bristow & sutor refusing to discuss instalment plan

[ubergrrrl]

morning all-am new in here and im a bit stressed so can someone help.

 

I have a liability order for non payment of council tax from 2007,its for £606. It has been sent to bristow and sutor for them to collect.

 

I have emailed them asking to set up a payment plan of some kind to pay this off,but they are not interested and want me to "await the attendance of our bailiff to discuss the matter further" this will obviously accrue more debt for me when they do visit.

 

i have asked the council to recall the debt so that i may pay them off in installments,and am yet to get a reply from them (only emailed this morning)

 

i am desperate to stop the bailiffs coming to my door,and i think i have done everything i can to stop them. are they refusing to discuss a payment plan until they have visited so they can add extra to my debt? I cannot afford to pay off the whole £606 in one go or i would.

 

Im a low income family,2 kids,living on tax credits and disability living allowance but we are not on JSA if that makes any difference to if you are allowed to pay by installments,we are currently in reciept of full council tax and housing benefits.

 

what can i do if the council refuse to recall the debt so i can pay them as they have not been very helpful so far, I received a letter dated 19th nov on 23rd nov notifying me of there intent to send debt to baillifs for collecting unless i paid in full within 14 days-emailed them straight way asking for an installment payent plan to halt action and any more debt being added on,they got back to me on the 5th dec (recieved 7th dec) saying it had already been passed to baliffs for action!

 

im at my wits end with this,and want this sorted out ASAP

 

many thanks in advance-jennie

[citizenB]

Im a low income family,2 kids,living on tax credits and disability living allowance but we are not on JSA if that makes any difference to if you are allowed to pay by installments,we are currently in reciept of full council tax and housing benefits.

 

 

Perhaps point out to the Council that you are a "vulnerable" family.. see if that will help

 

I will flag your thread for the site team.

[BankFodder]

Begin a complaint to the Local Authority Ombudsman. Do everything in writing and start now.

[brassnecked]

You mention DLA, so someone in the family has a long term health issue, this person would therefore most likely fall into the vulnerable category, and if one person is vulnerable then the whole household is vulnerable, and bailiff action is inappropriate according to the National Association of Enforcement Agencies 2002 guideline to which most councils and bailiff companies have signed up to :

 

Vulnerable situations

 

• 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 potential cause for concern. If necessary, the enforcement agent will advise the creditor iffurther 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.
  
• Enforcement agents must withdraw from domestic premises if the only person present is, or appears to be, under the age of 18; they can ask when the debtor will be home - if appropriate.
  
• Enforcement agents must withdraw without making enquiries if the only persons present are children who appear to be under the age of 12.
  
• Wherever possible, enforcement agents should have arrangements in place for rapidly accessing translation services when these are needed, and provide on request information in large print or in Braille for debtors with impaired sight.
  
• Those who might be potentially vulnerable include:
  
  • 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
    

   

I would email followed in writing to the council giving details of the vulnerable situation with proofs like letters from DWP, and any healthcare professionals involved.

 

You don't have to deal with the bailiff and if you can deny them a levy, and NOT LET THEM IN TO YOUR HOUSE, the most they can add ids a total of £42.50 for a first and second visit fee. When he turns up try to film him even with a mobile phone. he cannot force entry bring locksmiths etc. Hopefully if your situation is vulnerable the council will recall the accouit from B&S

 

Others will no doubt be along soon to help

[ubergrrrl]

many thanks citizenb-yes i did include this info in my email this morning to the council,i hope it helps.

 

i tried to tell bristow and sutor,but only have 250 characters to play with when you email them with the stupid eform,the dont seem to have a direct email address!

[padja]

Right I'm sure they want to send a bailiff out (no bailiff no fee) However as you are on DLA I believe you are classed as vulnerable and the council have to take the debt back (others know more about this aspect) however if the bailiff turns up he has no rights of entry so dont let them in keep all downstairs curtains shut & windows (bailiffs can legally enter through open window) move any vehicles away from property (couple of streets away if possible) and keep back gates looked and any garden furniture out of sight. Talk to bailiff through letter box or if you have a chain on door through that and RECORD it either using video camera or mobile phone. DONT post it on youtube just keep it as a record. Things bailiff may say are:

 

We are coming back with a locksmith to get entry (no they arent they have no powers to do so)

We will get you put in prison for refusing to let us in (no powers to do so)

If we can just come in to get an agreement with you (only want to get in to get a levy on goods NEVER let Bailiff in)

We have a van in area I'm calling them now to get your goods removed (with no levy they cant and most certainly there is no van in area)

We can charge whatever we like and when we come back it will be more money (The fees are £24:00 for first visit £18:50 for second visit and thats it *unless a valid levy is made which is they dont get in they wont have one*)

 

 

In the mean time pay amount you afford to council direct using either online banking or the councils automated payment system. make regular payments and always on same day (say 15th of every month). I'm sure others will advise about vulnerable status this is the way to get debt back to council.

 

Hope that helps a little dont worry about bailiff coming round now we are all here to help you if he comes when you are on here get someone to type and record.

[ubergrrrl]

thankyou brassed neck,

 

Yes my partner has aspergers syndrome and cannot handle any strangers coming to the house unexpectedly,this is also why im so desperate to stop the visit (other than the added fees obviously!)

 

whats worrying me is the fact my partner is self employed (not in profit) and therefore we are not recieving JSA and was wondering if we still classed as vunerable due to this.

[seanamarts]

Call your local councillor, you can find them on your councils website.

Explain the situation and you must ensure you tell them that your OH is classed disabled.

I would also agree with Bankfodder in making a complaint now to the CEO stating that the bailiff company is refusing to set up a payment plan. If a bailiff comes out refuse to open the door to speak with him. He will of course threaten you with the police and locksmith, try and record him if he does turn up. They cannot get a lock smith or call the police.

I would however start paying the council as much as you can afford using their online payment facility, make sure you put in the account number of the year that is owed. once you have done that, I would then email the councils benefit and revenue department and explain that this is what you have done and will keep doing so every week/month until it is paid off. They cannot refuse payment.

[ploddertom]

To claim "vulnerability" under the National Standards for Enforcement Agents you will need to provide some documentary proof of this. Both Bailiffs & Councils receive many claims like this but until such proof can be provided then enforcement may continue.

 

PT

[dx100uk]

and dont forget

if you can pay in installment

pay the council direct by internet banking or their automated phone line

 

they CANNOT refuse it that way.

 

never ever pay a bailiff

 

 

dx

[Conniff]

Have you had a reply to your email to B&S yet ubergrrrl ?

[ubergrrrl]

just had the bailiffs round,i didnt answer the door,luckly they knocked quietly as i got baby asleep upstairs!

 

they left a letter saying they are prepared to allow me to pay in instalments of £60.85 by 14th dec and them £57 per WEEK

 

 

there is no way on earth i can afford that-can i refuse? what do i do now?

[Conniff]

But have you had a reply to your email ??

[ubergrrrl]

the only reply i got from my email to b+s was that i had to wait for the home visit.

 

so i did and have been charged £24.50 for the privalidge. They were not willing to discuss any plan until they had charged me for the home visit

[Conniff]

many thanks citizenb-yes i did include this info in my email this morning to the council,i hope it helps.

 

i tried to tell bristow and sutor,but only have 250 characters to play with when you email them with the stupid eform,the dont seem to have a direct email address!

 

the only reply i got from my email to b+s was that i had to wait for the home visit.

 

so i did and have been charged £24.50 for the privalidge. They were not willing to discuss any plan until they had charged me for the home visit

 

I ws keen to know if you had a reply because now you will have a proper email address and can put it up here for anyone else that might need it

[ubergrrrl]

Ah no sorry they dont reply with a "real" email address it comes from mail bristowsutor.co.uk with they say in small print doesnt accept incoming mail and they dont answer mails sent to that email

[impecunious]

As this debt is for outstanding council tax from 2007, it is no longer a priority debt as such and is now classified as "priority arrrears". So B&S can go swivel!!!!

 

I was in a similar situation but owing £1,200 for council tax from 6 yrs ago. (I was refused council tax benefit whilst I was unable to work through illness and on Income Support for 8 months but the council refused to apply CTB retrospectively - unknown to me because I had moved - my application for CTB had been incomplete.)

 

i refused to co-operate further with the bailiffs (Rossies) after their threat level had escalated to ridiculous heights and instead told the council how much I could afford to pay them after taking into consideration my priority household expenses and debts, then my priority debts and then my credit debt. (I worked out what I could afford with the National Debtline I&E form - I believe CAG has a good one as well) I would only correspond by e-mail to the Head of Revenues and I told him I would pay £12.50/month. I considered that to be a realistic and sustainable amount. It was accepted even though it will take 8 years to repay.

 

As suggested above, advise the council of your "vulnerable" status and dig your heels in! The council will eventually take back your debt and you can then repay them what is realistic and sustainable for you. Stress to them that it is in their benefit to help you by allowing you to repay at an amount you can afford - without defaulting - whilst still paying your current council liablility if you have one.

 

At the time I negotiated my repayment to the council, I was employed on a full-time basis and had no dependent children and was not considered vulnerable, so if I could do it, you can too!! If you're in receipt of the "appropriate" benefits, they will only deduct a small amount each week/month and then you will be fine.

 

Best of Luck and don't lose heart!

 

 

Impecunious!

[ubergrrrl]

thanks Impecunious! i have gone from scared to downright angry with them now!

 

i know we owe the money,i do want to pay it to clear it off,its the only debt we have, to be honest it was being paid directly from our JSA when we were on it earlier in this year of a rate of £3 something a week,this was going through the council not the bailiffs,however when we stopped getting JSA when OH went self employed the payment/debt got overlooked on our behalf-prob due to the fact we were not physically paying it ourselves if you know what i mean it wsa coming direct out of our benefit at the time.

 

I just need to get the council to get the debt back,which seems to be very hard to do at the moment,i am only able to contact them by email,and they wont respond by email for security reasons so they will take a week+ to get back to me. After the bailiffs visit this morning i have emailed two different council departments and my local coucillor as well in the hope it lands on the correct persons desk!

 

im not having anything more to do with the baillifs if i can help it-£230 per month pay back!! Pfft they can.... well you can guess what they can do!!

 

just downloading that form now-will fill it in and send to council for good measure!! they might get sick of my emails and deal with me!

[Conniff]

If you frustrate the bailiff long enough ie don't talk to them at all, they will just hand it back to the council as the fees they can charge are limited so not worth their time and effort keeop making visits that have no effect and get them nothing.

 

Pay direct to the council and pretend the bailiff just doesn't exist.

[impecunious]

You definitely have to be very single-minded, tenacious and patient! If you pay the council online - small regular amounts and make sure you do it on the same day every week - you then very quickly build up a record of payment - all goes in your favour.

Make sure that the payment reference number refers to your old debt not to your current liabilty.

 

Definitely ignore the bailiffs - they can go jump! I'm afraid you will have to adopt a "seige" mentality - no leaving anything outside your property for the to levy on, no answering the door or allowing the kids to open the door to anyone! It's nothing to be ashamed of - needs must!

 

Bailiffs only get paid for two visits but can obviously visit you as often as they like -- but it won't benefit them! They will eventually give up and return the account to the Council - Nullo Bono! Don't be tempted to invite them in for tea and home-made scones - they're not worth it and don't ever be tempted to speak to them.

 

If they do come to the door, put on your favourite CD -- turn up the volume - dance with the kids and ignore the "funny man" at the door!! Don't let the kids see that you're frightened or angry! It's a game!

 

Stay strong!

 

 

Impecunious!

[impecunious]

thanks Impecunious! i have gone from scared to downright angry with them now!

 

ijust downloading that form now-will fill it in and send to council for good measure!! they might get sick of my emails and deal with me!

 

I suggest you use the form for your own benefit - don't send it to the council unless they insist on seeing it. Just work out what you can realistically afford - taking into account the ups and downs of hubby being self-employed - then make them an offer to pay.

 

If they don't like it, reduce it by a fiver a month!! You're obviously a "can't pay" not a "won't pay" so they would be daft to take you to court. If hubby is self-employed they won't be able to make an Attachment to Earnings Order -- so they don't have too many options available to them.

 

It's time for afternoon tea isn't it??

 

 

Impecunious!

[shazzzey]

Whatever you do jennie do NOT let the bailiffs in, i did tuesday theyve now made a note of goods to collect if i default and this visit has cost me £208 ive already paid £117 to them. Im trying to get the council to take my penalty charge back now too. Mine is with Bristow and Sutor too. Dont let them intimidate you and call the national debt line they are very good.

 

Good Luck Shazzzey

[ploddertom]

Whatever you do jennie do NOT let the bailiffs in, i did tuesday theyve now made a note of goods to collect if i default and this visit has cost me £208 ive already paid £117 to them. Im trying to get the council to take my penalty charge back now too. Mine is with Bristow and Sutor too. Dont let them intimidate you and call the national debt line they are very good.

 

Good Luck Shazzzey

 

If you list your own maybe someone can help

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=168

 

PT

[ubergrrrl]

right-i have paid my 1st installment today direct to the council via there online payment thing,I have emailed them to let them know why i have paid and that i plan on paying a weekly amount that i can afford.

 

do i have to tell bristow and sutor what i have done? or do i just ignore them completly and wait for them to send it back to the council? roughly how long does it take for them to get fed up and send it back to the council?

[ubergrrrl]

have also emailed the details to the ceo of the council,i hope they dont refuse to take back the debt because they are sick of reading my emails-i feel like ive emailed everyone about this now!