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B&S/Council Tax (advice and reasurrance required)

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  • B&S/Council Tax (advice and reasurrance required)

    Hello all.

    I (like many) have an outstanding debt for Council Tax. It relates to the year 2009/2010 and is for £1049.83p. Last summer, whilst still living in the address that the debt relates to, the debt was passed over to Bristow & Sutor. A succession of letters came through my door, each using a higher degree of threat regarding seizure of goods and several times adding various charges up to £180.
    I never once spoke directly to any of the bailiffs or allowed them onto the premices (I was nearly always out and stopped opening the door to unexpected callers upon recieving the first of these letters). The amount owed to B&S (according to their Bailiff delivered letters) steadilly rose to £1499.00. Last autumn I left the property having not had any direct contact with B&S.
    A couple of months later they caught up with me at my new address. Upon recieving the first letter from them I contacted the council directly to explain that I aknowledge the debt but was not at that point currently in a financial position to make a payment commitment and was seeking advice through the CCCS and CAB. They were actually rather pleasant and allowed my a 2 month period where no further action would be pursued and that they would inform B&S of this. This did actually happen.
    I will admit that I was lax in this period and buried my head in the sand rather than using it to my advantage and obtaining advocacy/help.
    A couple of days ago I started getting voicemail messages from a B&S registered Bailiff (I checked him out via the online tool) and another of their letters through my door. Oddly (without having previously spoken to them directly or having mentioned it to the council) the amount stated as outstanding had dropped back down to the original £1049.83 but they had also once again added an extra £180 (listed as "the initial charge for todays visit") making the outstanding debt £1229.83
    Due to a recent change in circumstance I am now able to face and pay off the debt, although can only realistically pay it off in installments over an extended period of 12 months (10 if the amount returns to the original debt of £1049.83). Now here's the bit that I need help with the most. Yesterday I (now I understand) foolishly decided to call the bailiff back (after he'd left another voicemail) to explain to him that it was my intention to go to the council today with an offer of payment under the terms that I can afford (I work part time and £100 a month really is the upper limit that I can afford). The bailiff was pretty blunt about what he thought of that informing me that "I'm telling you now they will not take the debt back!" he then went on to tell me that the only way that I could stop the process of goods being seized would be to make a payment of half the outstanding debt (£664) that day and then he may be able to set up an installment plan for the rest over a period of 3/4 months.
    There's no way on earth that I can raise the cash for an initial payment that high (or anywhere close) so I essentially fobbed him off by saying that I would have to see if I could borrow funds. he said he'd give me until 6pm (it was 2pm at the time of this conversation) and would call back. When he called back I told him that I was still trying to see if I could raise the funds through family (I wouldn't be drawn into giving further details) but would also be contacting the council in the morning regardless to his assertion that it was beyond them being able to get involved ("It's gone too far" to paraphrase)
    He then (possibly because I wasn't crumbling and clamouring to give him my card details) said he'd give me a days grace and remove the £180 addtional charge should I be able to secure the funds for the initial payment of half the debt.
    So, obviously without having been to the council yet, I don't know if this guy was talking out of his rear end as regards to whether they would involve themselves in a reasonable repayment structure...I'll find that out in a few hours time. What I really need to know is, if the council do assert that the debt is now soley in the hands of B&S what rights do I have regarding expecting them to accept a reasonable request to pay the debt in full by affordable installments?
    Also, should I have to deal with the Bailiff direct? (by this I mean the man with a van and a penchant for potentially misleading 'advice' and an ad hock approach to repayment structure!) or is it reasonable to expect B&S to deal with me through their offices rather than this dubious fellow?
    Finally, are the £180 charges that they seem to randomly add and remove from the balance of the debt legal?

    Some words of advice would be greatly appreciated. Thank you.

    ps. apologies for typos or poor grammar, it's nearly 5am and I haven't slept.
    Tags: None

  • #2
    Re: B&S/Council Tax (advice and reasurrance required)

    Originally posted by mrwardee View Post
    So, obviously without having been to the council yet, I don't know if this guy was talking out of his rear end as regards to whether they would involve themselves in a reasonable repayment structure
    He is lying to you, it's that simple.

    Originally posted by mrwardee View Post
    What I really need to know is, if the council do assert that the debt is now soley in the hands of B&S what rights do I have regarding expecting them to accept a reasonable request to pay the debt in full by affordable installments?
    The bailiff will not give you affordable payments because he wants you to fail to make them. If you fail, he can take further action and of course, add on more fees. So whatever you arrange to repay, you need to make sure you can stick to it religiously.

    As for the rest of your post, have a read of our guide Bailiff Guide - Legal Beagles Consumer Forum and post back if anything needs clarifying.

    Comment


    • #3
      Re: B&S/Council Tax (advice and reasurrance required)

      Hi there,
      I had a similar situation with a different bailiff firm whio had added over £700 of charges. I emailed the head of Council Tax at my local authority but it took ages to get a reply. Eventually I telephoned and spoke to him and he agreed to take back the debt and remove most of the charges (I'm still fighting over the last £200). So now I am making monthly installments of the current years concil tax plus part of the debt direct to the council with no extra bailiffs charges.
      Good luck.

      Comment


      • #4
        Re: B&S/Council Tax (advice and reasurrance required)

        "I'm just phoning to let you know that I have arranged a repayment plan with B&S through the mediation of the Borough Council and that your involvement in this matter along with your lies will no longer be required or appreciated"... This was one of the most rewarding things I've ever gotten to say to anyone over the phone. The bailiff on the other end (who had been trying to chase me up all day) didn't sound too happy though

        So. Thank you so, so much to both Amy and Charlie888 for your responses. I can't tell you just how much I appreciate them as they gave me the confidence and impetus to at least get on the right track to sorting this all out.
        I could use one last piece of advice though in relation to the baiff fees. I found out today that the amount that i actually owe the Council is infact £700 the remaining £300+ are Bristow and Sutor related fees. The member of council tax staff who mediated with B&S for me and helped set up the repayment plan (under my terms) explained to me that she could do nothing regarding the removal of these fees and that I would have to take the matter up with B&S directly (which I intend to!!).
        I know that if i contact B&S unprepared that they will just fob me off and tell me that the additional charges are all legal and that I am liable. From what I have read on this forum it seems that this is not the case. Am I correct in thinking this? Do I have a right to persue the reduction of fees to those outlined under Schedual 5 of The Council Tax Administrations And Enforcement Regulations '92? (The charge of £42.50p). If so is there a protocol to achieving this that would be more potentially successful than others? Once again, thank you for any advice. It really is appreciated.

        Comment


        • #5
          Re: B&S/Council Tax (advice and reasurrance required)

          What "work" has the bailiff actually carried out? Has he only visited you, but not gained peaceful entry? If yes, the maximum he can charge you is £42.50.

          Have you requested a breakdown of fees, you can find a link to Subject Access Request letter in the bailiff guide link I posted earlier.

          Comment


          • #6
            Re: B&S/Council Tax (advice and reasurrance required)

            And also email B&S complaints department, that usually gets a result too.
            Is no longer here

            Comment


            • #7
              Re: B&S/Council Tax (advice and reasurrance required)

              Thank you both. Yep, the bailiffs have never gained entry (peaceful or otherwise) to either of the properties that I've lived in throughout this experience, only unsuccessfully visited and posted the standard threat letters. Now that the repayment scheme is set up I shall indeed use the SAR form to access a breakdown of these charges (thanks again Amy) and then contest them through the B&S complaints dept (Thanks Wendy). I just wanted to make sure I had my rhetoric and assumptions correct and wasn't barking up the wrong tree.
              Does the amount of £42.50 relate to each individual bailiff used throughout the chasing of the debt or is it a flat charge regardless as to how many different Bailiffs B&S send out? (sorry if this seems a trivial question)
              As an aside, I was just wondering if it would in theory be persuable through small claims? (a'la the unfair bank charges case)

              Comment

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