Bristow Sutor Council Tax & PCN

[FlibbertyGibbet]

Hello,

 

I am in need of desperate help!

 

When I returned home yesterday, I had a letter in my postbox from Bristow Sutor from one of the enforcement agents. From what I can see, I have had a PCN and an outstanding council tax bill from my previous home.

 

The letter is notification that my goods now belong to the agent, and I'm not allowed to remove anything etc etc etc.

 

One of the highlighted parts is that I will be liable for any fees for getting a locksmith to basically come and break into my house.

 

Herein lies the problem.

 

I live in a fully furnished rental property, which is classed as part of the large house at the top of the land. There are 4 properties with the same address. I have never spoken to the enforcement agent (aside from last night when I text him asking for more information, after which he continued to call me, despite me asking for a reply text or email), so I'm not actually sure how he knows which of the buildings is the one I live in.

 

As the place is fully furnished, I own nothing of any value, the TVs in the place do not belong to me, all kitchenware belongs to the landlord, as do the washing machine & drier.

 

I own a car (valued at £175 by my insurer, which I need for work as I live in the middle of nowhere, 9 miles from my place of work).

 

I am actually moving at the end of this week. This has been arranged since well before I got this letter.

 

I definitely don't have enough money to pay the debts in full (totalling over £800).

 

I suffer from chronic clinical depression (diagnosed over 12 years ago) as well as acute anxiety, so clearly, I can do without this, on top of moving house and a whole load of other family related stuff I'm dealing with at the moment.

 

I have logged into the BS website (which is how I got the information that it's for 2 seperate things), and there is no payment plan option available anyway.

 

Please someone help! I'm so scared!

[unclebulgaria67]

They cannot force entry for either a PCN or Council Tax. It has to be peaceful entry via an unlocked or open door. They can only force entry using a locksmith for criminal fines.

 

Keep the car away from the house or in a locked garage, so it cannot be held to ransom. Keep doors locked and do not open any door if they visit.

 

In your situation suffering from illhealth you might be best advised to seek local help from any mental health services you may be seeing or from Citizens Advice or other local charity advice service. They can contact the council and Bristow Sutor on your behalf. If the council are made aware of your health situation, you should be classed as vulnerable and the council will deal with you directly. The council tax and PCN can be deducted from either benefits or your wages over a period of time.

[Bailiff Advice]

Hello,

 

When I returned home yesterday, I had a letter in my postbox from Bristow Sutor from one of the enforcement agents. From what I can see, I have had a PCN and an outstanding council tax bill from my previous home. The letter is notification that my goods now belong to the agent, and I'm not allowed to remove anything etc etc etc.

 

One of the highlighted parts is that I will be liable for any fees for getting a locksmith to basically come and break into my house.

 

I live in a fully furnished rental property, which is classed as part of the large house at the top of the land. There are 4 properties with the same address. I have never spoken to the enforcement agent (aside from last night when I text him asking for more information, after which he continued to call me, despite me asking for a reply text or email), so I'm not actually sure how he knows which of the buildings is the one I live in.

 

As the place is fully furnished, I own nothing of any value, the TVs in the place do not belong to me, all kitchenware belongs to the landlord, as do the washing machine & drier.

 

I own a car (valued at £175 by my insurer, which I need for work as I live in the middle of nowhere, 9 miles from my place of work).

 

I suffer from chronic clinical depression (diagnosed over 12 years ago) as well as acute anxiety, so clearly, I can do without this, on top of moving house and a whole load of other family related stuff I'm dealing with at the moment.

 

As Unclebulgaria has correctly pointed out, both these debts are civil ones and accordingly, there is no right to force entry. B & S are sadly making a 'threat' that they shouldn't.

 

Next, B & S are correct in that goods belonging to you become 'bound' and cannot be disposed of. Once again though, this does not apply to you given that the majority of items that you have the use of belong to the Landlord.

 

Unfortunately, it is likely that you will not be classed for bailiff enforcement purposes as 'vulnerable'. This is because despite your clinical depression you are nonetheless able to work.

 

The regulations do make clear that the enforcement company should minimise enforcement fees by enforcing all debts that are on their records (in your case, council tax debt and parking debt). The enforcement fee should be capped at £235. Please check that this is the case.

 

Have you checked to see why you had not received any notices from the council in relation to the parking debt. You should have received a Notice of Enforcement, a Charge Certificate and an Order for Recovery? Have you changed your address on your V5c to that of your current address?

 

Given that there is no right to force entry and that you are extremely anxious about the bailiff visit, it would be wise to send a simple TEXT message to the bailiff to advise that you had not received any prior communication either from B & S or the council and that you will be writing to the company under separate and that in the letter you will be providing a copy of the lease from the landlord confirming that all items in the property are included in the lease, and that you will also provide some evidence regarding the fact that you suffer from chronic clinical depression. Mention too that you will include a payment proposal in your letter.

[FlibbertyGibbet]

Thank you for replying!

 

My main worry is the fact they are threatening to get someone round to break the locks. But if they're not legally allowed, then that's less of a worry.

 

I contacted B&S about the council tax either at the end of last year, or the beginning of this to offer £10 per week, but they said it wasn't enough, and instead wanted something like £30.

 

I've sent the agent another text asking if I should contact the office, and again he's tried to call (I'm not planning on talking to anyone over the phone!), but I've also emailed the office and copied in the council, who I intend to contact separately about the matter.

 

I've been in my current place for over a year now, so I should have had something regarding the parking fine from the council, but all I've had was an email from B&S.

 

I'm not disputing any of this, I want to sort it out, but it's scary having people threatening you Part of the reason I refuse to speak on the phone with them is because I know I'll be cajoled into saying I can pay more than I can afford. And obviously I want a record of everything!

[Bailiff Advice]

Thank you for replying!

 

My main worry is the fact they are threatening to get someone round to break the locks. But if they're not legally allowed, then that's less of a worry.

 

I contacted B&S about the council tax either at the end of last year, or the beginning of this to offer £10 per week, but they said it wasn't enough, and instead wanted something like £30.

 

I've sent the agent another text asking if I should contact the office, and again he's tried to call (I'm not planning on talking to anyone over the phone!), but I've also emailed the office and copied in the council, who I intend to contact separately about the matter.

 

I've been in my current place for over a year now, so I should have had something regarding the parking fine from the council, but all I've had was an email from B&S.

 

I'm not disputing any of this, I want to sort it out, but it's scary having people threatening you Part of the reason I refuse to speak on the phone with them is because I know I'll be cajoled into saying I can pay more than I can afford. And obviously I want a record of everything!

 

Please check your V5c to see whether it has your correct address. If not, then you could file and Out of Time witness statement with the Traffic Enforcement Centre. All enforcement will then cease for approx 6 weeks whilst your application is being considered. You should speak with the council to ascertain when the parking contravention occurred and the address where all notices had been sent. You will also need to ask for the penalty charge number (this will start with two digits followed by eight numbers).

[FlibbertyGibbet]

The V5c had the correct address on it as I changed it when I changed my driving license.

[Bailiff Advice]

The V5c had the correct address on it as I changed it when I changed my driving license.

 

Then you need to speak with the council to ascertain the date of the contravention and confirmation as to what address all statutory notices had been sent to.