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

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

    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.


    i 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 employer 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 Blue Square Marketing. We therefore served two orders on employer. 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 Blue Square Marketing 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 allways 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.
    Tags: None

  • #2
    Re: Bristow & Sutor - Ceshire East Council - Complaint Stage 1, ignored!

    Looking at the final response it would appear that they are happy to arrange a meeting to discuss your circumstances - sounds like you should take up this opportunity as you state that you are not disputing the amount that is owed.

    Comment


    • #3
      Re: Bristow & Sutor - Ceshire East Council - Complaint Stage 1, ignored!

      Originally posted by Mattbuster View Post
      Looking at the final response it would appear that they are happy to arrange a meeting to discuss your circumstances - sounds like you should take up this opportunity as you state that you are not disputing the amount that is owed.
      Thanks for the reply!

      Would it not seem that they are happy to continue to use bailiff action, but are happy to talk about my circumstances ?

      I feel like they at this stage are not wanting to back down?

      Comment


      • #4
        Re: Bristow & Sutor - Ceshire East Council - Complaint Stage 1, ignored!

        Originally posted by tippytoppy View Post
        Thanks for the reply!

        Would it not seem that they are happy to continue to use bailiff action, but are happy to talk about my circumstances ?

        I feel like they at this stage are not wanting to back down?
        The law is that the Council can only pursue the debt using debt collectors if the debtor is likely to be able to pay the debt off.

        Comment


        • #5
          Re: Bristow & Sutor - Ceshire East Council - Complaint Stage 1, ignored!

          As they have a direct earnings attachment, and i work part time i thought they would know this and understand this.

          We re literally to the penny living, however we do have a old car, a tv but these really would affect the kids, going to school etc....

          Is there no law or anything i can mention to add pressure to this case worker on my account.

          Comment


          • #6
            Re: Bristow & Sutor - Ceshire East Council - Complaint Stage 1, ignored!

            How many Liability Orders were passed to B&S?? While they are legally allowed to charge the £75 compliance fee for each of them, make sure you're only charged for ONE enforcement visit in total (£235)
            Debt is like any other trap, easy enough to get into, but hard enough to get out of.

            It doesn't matter where your journey begins, so long as you begin it...

            recte agens confido

            ~~~~~

            Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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            But please include a link to your thread so I know who you are.

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            Comment


            • #7
              Re: Bristow & Sutor - Ceshire East Council - Complaint Stage 1, ignored!

              The fact that they have placed the bailiffs on hold in order to discuss your circumstances - as per your request – I would assume they are willing to discuss the options available which may mean no further bailiff action if you can come to a payment plan that both sides are happy with.

              I would take the opportunity to discuss this matter face to face as you would be no worse off – the only certainty is that if you ignore it more bailiff action will ensue

              Comment


              • #8
                Re: Bristow & Sutor - Ceshire East Council - Complaint Stage 1, ignored!

                I believe they have passed 4 liability orders to Bristow and Sutor.

                Thanks

                Comment


                • #9
                  Re: Bristow & Sutor - Ceshire East Council - Complaint Stage 1, ignored!

                  Hi

                  Request that your paperwork, accounts and checked by the 151 officer ( head of finance ) ( by email ) and request his formal response on the matter ( everyone will try get iun the way of this but its only the 151 officer ( head of finance ) that holds any legal or MORAL responsibility to consider your circumstances )

                  Side note, Ask for a copy of all paperwork from all accounts over that period and get all dates involved ( you may be surprised at dates of changes/adjustment in relation to when they pass it to a bailiff )

                  secondly, write and income/outgoings sheet, make an offer of the minimum you can afford ( be honest )

                  And ask the 151 officer to consider the appropriateness of any charges, and request to suspend all bailiffs actions for 14 days whilst you receive a response. maybe ask what his wages are.

                  They will say no, mess you about, but mostly will back down if the income expenditure sheet shows charges/actions are not justifiable
                  crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

                  Comment


                  • #10
                    Re: Bristow & Sutor - Ceshire East Council - Complaint Stage 1, ignored!

                    Thanks for this,

                    I will arrange an appointment first and again explain my situation and ingoings/outgoings. If this gets me no where i will then continue to do the above, my only conern is while they have the direct earnings attachment this should be enough, i pay twice my current monthly council tax rate with the earnings attachment and this alone i thought would be enough with proof of expenditure?

                    thanks all for replys!

                    Comment

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