Bristow & Sutor Council Tax Arrears

[rbeamish]

Hello i admit i have never been too knowledgable with these sort of things. we were unable to pay our council take for 5 months due to lack of finances, and we recently received a visit from a Baliff from bristow and sutor, we apparently owed 1200

 

i rang him as soon as i got home from work and i left a voicemail for him saying i could pay him 100 pound per month for 12 months and this was an absolute limit of what we could afford, he rang back after an hour and said he looked into my file and he said the most he could do was pay it over 6 months aslong as he had a payment with in 4 weeks this was way more than i could accomodate for so said we couldnt, he said we should contact his office to try and get it stretched across a longer time span and we ended the call.

 

i imediately emailed the recoveries section of the council and i requested a direct debit form to start making payments to clear off the debt and i await there reply.

 

now i apologise if i seem stupid in what i have done but it is really effecting me mentally, i could really do with any advice anyone could give me shall i keep pursuing the council to get the payments set up or arrange the payment plan with the bailiffs?

 

if someone could come to me straight away it would be greatly appreciated.

 

Ryan

[seanamarts]

First off it is pointless trying to make arrangements with a bailiff, all he is interested in is getting his cut of the money, what he will no doubt come back and say is that he will agree to a repayment if he can come and levy on your goods, which will incur further charges.

Ignore the bailiff and he will eventually go away, just dont let them in and hide any vehicles that belong to you or your partner. Set up payment on your councils online payment facility they cannot refuse if you pay online. Email/write to your council that this is what you are doing and what you propose to pay.

[rbeamish]

so if i set up a direct debit to pay the council will the bailiffs be told by the council and stop turning up?

[seanamarts]

so if i set up a direct debit to pay the council will the bailiffs be told by the council and stop turning up?

Not necessarily, you will have to note them to let them know. They may reject your DD its best to pay on line

[rbeamish]

thanks for your help with this, i recevied an email from the recovery's dept of nuneaton and bedworth borough council as i emailed me them asking for a dd for and she just told me to contact the bailiffs am i ok to still pay online to the council and inform both parties of doing so? sorry im just really not used to these things and its proper stressing me and my mum out.

[seanamarts]

Pay the council online.. send notice to bailiff and council that this is what you are prepared to do as the bailiff is refusing your payments due to the fact that you cannot afford the demanded amount set out by the bailiff.. What ever yo do from now on do not let the bailiff into your home.. hide your cars and anything else out side of your home that the bailiff can make a levy on.. The bailiff will try all sorts to get you to pay them but as long as you are paying this debt off at an amount you can afford then you will not be prosecuted for non payment.

[kadie71]

I have a debt for council tax with bristow & sutor for my old property. when i rang their office they said I had to pay loads a month & could only do it over 6 months, so I rang the council told them my situation and said if they wanted the debt clear they would have to tell B&S I could only pay £50. I filled out one of those budget forms & sent it to them. in the meantime I paid a payment directly to B&S through their online service. I then set up a direct debit. be warned though if you ring them do withold your number & only give them the basic info, they asked me for ni number everything under the sun!

[rbeamish]

i paid the council online using there online payment service on the 12th and sent an email the morning after to both the council and bristow and suitor saying that the amount they were asking for was way too much than we could afford so i said i would pay the council now and then pay them the beginning of the month each month to clear the bill off and i asked for all future correspondance to be done through the post.

 

i received a letter in the post from bristow and suitor saying the amount i was offering in my email was unacceptable and asked me to pay like 185 quid when me and my mum could barely afford 100. they asked the first payment to be made on the 22nd of sept which is like 10 days after the payment we made to the council and it was a struggle trying to pay that as it was it says that if i fail to make one of these payments then the full amount will be due and that further action will be taken which could include sieuzure of goods or a report being passed to the council who "may make an application to the magistrates courts in accordance with the regulations for your committal to prision"

 

could they do this is we are paying the council the money?

 

any advice would be greatly appreciated as if im honest im terrified.

 

thanks Ryan

[hallowitch]

they can only seize your goods if you let them

 

the council wont/cant make an application to the court for committal to prison as long as you keep paying the council

Commitment to prison

 

47.—(1) Where a billing authority has sought to levy an amount by distress under regulation 45, the debtor is an individual who has attained the age of 18 years, and the person making the distress reports to the authority that he was unable (for whatever reason) to find any or sufficient goods of the debtor on which to levy the amount, the authority may apply to a magistrates' court for the issue of a warrant committing the debtor to prison.

(2) On such application being made the court shall (in the debtor’s presence) inquire as to his means and inquire whether the failure to pay which has led to the application is due to his wilful refusal or culpable neglect.

(3) If (and only if) the court is of the opinion that his failure is due to his wilful refusal or culpable neglect it may if it thinks fit—

(a)issue a warrant of commitment against the debtor, or

(b)fix a term of imprisonment and postpone the issue of the warrant until such time and on such conditions (if any) as the court thinks just

[rbeamish]

so shall i just send an email to both the council and bristow and suitor saying that i cannot afford the amount they are wanting and that i will continue to pay the council the amount i can afford?

 

sorry if i appear stupid at times i just dont know anything to do with this.

 

Ryan

[ploddertom]

The Bailiff will try to threaten/bully/cajole you into doing what he wants. There is no law that says you have to speak to or pay a Bailiff. As long as you maintain a siege like mentality and deny him access to your home, if you have a car move it well away and clear any effects you may have lying loose outside there will be nothing much he can do. He will insist on formulating any payment plan by coming into your home - refuse to do this. If he calls he doesn't need the loo, call his granny, take ills or any other multitude of things. He cannot imprison you, break in if you are not in, have you arrested. He is full of hot air.

 

If you have already had a visit then yes you have incurred a fee of £24-50 for a 1st Visit, if he comes again then it is an extra £18-00 for a 2nd Visit. After this no matter how many times he comes he cannot charge you any more, providing he has not gained access to your home or otherwise made a levy/seized goods.

 

As long as you continue paying the Council online a regular payment on a regular basis there is not much more that can be done. Have you checked with the Council to see how the Liability Order was for and how much is still outstanding - don't believe the figures the Bailiff gives you. You will need to budget for the figure the Council gives you + the Visit Fees described above and it would be best to try and pay this off before the end of this financial year. However do no commit more than you can afford. If in difficulty contact your local Councillor who can help approach the Council on your behalf.

 

Ignore the Bailiff and he will eventually give you up as a lost cause and go elsewhere.

 

PT

[ploddertom]

so shall i just send an email to both the council and bristow and suitor saying that i cannot afford the amount they are wanting and that i will continue to pay the council the amount i can afford?

 

sorry if i appear stupid at times i just dont know anything to do with this.

 

Ryan

 

As a courtesy only let the Council know what you are doing, ignore the Bailiff.

 

PT

[hallowitch]

so shall i just send an email to both the council and bristow and suitor saying that i cannot afford the amount they are wanting and that i will continue to pay the council the amount i can afford?

 

sorry if i appear stupid at times i just don't know anything to do with this.

 

Ryan

 

 

your not stupid most people don't know how to deal with this myself included before i joined CAG

 

the fact is you cant afford to pay any more than you have offered there is no point in entering into a payment agreement you cant afford

 

send your council and B&S an e-mail saying that unfortunately because of your financial situation you cant agree to payment plan with B&S that is beyond your means

you understand that council tax is a priority debt and until the situation is resolved you will continue to pay the council at a rate of £xxx per Month

do everything in writing do not speak to them on the phone

 

ask the council in your e-mail for the date of the liability order and the date it was passed over to B&S

 

try not to worry to much as long as you are making regular payments to the council and you don't let the bailiff levy on your goods you will be OK the debt will eventually be returned to the council this can take 3 months or more so be vigilant and don't answer the door to anyone you don't know

 

I would also find out who your MP is and ask for there help

 

PS if the council say they will get in touch with B&S to accept you £xxx per month insist on payments by standing order B&S charge a fee for manual payments and there is more chance of defaulting when payments are made manually every month and one missed or late payment will put you back in same position as you are in now but with demands for outstanding balance in full

[kadie71]

I think you should ring the council and ask them for a budget form so they can see how much you can afford each month & ask them to pass this info onto the bailiff. I had to pay bristow & sutor as thats what the council asked me to do but they instructed the bailiff to how much i could afford. any payments you make in the interim will come off the balance. It seems to me that bristow & sutor have to collect the debt over a 6 month period and wont extend this hence the high amounts you are being asked to pay. my council tax bill was for approx £800 altogether - I wanted to pay at £50 per month and made sure my budget form only allowed for this much spare, this was accepted by the council & they contacted the bailiffs. I would ignore the bailiff for the time being & push the council to accept a lower payment as its they that have the power to instruct the bailiffs.The council should get in touch with them about the payment you have made recently- just remeber the letters they send out are templates & generic sent out according to the timescales they have in place - they can be scary but please dont be - you can solve this - i did. My only wish is that councils in general would take lower payments in the first place then they wouldnt have to involve bailiffs & add more fees to what you already can't afford!

[rbeamish]

im going to email the council tonight asking them for one of those budget forms so i can prove to them that the 100 pounds i will be paying each month is the maximum i can afford, ill also ask for this liability order date, amount and when it was passed to the bailiffs. i think the bailiffs are the most disgusting people known to mankind they pray on the weak and make people feel **** so they pay them. all i want to do now is give my sincerest thanks to all of you that have helped me with this its nice to know im not going through this on my own and that some people are really helpful.

 

Many thanks again and i will keep people informed of how i get on with them

 

Ryan

[rbeamish]

i sent an email to both bristow and the council i reitterated that i couldnt pay the amount they asked for and said i would continue to pay the council monthly. i asked the bailiff and the council for all the info im my previous message,

 

within an hour i received an email from bristow and stuor saying that they wanted a payment of 191 by tomorrow which we cant afford and said that if it wasnt paid further action will be taken

 

what further action could theytake against me?

 

also shall i bother replying to bristow and sutor or shall i just wait for the budget form and info from the council?

 

i found out from the internet who my local mp is so i will email him tomorrow morning asking for some assistance on getting it sorted with the council instead of the bailiffs.

[ploddertom]

i sent an email to both bristow and the council i reitterated that i couldnt pay the amount they asked for and said i would continue to pay the council monthly. i asked the bailiff and the council for all the info im my previous message,

 

within an hour i received an email from bristow and stuor saying that they wanted a payment of 191 by tomorrow which we cant afford and said that if it wasnt paid further action will be taken

 

As long as you have not previously let him into your home, not a lot. Don't answer the door, speak to him through the letter box or from an upstairs window. He will tell you he will have you arrested, imprisoned, have any children taken into care, force entry by calling the police & a locksmith - he can do none of this. He can however stamp his feet, get cross, shout abuse, throw his toys out of the pram.

 

what further action could theytake against me?

 

also shall i bother replying to bristow and sutor - not worth the hassle - or shall i just wait for the budget form and info from the council? The Council will tell you to deal with the bailiff.

 

i found out from the internet who my local mp is so i will email him tomorrow morning asking for some assistance on getting it sorted with the council instead of the bailiffs. In my opinion you will be better off with your local Councillor.

 

PT

[rbeamish]

just when i thought things were looking up another soccer punch, i have been paying them at the beginning of every month a 100 quid which is the maximum i can afford atm and this has been the case for the past 3 months, we then recevied a letter stating final warning saying, i attended today to arrange for our good to be seized and removed to a public auction for sale, and saying do not ignore this request for payment if we do and our good are taken then we could be charged 250 pounds, and then goes on to say this can still be avoided and by ringing them to pay the remaining amount, i spose my questions are can they obtain a court order to enter my home without my permission? am i ok to just continue paying them off the amount i am direct to the council each month? some assistance would be greatly appreciated in this matter.

[hallowitch]

no they cant get a court order to enter your home and remove goods unless they have previously been in your home to levy goods

 

did the letter actually say our goods

[ploddertom]

If you've been paying the Council then someone has had his nose put out of joint and has decided to try and pressurise you. Just keep doing as you have and ignore them, as they have never been in your home or otherwise levied on any goods outside there is not a lot they can do - except whistle dixie. It sounds as if they are nearly ready to hand it back to the Council.

 

PT

[ploddertom]

Hi HW

 

Your inbox is full

 

PT

[rbeamish]

ill admit i was an idiot, there was a sorn car in my back garden that we were trying to scrap but never got round to do so that wasnt registered in my name. as the car was in my back garden and me and my mum were at work they took a levy on the car, and i was greeted by this letter when i got home from work, its got some charges on it about the levy fee, now me and my mum have decided to loan the money from my grand parents so we can pay them off and then pay off my grand parents without worry of some twats hassling us, as the car isnt in my name or my mums does the lvey fee and any relevant charges stand when paying them off? we are paying them off in the morning so any assistance would be appreciated as soon as possilble.

 

Ryan

[ploddertom]

Ok, assumption time - from what you have said previously you were going to £100 per month for 12 months = £1200, you say you've now paid £300 which leaves a balance of £900 - give or take. They have now been and levied on a scrap vehicle possibly worth less than £50 at auction and they have charged you fees for this. If the car is taken for removal then the price raised at auction has to cover:

 

1 - the Bailiff fees

2 - all removal & storage costs

3 - all auction costs

4 - the Auctioneers fees

5 - a proportion of the debt

 

Simply put the Bailiff has made a levy on worthless goods in order to gain a financial advantage for himself and his Company. You must write to them ASAP pointing this out and ask them to remove the levy fee and ALL other associated charges. Here's an example of what to write:

 

"From:

My Name

My Address

 

To:

Acme Bailiff Co

Bailiff House

 

Ref: Account No: 123456

 

Dear Sir

 

With reference to the above account. I note your Bailiff has made a Levy on a Ford Dipstick, Reg No: Z999 CAR. However I wish you to note that the value of this car if taken for sale at auction would raise at most £2-50. As you doubtless know any goods seized for sale at auction must cover the bailiff costs, removal costs, all auction costs and a proprtion of the debt I owe.

 

The above being confirmed by the Judgement of Throssell v Leeds City Council where the judge states:

as for your car how old is it? I.E. would the sale of it actually cover a large percentage of the bill anyway?

a vehicle should only be removed if the proceeds of sale provide that there would be a surplus available to the liability order after deductions for the bailiff fees, , removal storages and auctioneers fees.

 

As this clearly does not cover all these costs I put it to you that your Bailiff has a Levy that makes a financial gain for both him/herself and your Company. This is contrary to the

 

I require this information within 14 days.

 

Yours faithfully

 

Ripped off customer"

 

You should also write and ask for a Breakdown of their charges to date. Send them something similar to this:

 

"From:

My Name

My Address

 

To:

Acme Bailiff Co

Bailiff House

 

Ref: Account No: 123456

 

Dear Sir

 

With reference to the above account, Can you please provide me with a breakdown of the charges.

 

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at.

e - the date of the Certification.

 

This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

 

I require this information within 14 days.

 

Yours faithfully

 

Ripped off customer"

 

Use and adapt these letters as required and send both by email and post using Royal Mail Signed For.

 

In the meantime ignore the Bailiff and keep paying as you are now doing. This levy is an attempt to frighten you into paying - don't fall for it.

 

PT

[fireman04]

Hi, can someone please advise me, ( sorry not sure how to do a new post) I have had bailiff at my door this morning..i did not answer but they did leave a notice of intended seizure of goods and it says they can sill take goods even if i am not in.is this right??? I am a single mum with 4yr old, i am not prepared to open the door and be intimidated..what should i do?

 

please help

 

fireman 04