bristow & sutor

[Guest]

Hi
I have been sent letters by Bristow and Sutor. Unfortunately, the council had my old address and had sent the letters to my old address. and so I never got to know of the debts (council tax). B&S have now inflated my debt by several £100s.* Accept that I didnt update the council when I moved homes - but nevertheless I didnt hear from B&S.. I realised only after I got an email. What are my rights? am happy to pay the debt, but not sure about the inflated charges charged by B&S*

[lgfa92]

The council only have to issue to the last known address and B&S only have to attend that address.

The fees charged by B&S aren't inflated, they are the statutory fees of £75 and £235. They cannot charge anything other than this fee rate for the stages undertaken.

[luxardo]

So how do you know of the debt ? Simply through B&S sending you a demand for payment ? If so then contact the council and tell them you did not receive the council tax demand as it was sent to your old address.
Ask them to send it to your new address and you can then pay it and the council will suspend the warrant. Or make a payment over the phone when you call. If they refuse and say it is now in the hands of the bailiffs you will have to apply to have the warrant set aside.
If you know your old account number and the exact amount owed you can simply pay it off anyway online.
Now*the bailiff has no powers as they can only seize goods for money owed, not for their fees.

[lgfa92]

Providing action has been taken against the last known address then there's no requirement to, or reason for, suspending the enforcement agents action. They would have been acting correctly.

There is no warrant to set aside, warrants aren't needed in council tax cases. The council's power to instruct the agents come directly from holding the liability order and the statutory power to instruct the agent under that order.

Paying only the council tax directly will not work if the council process it correctly. The payment will be split between the charge ahd the fees, this is to prevent one part being paid and not the other.

If the payment was simply applied only to the council tax charge then the enforcement agents can take County Court action to recover the fees if they so wish.

[luxardo]

Providing action has been taken against the last known address then there's no requirement to, or reason for, suspending the enforcement agents action. They would have been acting correctly.

There is no warrant to set aside, warrants aren't needed in council tax cases. The council's power to instruct the agents come directly from holding the liability order and the statutory power to instruct the agent under that order.

Paying only the council tax directly will not work if the council process it correctly. The payment will be split between the charge ahd the fees, this is to prevent one part being paid and not the other.

If the payment was simply applied only to the council tax charge then the enforcement agents can take County Court action to recover the fees if they so wish.

I used the term "warrant" loosely, ok liability order then.
However I disagree that enforcement action cannot be suspended. Of course it can be suspended, anything can be suspended. How can you be expected to pay a bill you have no knowledge of ?

You claim any payment would be split ? How ? 50/50 ? 60/40 ? What is the protocol ? What are the rules ? What is the policy ?
I disagree again, if the council accepted payment then it would simply go towards the council tax bill, nothing else.
The council would never pay enforcement agents directly. In fact it would be illegal.
A council cannot use council tax to pay enforcement agents. The agents get paid by the debtor paying their fees. If the council paid their fees, as you suggest, and the agent does not recover them how does that money get back in the public purse ? Do you have any evidence of council's paying enforcement fees out of council tax ?

I agree that the agents*could take CC action over their fees though.
*