Bristow & Sutor - please help quickly!

[pinkkibby]

Hi
I'm hoping someone can give me some advice rather quickly. I've got myself in a sticky situation with regards to my council tax. I owed a certain amount on an old property anyway and now have an amount outstanding on my new property. I'm fully aware that it's all my fault but due to circumstances out of my control (family illness leading to lack of earnings amongst other things), I've not paid everything and I guess I've been ignoring the issue whilst trying to make payments on this years council tax bill.

We've received 2 notices through the door from Bristow & Sutor regarding the outstanding amount which now total £1,215.79. I sent them a letter by fax the other day which I found on the consumer action group website and which said the following;

"I understand XXXXXXX Council has appointed you to recover my Council Tax Liability arrears for 2009/2010 which you have stated are £1238.79 including your fees.

Firstly I would like to make you aware that I am fully aware of my rights and you will not gain entry to my home under any circumstances to levy goods and I know the fees allowed under statute and when these fees can be applied.

Due to my circumstances I am unable to pay this in one payment. I advocate a payment schedule of 24 months with 23 months payments at £50.00 and the balance of £88.79 to be paid on the 24th month to cover the principle. I understand this may seem a long time but this is a realistic offer that is affordable to me and will allow me to pay future bills issued for Council Tax without them falling into arrears. A greater amount would cause me real and actual hardship.

I am able to pay the above amount on the 1st of each month. Please advise how you would like future payments made. My personal preference is payment by Standing Order.

It should be noted that I am not at any point refusing to pay this debt but only asking for a fair payment period considering my circumstances. And if you are unable to accept my offer I will place the money aside each month until such a time the council take the account back into their management, when I will make payment of the set aside money to the council.

Please also send an itemised statement of account that clearly shows what charges have been added and what for, you are required in statute to supply this information and I look forward to this within 14 days.

I am sending the council a copy of this letter and requesting that it be filled with my account for further reference.

I hope the above meets your approval and I look forward to your timely reply by letter."

I was hoping that would do the trick but I got home today to discover that a notice of seizure of goods was put through our door in respect of our car that was parked on our drive and giving us 5 days to pay. I can't scan the documents at the moment but they are exactly the same the following which someone else had posted -

Hi
I'm hoping someone can give me some advice rather quickly. I've got myself in a sticky situation with regards to my council tax. I owed a certain amount on an old property anyway and now have an amount outstanding on my new property. I'm fully aware that it's all my fault but due to circumstances out of my control (family illness leading to lack of earnings amongst other things), I've not paid everything and I guess I've been ignoring the issue whilst trying to make payments on this years council tax bill.

We've received 2 notices through the door from Bristow & Sutor regarding the outstanding amount which now total £1,215.79. I sent them a letter by fax the other day which I found on here and which said the following;

"I understand Cheltenham Council has appointed you to recover my Council Tax Liability arrears for 2009/2010 which you have stated are £1238.79 including your fees.

Firstly I would like to make you aware that I am fully aware of my rights and you will not gain entry to my home under any circumstances to levy goods and I know the fees allowed under statute and when these fees can be applied.

Due to my circumstances I am unable to pay this in one payment. I advocate a payment schedule of 24 months with 23 months payments at £50.00 and the balance of £88.79 to be paid on the 24th month to cover the principle. I understand this may seem a long time but this is a realistic offer that is affordable to me and will allow me to pay future bills issued for Council Tax without them falling into arrears. A greater amount would cause me real and actual hardship.

I am able to pay the above amount on the 1st of each month. Please advise how you would like future payments made. My personal preference is payment by Standing Order.

It should be noted that I am not at any point refusing to pay this debt but only asking for a fair payment period considering my circumstances. And if you are unable to accept my offer I will place the money aside each month until such a time the council take the account back into their management, when I will make payment of the set aside money to the council.

Please also send an itemised statement of account that clearly shows what charges have been added and what for, you are required in statute to supply this information and I look forward to this within 14 days.

I am sending the council a copy of this letter and requesting that it be filled with my account for further reference.

I hope the above meets your approval and I look forward to your timely reply by letter."

I was hoping that would do the trick but I got home today to discover that a notice of seizure of goods was put through our door in respect of our car that was parked on our drive and giving us 5 days to pay. I've attached the associated documents - they aren't my actual ones as I can't scan them at the moment but they are ones someone else has posted which are exactly the same as ours.



I need to know if this is a scare mongering technique. We've not signed anything to acknowledge the seizure of goods so how do they know the car is ours? Can they actually clamp it or take it? Also the car is registered in my husband's name but only part of the debt is in both of our names. About £450 is in my name only and about £800 is in joint names. Surely they couldn't take the car as it's worth more than the debt anyway?

Also I saw a list of things that were excluded from what they could seize which included a car if it is used for employment purposes..we both use it for commuting so presumably it would fall under this category?

I'm not sure what to do next..there's no way we can pay it. I might be able to juggle things and make some sort of payment at the end of the month but this will make me go into arrears with other things and cause more problems. We've made an offer of payment which they've just ignored so it doesn't seem to have done any good.

Please help me! Thank you in advance

[Amy]

Re: Bristow & Sutor - please help quickly!

You need to contact your local council urgently and explain all of this to them. You should also move your car and park it elsewhere for the time being.

You do not have to pay the bailiff at all, instead you can and should, pay the council direct. Have a read here Bailiff Guide - Legal Beagles Consumer Forum for further information.

[WendyB]

Re: Bristow & Sutor - please help quickly!

and also be aware that the council have access to Bristow and Sutor's computer system so can see exactly what charges have been levied, what visits have allegedly been made etc. They can also instruct Bristow and Sutor what instalments to accept should it come to that. Although the council say they can't get the debt back, they actually can, but if you get nowhere with that and end up paying B&S make sure that you get an agreement instalment in writing from the council and copy it to B & S. And if you do have to pay Bristow and Sutor do it by standing order so they don't charge you extra for paying by debit card.

[exbailiff]

Re: Bristow & Sutor - please help quickly!

Again they have levied on the car to provoke a response! As they have left the car in your possession then they should have got a walking possession agreement signed by you. As they haven't and they have not actually taken the car at the time of so-called 'seizure' then it is deemed in law that the bailiff has abadoned his levy.

You say that you have offered payments over 24 months, they are likely to refuse this, as generally their contracts with councils state that the maximum agreement is 3 months, and 6 for those on benefits, etc. However, the council CAN authorise extensions on this period, but they would be unlikely to agree to 2 years, especially as the debt (or part of it) is in joint names. I assume that you are working? If you/your other half are in receipt of benefits then the council may be more flexible.

You need to speak to the Revenues manager at your local council, as it is ultimately his/her decision as to whether or not to accept your extended proposals...plead the sob story, say that you are thinking about going bankrupt....unless they can agree a realistic repayment plan....state that you really want to pay your debts, but can't see a way forward, blah blah blah....you'll be surprised how far this can get you.

I know people that have stated this to council revenue manager's on the day before a court hearing for non-payment and they have reached agreements and the council have withdrew legal action. It is often just a case of speaking to the right person.

Don't let the bailiffs in though!

[pinkkibby]

Re: Bristow & Sutor - please help quickly!

Good news! I contacted the council & explained the situation & it was actually sorted out very easily..shame they weren't so helpful previously as if they had been, it never wouldve reached this stage. I spoke to a different person this time do maybe it's a case of someone being more helpful than the other.they've agreed to me paying the balance on the old property next week..I managed to free up some money from my mortgage payments to be able to do this. Then the balance for my current property is to be paid over the next 9 months. They've put the bailiff action on hold but said it would recommence if I don't keep with the payment plan, no chance of that happening if I can help it, I've learned my lesson and don't want the bailiffs at my door again. This has taught mr to deal with things and not just hope they'll go away!

Thanks for your help!

[Amy]

Re: Bristow & Sutor - please help quickly!

Excellent, well done xx