Bristow & Sutor - ask for a debt which has been already paid in full

[Andy_1122]

Hi,

I have a problem with Bristow & Sutor.

I had some financial problems and I didn't pay my council tax bill on time.
It looks like the council forwarded my account to Bristow & Sutor.

Now my financial situation is better and I paid my council tax bill (the debt) in full about 2 months ago. Direct to the council (using www payment).
So now I don't have any debt with council.

Today, the bailiff came to my home (I wasn't at home) and he left me a letter.
The letter says it's for a council tax debt.
They want me to pay £310 (this includes Enforcement Stage Fees of £235). I think £75 is for the first stage. Total £310. That's just their fees.

Can they charge me £235 for today's visit if the debt has been paid in full 2 months ago?

Thanks for your help.

[Bazooka Boo]

Hi.

 

I'd be ringing the local authority NOW and asking them exactly what is going on!

 

Tell them to call their bull boys off, you do have evidence of paying them don't you?

 

P.S. You don't have any other CT debts with another LA do you?

Edited April 16, 2021 by Bazooka Boo

[dx100uk]

When was the liability order attained please?

what date did you get the notice of enforcement from busted and stupid?

what date did you pay?

[Andy_1122]

Yes, I have an evidence of paying the council. I paid by debit card.

I don't have any other council tax debts. Reference numbers match.

 

Liability order date: 12/01/2021

I didn't get any notice of enforcement from busted and stupid. Today I have received the first letter from them.

Debt paid in full: 24/02/2021

 

[dx100uk]

the bailiff Co. must send a notice of enforcement first else they can't charge anything.

so whats this letter you have please?

read upload

scan to PDF 

 

[Bailiff Advice]

55 minutes ago, Andy_1122 said:

 

Liability order date: 12/01/2021

 

I didn't get any notice of enforcement from busted and stupid. Today I have received the first letter from them.

Debt paid in full: 24/02/2021

 

As a Liability Order had been obtained on 12th January, it would be usual for the local authority to pass the debt to their chosen Enforcement  within a few days and if so, you should have received a Notice of Enforcement a few days after they had received instructions (probably around the end of January).

 

You need to call the council and ask them the following information:

What date was the account passed to B&S?

What address would notices have been sent ?

If they have the information.....what date did B&S send the Notice of Enforcement to you.

 

Edited April 16, 2021 by Bailiff Advice

[Andy_1122]

I will ring council now If they are still open. If not - on Monday.

 

Today's letter attached.

The letter doesn't say what goods they want to take but I have a car trailer outside my house.

I think they want to take the car trailer.

It's not my trailer. Friend just store it on my drive. He has a receipt for the trailer in his name.

I understand that bailiff can't take the trailer if it's not mine. I am right?

 

And the main question...

Can they charge me £235 for today's visit if the debt doesn't exist any more?

 

 

 

bristow.pdf

[dx100uk]

without already sending a valid NOE to your address stuff and all mr Busted and stupid can do,  nor charge any fees.

get that call made.

 

[Andy_1122]

Just spoke to the council.

They confirmed the debt has been paid.

They said B&S just want to recover their fees from me.

They said that if I haven't received any letter from B&S I must ring B&S.

 

How can I prove I haven't received any letter from them?

 

I just checked all the letters from last months.

I found the Notice of Enforcement.

I'm not sure how this could happen. Maybe my partner opened it and forgot. I don't know.

 

I have received the Notice of Enforcement.

Do I have to pay all their fees (£310) now?

[dx100uk]

sadly i believe so but just let bailiff advice 100% confirm.

 

 

[Andy_1122]

OK, Thank you

[Peterbard]

If the bailiff has received the LO, they can charge the Compliance fee £75. If they are to continue, they have to send a NOA.

Are you sure you have not received correspondence from them?

if not you owe £75 if you have its £310

[Bailiff Advice]

 

At least you are being honest. Once the account is received from the council, a Notice of Enforcement will be sent and this will include a statutory 'Compliance fee' of £75. 

 

The NoE will state upon it the date (and time) by which you must either: pay the amount stated on the NoE in full, or alternatively; set up a payment arrangement. If payment is not made by this date, then the account is passed to an enforcement agent. A further 'reminder' letter is not sent. At the time of the personal visit (which in your case; was on 16th April), a statutory enforcement fee of £235 is added to the debt. 

 

As you had paid the council direct, that payment is merely a part payment and enforcement may indeed continue for the balance (of £310).

 

PS: This identical situation had been subject to a rather messy legal action which I had written about quite extensively on this forum at the time. The debtor lost the case and it was clearly established that payment direct to the council AFTER a Notice of Enforcement had been issued is merely a part payment given that, from any payment made the Compliance Fee must be deducted first etc, etc. To avoid this situation happening, almost all councils receiving direct payments will forward the payment to the enforcement company.