Bristow & Sutor - Cheshire East Council - Complaint Stage 1, ignored!

[Bmwboy]

Hi all, hope you can help me out.

 

I am being chased from B&S for council tax for 3 property's

(during myself and partners we where moved out due to landlords either selling property's

or finding it troublesome, antisocial behaviour or violence,

however we are now with the local housing trust as we have a child.

 

 

Now during those 3 years we have occurred some council tax,

some was billed for the entire year,

some only for the months we where there.

 

Even before B&S started chasing me,

I went to the council and explained the situation,

they told me to pay what i could across all the council taxes,

so they gave me a bar code

 

 

for the last few months would chip away at the debt,

however the process of bailiffs was automatic and eventually the debt would be passed back to the council.

 

 

They also told me they would apply for an earnings attachment

where they would take a % directly out of my wages to cover council tax

and back dated payments, and that has happend and has done for 4 months

and it will continue until its paid off?

 

Today b&s have visited with an enforcement notice....

 

Now I dont want to talk to b&s, infact i want to send some form of letter first calsss recorded

giving them no right to access my property

and also that the debt is being dealt with the council

and their services are not required,

 

 

from the research ive done their people have no power,

and the only people with any say are high court enforcement offices?

 

any help with letters or templates would be great!

[dx100uk]

not sure where you are getting you info from.

sounds like these rather bogus freeman of the land type sites.

 

 

your best bet is to contact the council concerned ASAP

 

 

ask them if and how many Liability Orders they have against you

and if any debts have been farmed out to the bailiffs.

 

 

but yes they do have powers and if you don't get things moving

along with the £75 enforcement fee you'll get in 7days time

they'll be back and charge you £235 for a enforcement visit.

[Peterbard]

Yes indeed DX is quite correct, you need to find out how many liability orders have been issued and when, and how they are being enforced.

I am afraid there is no letter which will keep them away, so the advice is to keep them out by ensuring doors are shut and locked,

[Bailiff Advice]

 

for the last few months would chip away at the debt, however the process of bailiffs was automatic and eventually the debt would be passed back to the council.

 

 

They also told me they would apply for an earnings attachment where they would take a % directly out of my wages to cover council tax and back dated payments, and that has happend and has done for 4 months and it will continue until its paid off?

 

Today b&s have visited with an enforcement notice....Now I dont want to talk to b&s, infact i want to send some form of letter first calsss recorded giving them no right to access my property and also that the debt is being dealt with the council and their services are not required,

 

If it very difficult to provide adequate advice without knowing a bit more background. For instance:

 

How much are the Liability Orders for?

 

The council can have a maximum of two Attachment of Earnings Orders in place at the same time. Do you have any idea why the council did not apply a second attachment of earnings?

 

Do either you or your partner own a vehicle?

[Bmwboy]

I have a car cost less than £800 which I use for work, I don't want them to take it.

 

I will go to the council tomorrow morning, I have a small child and partner that are at home I don't want them harrasing them, as far as I was concerned they take allot of money me, with the direct earnings attachment.

 

Hope anyone can advise what I should ask the council to do.

 

Thanks in advance

[Peterbard]

We really need answers to the questions above before any coherent advice can be given, so by all means speak to the authority and get this info.

[dx100uk]

You need to speak to someone at the Council and ask the following questions:

1 - how many Liability Orders they have against you

2 - the dates they were obtained

3 - the addresses they were for

4 - the period of time each covers

5 - how much each one was for

6 - how much is still outstanding

7 - the dates they were passed on for enforcement

[Bailiff Advice]

I have a car cost less than £800 which I use for work, I don't want them to take it.

 

I will go to the council tomorrow morning, I have a small child and partner that are at home I don't want them harrasing them, as far as I was concerned they take allot of money me, with the direct earnings attachment.

 

Hope anyone can advise what I should ask the council to do.

 

It may be a good idea to ask the council to make a second Attachment of Earnings Order but whether or not this is to be advised, depends entirely on what your net income is (take home salary). The amount of deductions is wholly dependent on your net salary and not on the amount of the Liability Order.

 

Another deciding factor to consider with attachments of earnings is that if you do any overtime in one particular month or are rewarded a bonus by your employer this can significantly affect the amount of deduction.

[Bmwboy]

I only work part and my partner does not work due to the baby. My average monthly take home is £800.

 

We get housing benefit, working tax credits and child benefit. The direct earnings attachment ment is 20% of my take-home.

 

I have ajusted our family budget because of this 20% deduction and it's now impossible to pay any more, but they pass this on to these bailiffs

[Bailiff Advice]

I only work part and my partner does not work due to the baby. My average monthly take home is £800.

 

We get housing benefit, working tax credits and child benefit. The direct earnings attachment ment is 20% of my take-home.

 

I have ajusted our family budget because of this 20% deduction and it's now impossible to pay any more, but they pass this on to these bailiffs

 

If your employer is deducting 20% in respect of the Attachment of Earnings order then something is not quite right.

 

The amount of deduction should be 7% of your take home salary. If one order is set up, I have calculated that the amount deducted should be £56 per month.

 

If two orders are set up, the deductions would be £56.00 pm for the first Liability Order and £52.08 pm for the 2nd one.

 

Can you check the deductions that are currently being made and post back tomorrow.

[Bmwboy]

Yes I'll speak to.the concil tomorrow morning and post back. thanks so far!!

[Bmwboy]

Hi all,

 

Went to the council today and they started off unhelpful but i think a manager overheard and did lots of work for me to try resolve it.

 

They have asked me to get an email into the complaints department. which outlines my concerns and why they should take ownership of the debt, this will also freeze any further action at this stage.

 

I have

 

4 Liability orders

Total of £1429.

 

The direct earnings attachment has brought one liability order down from £997 to £331 and soon should be clear.

 

Thanks all for your time.

[Peterbard]

Very good, i woud keep your car parked out of the way until it is resolved though.

[dx100uk]

check you are getting all the benefits you should too.

[Bmwboy]

Hi all,

 

Sorry if this is the wrong section as I am in complaint stage with the council however its about Bristow And Sutor!

 

Last month I made a post regarding Cheshire county council sending Bristow and Sutor to the door, for non payment of previous council tax from some years ago and the direct earnings attachment they have on me. The basic post from last month was:

 

1. Low Income household (2 adults 1 child aged 2, 1 adult working part time)
   Direct earnings attachment of £110 per month on £700 a month wage#
   3 liability orders in my name and some in partners
   Demanding we also pay current council tax
   For months before the earnings attachment I was clearing the debt with small amounts each week.
   Balifs at the door
   

 

I took the advice of forum members visited the council offices and put together a complaint which was:

 

I would like to make a formal complaint of the way Cheshire East Council have handled my council tax arrears and the choice of enforcement visits to my property and balifs with letters of intentions to size and control my goods/property. I did come into the Cheshire East Council offices last year to discuss my financial situation and was paying "token amounts to clear the 3 liability orders you have on myself and partner

 

I currently have a partner and a small child. I am the sole income provider for work and i work part time with a net income of £700 and we are in receipt of housing benefit and working tax credit. I currently have a direct earnings attachment form Cheshire East Council to pay back outstanding balances which is a large deduction on such small earnings. I was told that the direct earnings attachment would continue until all debt was cleared but only one earnings attachment could be done at any time. There was no discussion of my other debts being passed onto enforcement stage.

 

With Cheshire East Council knowing my income, surely it would be outlandish to try and recover further debt, knowing my financial situation. Recently we have enforcement visits from Bristow and Sutor who come across are very threatening and often will try to push the front door, or unbolt the back gate and come into the garden. I often can see them looking for my car, in order to remove it. I feel threatened and intermediated when they shout through the letter box, when we have no legal obligation to speak with them.

 

After speaking with Citizens advice, I would like to ask Cheshire East council to stop proceedings with Bristow and Sutor and let the earnings attachment pay of the reaming debts. Financially we are in no position to pay any more and the nature of how Bristow and Sutor frightens my partner and children.

 

I look forward to a reply.

Kind Regards

 

Laster that week I also get another letter from Cheshire east stating they would apply another direct earnings attachment, in which I sent another complaint.

 

 

I would like to make a formal complaint regarding two attachment of earnings orders been served regarding your account numbers

 

70164313

 

70812390

 

My complaint proceeds on why Cheshire East Council would serve two direct of earnings when you currently already have a current direct earnings attachment in place. I recently visited Cheshire East Council to discuss my situation as a low income household. Before the direct earnings attachment I was paying money off the debts i owe for past council tax and slowly paying off this debt.

 

In the last few months Cheshire County Council applied 1 direct earnings attachment as well as the department for work and pensions, this results in over £111 PCM of a total of £700 PCM earnings, further earnings attachments would force me into having to leave work and sign on.

 

 

I request an appointment with a senior member of Cheshire East Council to discuss my circumstances.

2 weeks later I get the reply from the head of complaints.

 

When we where in private accommodation we where moved around sometimes every 4 months due to landlords selling or having a baby, but yet we have been billed for 1 year at a time for some places we had been in only for months. This is not an excuse I just want someone to understand the reasons why.

 

refer to your emails dated 1 March 2016 and 13 March 2016, regarding Council Tax, which have been logged as a stage one complaint in the Council’s complaints procedure.

 

 

I would advise that you have currently have arrears on the following accounts:

 

71160748 mr and miss 2015/16 £572.78 plus Bristow & Sutors fees of £75.00

 

HOUSE 2

 

71047255 mr and miss 2014/15 £288.96

 

2015/16 £256.22 plus Bristow & Sutors fees of £75.00

 

70812390 MR AND MISS 2014/15 £371.91 Attachment of Earnings Order

 

HOUSE 1

 

70533029 Mr .... 2013/14 £210.00 Plus Bristow & Sutors fees of £300.00

 

FLAT 3

 

66573981 Mr.... 2011/12 £98.24

 

FLAT3 2011/12 £204.67

 

2011/12 £170.14 Plus Bristow & Sutors fees of £310.00

 

70164313 MR.... 2011/12 £295.89 Attachment of Earnings Order

 

Flat 2, - NOT SURE WHY THIS IS INCLUDED, I STAYED WITH A FREIND AND IM LEFT THE BILL, FIRST IM HEARING OF THIS

 

I have reviewed your accounts and would advise as following:

 

Whilst you did contact us last year and make token payments towards your Council Tax, you were advised that recovery action could not be ceased in the absence of definite payment arrangements.

 

An Attachment of Earnings Order was initially made on 70812390 on 23 September 2015. I cannot see in our records that you were advised that the Attachment of Earnings Order would continue until all your arrears were cleared and at the time this Order was served, you already had arrears in the possession of Bristow & Sutor. The Council can also serve two attachments at a time

 

Due to the level of your arrears and the absence of payment arrangements, I consider that we were correct in using Enforcement Agents. I note your comments concerning Bristow & Sutor and asked them to answer these. Please find attached a copy of their response.

 

As Bristow & Sutor state, they are entitled to endeavour to make peaceable entry in to your property but I also note that you are refusing them access and their action so far, has not yielded payment

 

With regard to the two Attachments of Earnings Orders served on 7 March 2016, I have to advise that on 15 February 2016, we were advised by employer1 that they were unable to make any further deductions,

 

 

in respect of the Attachment of Earnings Order made on 23 September 2015 for account 70812390,

as you had transferred to employer2. We therefore served two orders on employer2.

 

 

As you had already submitted your complaint, we should have only re-served the Attachment of Earnings Order

on account 70812390 and not served a new one on account 70164313.

I have now sent a letter to employer2 advising them to discharge the Order on account 70164313.

 

Bristow & Sutor have been instructed to hold action and I note that you wish to make an appointment with Cheshire East Council to discuss your circumstances and if you contact myself on the telephone number shown below, within the next 28 days, such an appointment can be arranged.

 

If you disagree with the outcome of this investigation and wish the complaint to be considered for escalation within our complaints process, please contact our Customer

 

Relations Team within 28 days of the date of this letter. This can be done either in writing or by email using the following contact details:

 

If anyone could guide me as what to do, as I'm not disputing that I I need to pay and I always have, I just don't have the Income to pay more or I would. I want Cheshire East Council to understand my circumstances and take ownership of the facts of what I can and can't afford to pay.

 

Thanks for anyones time in advance.

[dx100uk]

threads merged.

 

 

dx

[Bmwboy]

thanks for this, would anyone also know could i take the council to court?

[Bailiff Advice]

Hi all,

 

If anyone could guide me as what to do, as I'm not disputing that I I need to pay and I always have, I just don't have the Income to pay more or I would. I want Cheshire East Council to understand my circumstances and take ownership of the facts of what I can and can't afford to pay.

 

Thanks for anyones time in advance.

 

There is a lot of detail in the various correspondence to consider so I will post back later on today.

[Bmwboy]

There is a lot of detail in the various correspondence to consider so I will post back later on today.

 

Thanks in advance for the help.

[Bmwboy]

Hi all just a quick update.

 

 

I have managed to speak to someone in the council and have been told that someone who is "high up" will "try" speak to me Monday.

 

I am going to try summarize why and what information i have that proves the council could be held liable for or what circumstances they have ignored. I want to put across i want to continue to pay the debt and could the council re-take back the debt.

 

Thanks all again for all the help.

[Bailiff Advice]

I am being perfectly honest here when I say that I am very confused by the entire situation.

 

In my post number 10 above I said the following:

 

If your employer is deducting 20% in respect of the Attachment of Earnings order then something is not quite right.

 

The amount of deduction should be 7% of your take home salary. If one order is set up, I have calculated that the amount deducted should be £56 per month.

 

If two orders are set up, the deductions would be £56.00 pm for the first Liability Order and £52.08 pm for the 2nd one.

 

Can you check the deductions that are currently being made and post back tomorrow.

 

You responded to my post and stated that only one attachment of earnings was in place and yet, from reading the response from the council it appears that there may well have been two attachments after all. I think that I am correct in this given the comment from the council that they have advised your employer to discontinue the 2nd attachment. As I say, there is a lot of confusion and hopefully this may be resolved when the council call you on Monday.

[Bmwboy]

As you had already submitted your complaint, we should have only re-served the Attachment of Earnings Order

on account 70812390 and not served a new one on account 70164313.

I have now sent a letter to employer2 advising them to discharge the Order on account 70164313.

 

Thanks for the reply.

 

From looking at a previous pay slip. The council have 1 attachment of earnings then HMRC have one for anow old crisis loan. As I now have two can two could the council at a third?

 

From this statement

 

As you had already submitted your complaint, we should have only re-served the Attachment of Earnings Order

on account 70812390 and not served a new one on account 70164313.

I have now sent a letter to employer2 advising them to discharge the Order on account 70164313.

 

Sounds like they only have 1, they could not continue from my last employer as it was taken over by another company .

 

Can't stand how non transparent my council is.