Hi

We had a visit from an enforcement agent regarding council tax,

we had a payment plan in place and missed two payments that we had arranged to pay 10 days ago

but due to a death in the family we missed that date.

We called their office today to bring the payment upto date

but were told that we have to deal with the agent directly.

The letter posted through the door has noted my car details

and claiming that my goods are bound etc..

We have been told contact the agent ASAP.

The debt is approx £2000

I am sorry to hear of your recent loss. What relationship was the family member to you? The reason I ask is to enquire whether or not you could be considered 'vulnerable'. I apologise in advance for asking so many questions but it will greatly assist with our advice to you.

Hi Bailiff advice

Thanks for getting back to me, appreciate it.

It was my uncle who passed away after suddenly falling ill.

Prior to the visit today, has the bailiff made a previous visit to your property in connection with this debt? NO

When was the payment arrangement set up? Original Payment Plan 1st April 2016 but for this payment of £416 on 2nd August for 12th August.

How much should you have paid to Bristow & Sutor each week or month? £208 per month

How many payments have been made? 3 Payments and called to pay for 2 (£416) today to bring plan up to date, that would have made 5 in total.

How much roughly is the vehicle worth? £500 but the engine has seized and doesn't work.

Is the vehicle subject to finance? NO

Do you know how much has been charged by the bailiff in relation to their fees? £279

Regards,

IM

Thank you for your response.

Unfortunatly, the statutory regulations would not consider that an Uncle would be a close relative for the purpose of 'vulnerability'.

How many Liability Orders are Bristow & Sutor enforcing?

You mention that you called B & S today to bring the payment arrangement up to date. Have you now made that payment?

Is the enforcement agent aware that the engine has seized on the vehicle?

Do you have any other vehicles? If so, these are at serious risk of being seized. If not, then the enforcement agent is the one that is in difficulty.

Hi Bailff Advice

How many Liability Orders are Bristow & Sutor enforcing? 2

You mention that you called B & S today to bring the payment arrangement up to date. Have you now made that payment? No because they said that even if we pay them the £416 now they cannot stop the Enforcement Officer and we still have to call him to make an arrangement.....

Is the enforcement agent aware that the engine has seized on the vehicle? No (we haven't spoken to the agent)

Do you have any other vehicles? If so, these are at serious risk of being seized. If not, then the enforcement agent is the one that is in difficulty. No we don't have any other vehicles

We just don't want this to escalate and don't know how to approach this so would really appreciate all the advice we can get before we call the agent.

The Notification from today states that 'amount due £2K installment Weekly ASAP'

Regards,

IM

A further question from me, sorry.

Would I be right in assuming you have not been able to pay your CT because of the problems you've been having with Nemo and the SPO on your house?

Remember the importance of not allowing the bailiff into your property, or leaving anything of value outside which he can take into possession - this is why BA is asking about other vehicles. Keep doors locked!

Are you able to afford and sustain the repayments you've agreed? You've clearly been under a vast amount of stress recently.

Hi Bailff Advice

 

We just don't want this to escalate and don't know how to approach this so would really appreciate all the advice we can get before we call the agent.

 

The Notification from today states that 'amount due £2K installment Weekly ASAP'

 

Regards, IM

Well the good news is that the enforcement agent cannot charge any further fees unless he makes arrangements to remove the broken down vehicle. If he were daft enough to do so, then a final fee of £110 could be charged...and nothing further.

Given that there are no available goods that can be taken, the enforcement agent either has to agree a new payment arrangement or alternatively, return the account back to the council (which he would not want to do).

PS: Please don't get yourself into agreeing a new repayment plan that you cannot reasonably afford to repay.

Thanks Bailiff Advise

Appreciate your advice, another quick question, how long/months would they be willing to spread the repayment plan?

quick question, how long/months would they be willing to spread the repayment?

also will they want to go through income and expenditure?

Thanks Bailiff Advise

 

Appreciate your advice, another quick question, how long/months would they be willing to spread the repayment plan?

Very hard to say. Most agreements would normally be based upon the terms outlined in their contract with the local authority. Some contracts are very tough and stipulate that payment arrangements should be over a maximum of 3-4 months, others provide for a maximum of 6 months.

In your case, you should try to get 6 months and this should then see the debt paid off before the new council tax year (April 2017).

Getting a sensible payment arrangement set up is very much strengthened by the enforcement agent realising that the car that he has seized is almost worthless.

Thanks Bailiff Advice for getting back to us, the Council originally granted us a repayment plan over 12 months as B & S were only granting us 6 months, would they take this into consideration and grant us the remaining of the 12 months.....also do I need to go through an income and expenditure with them....

Thanks Bailiff Advise

 

Appreciate your advice, another quick question, how long/months would they be willing to spread the repayment plan?

Thanks Bailiff Advice for getting back to us, the Council originally granted us a repayment plan over 12 months as B & S were only granting us 6 months, would they take this into consideration and grant us the remaining of the 12 months.....also do I need to go through an income and expenditure with them....

As I said in my earlier post, getting a sensible payment arrangement in place is dependant on a number of things. Firstly, Bristow & Sutor will be guided by the terms of their contract. Secondly, if there are insufficient 'non exempt' items available to seize, then your chances of getting your previous payment arrangement resumed is strengthened.

It is important that you inform him that the seized vehicle.....has seized !!!

He may want to go through an Income & Expenditure although this will be unusual.

There is very little the EA can do if you have nothing of value to be seized. I remain a little concerned about you overstretching yourself given recent events and the suspended possession order on your house. It really is critical you agree only what you can afford comfortably with B&S, don't feel pressured by them into agreeing more than this (they will try).

Your I&E, along with proof of the SPO, would back up what you were telling them, so hopefully there won't be a problem. If you don't already have an I&E completed, it would be worth completing one (National Debtline have a comprehensive one which can be printed off). They may not want to see it, but if they do, it's better to be prepared.