property without force.

You are obliged, by paragraph 26 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007, to show your authority and I am requesting that from you NOW in advance of any visit. 

The High Court has held this as an "important obligation" which you must address and provide evidence of your authority.

I am requesting that you comply with your obligation to prove you have the authority to enter my premises. 

Your letter of authority from the council is insufficient for the purposes of Schedule 12. HHJ Harrison unambiguously held it to be inadequate;  such a letter relates only to Regulation 45 of The Council Tax (Administration and Enforcement) Regulations 1992, and not to Schedule 12.

Yours faithfully,

The Legal Occupier

NOTICE TO AGENT IS NOTICE TO PRINCIPAL - NOTICE TO PRINCIPAL IS NOTICE TO AGENT

Please note that my fees for dealing with issues of this type are:

 £50 per letter, £250 per phone call and standard consultancy fee of £500 per hour, or part thereof, for all other methods of communication. 

[YOUR ADDRESS & POSTCODE]

[DEBT COLLECTORS ADDRESS & POSTCODE]

DATE: [THE DATE]

Dear Sir/Madam,

GDPR 2018 NOTIFICATION DO NOT IGNORE

Your "Customer or Client" Reference Number:  [THEIR REFERENCE NUMBER]

I am not and never have been a customer or a client of your company. I consider the Councils sharing of information about myself with your company a violation of the Data Protection Act 2018 and GDPR 2018. 

Please consider this a Request under ARTICLE 17 & ARTICLE 21 GDPR  2018 for you to cease processing my information.

There is no agreement to pay your company, nor will there be any agreement. 

There is no contract or statutary duty for me to have any dealings with your company whatsoever. 

Please note that this debt is disputed. Your charges in relation to this matter are also disputed. The disputed debt should not increase. Please do not send any further letters, do not phone, do not text and do not pay any visits. 

You should only communicate by email to: [EMAIL ADDRESS THEY SHOULD USE ] EMAIL ADDRESS. 

Please provide PROOF that this debt is owed, i.e. the contract upon which you rely. Please provide details of the precise Act of Parliament that allows you as a Company to "levy distress" for the Council Tax. Please not the Tribunals, Courts and Enforcement (TCE) Act makes no reference to limited companies acting as an enforcement agent, only to individuals, leaving your company unrecognised as an entity in enforcement law and unregulated. 

Please provide the name and registered number of the enforcement officer you have sent or intend to send to levy distress. 

Please provide a paper copy of the LIABILITY ORDER or WARRANT with judge's signature and court seal that you rely on in this matter. 

Please also supply me with a copy of your complaints procedure. 

I require this information within the next 7 days. Failure to provide the Liability Order or Warrant will leave me to assume you have no Legal basis for contacting me and further communication other than email will be regarded as Harassment in breach of the Protection from Harassment Act 1997. You can prosecuted and sued under this act and I reserve the right to do both.

It is in your interest to hand this matter back to the Council as you appear to be in violation of quite a few rules and regulations regarding your companies conduct in this matter. 

Please note that my fees for dealing with issues of this type are £50 per letter, £250 per phone call and standard consultancy fee of £500 per hour, or part thereof, for all other methods of communication. If you do not dispute my fees, you agree to pay them.

Regards,

[YOUR NAME]