Bristow & Suitor some advise please

[godders1810]

Hello I have been reading your threads for some days now and I just wondered if anyone could perhaps just advise if I am doing the right thing

I have a long running battle with B&S since my hubby left me 2008 I was unable to pay counciol tax, I wasnt in the bracket to claim any benifits the house was a large farm house where after single person allowance the council tax was still £1856 per year, I was self employed as a farmer but that was a regular income. It took me 2 years to get my single persons allowance after my husband left as apparently he had the right of return ???? thats how difficult it has been to deal with my council, I have now moved to a smaller home... anyway..... the debt from the previous property is £3800

I have had various arrangements with B&S over the years and have kept up payments £50/65 per week I have kept these payments up where possible, I have tried to keep in touch with the council and the baliffs and noyify them of any changes, I found the latest agreement of £260 per month difficult to maintain I was only earning £200 per week and I rent to pay, utillies ect I just couldnt cope any more and this resulted in me having a break down, I have been put on the sick by my doctor as of the beginning of Jan 13 which now mean i am in total reciept of benifits of £71.00 per week, I have a daughter so I also recieve tax credits and family allowance, I rang B&S and advised them I couldnt pay and what had happend, i did offer to make a token payment Of £115.00 when my benifits were sorted, as yet they havnt been, I went to the council and asked infact begged for him to understand showed him the benifit forms I had to no avail he was not interested, basically I am going to prison as far as he is concerned if the baliffs do not recover the debt, I have been to the CAB where they were very helpful and tried to talk to both B&S and the council even explaining I had £71 per week budget to pay bills from she started at £5.00 per week the council started at £126.00 per week and wouldnt listen to her either, B&S basically were the same, I am finding things tough at the moment and all I want to do is get back to work and pay what I owe but I am feeling worse by the day just sitting here awaiting B&S to come and bully and threaten me with all sorts

I have a car its worth about £700 i have business inbsurance on this car as I needed it to visit clients, but can they take this ?
I know not to let them in but this maybe wont stop them climbing my gates and fences ? should i go out to them?
I feel so threatend and scared I dont really want to go to prison nor do I want to feel scared in my own home

Does anyone have any suggestion or advise thank you

[pepsie]

Re: Bristow & Suitor some advise please

Personally I can't remember the last time anyone was sent to prison for non payment of Council Tax, I understand it is due to there being 'no room at the Inn'. You cannot be seen as a 'won't pay' which was the determining factor to a prison sentence, as you are offering to pay but being refused...the Council can apply for an attachment to benefits which in your case could be £3/£4 per week.

I would suggest you write to the Council and suggest they make the said attachment, alternatively you can pay an amount you can show to be affordable to you (make an an income and expenditure sheet) and pay this direct to the Council, divided equally between the referenced account numbers, Use their own online payment systems to make the payments and make sure you print off the receipts, as for the bailiffs just keep them out and make sure you tuck the car away to prevent a levy.

WD

[labman]

Re: Bristow & Suitor some advise please

Hello Godders,

Firstly you won't get sent to prison. As Pepsie said, that is for 'won't pays' not 'can't pays.'

Have the bailiffs actually ever levied on anything?
Do you have a breakdown of charges?
Do you know exactly what Liability Orders etc... they have against you?

Finally for the moment, is this your only debt, or do you have others?

If you could answer the above it would be really helpful. In the meantime, please try not to worry - I've been in a similar situation to yours myself and know exactly how stressful it is. At the end of the day, you are paying what you can, and they can't have what you haven't got - simple as!

[godders1810]

Re: Bristow & Suitor some advise please

Hello

Thank you both for your comments, in reply to labman


As far as I know there are two liabilty orders in place one is a smaller amount of about £200, I have no break down of charges But I have brought to the atension of the council in the past over "over charges" and they were removed, They have levied on my car back in Nov 11 I didnt sign nothing nor did they persue the car

I do have a few other debts nothing major and they are all being told the same as to my situation at this present time...they are all fine not screaming or shouting....

I just feel so terrible its a horrible and scarey place to be

[bizzybob]

Re: Bristow & Suitor some advise please

If they were to levy the car, you could say that due to it's value they can only have levied to garner fees, as for a debt of £3800, they would need to levy £38,000 of goods, distress sale items often only fetching 10% of their value at auction.

[godders1810]

Re: Bristow & Suitor some advise please

Thank You, so are you saying they have levied the car for their fees ? I havnt done any thing about changing my insurance back from business nor have i taken the sign writing off the car as I am hoping to return to work as soon as I possibly can, I was working as a self employed graphics fitter so my car was or is a necessity, I was under the understanding that they were not aloud to take tools of your trade ? perhaps I am wrong

[bizzybob]

Re: Bristow & Suitor some advise please

Thank You, so are you saying they have levied the car for their fees ? I havnt done any thing about changing my insurance back from business nor have i taken the sign writing off the car as I am hoping to return to work as soon as I possibly can, I was working as a self employed graphics fitter so my car was or is a necessity, I was under the understanding that they were not aloud to take tools of your trade ? perhaps I am wrong

I was saying that if they did levy the car, you would then have a valid grievance have they left any notices of seizure, or levied anything to the best of your knowledge?

[godders1810]

Re: Bristow & Suitor some advise please

No they have never levied on any thing else at all they have never gained access to my home, the CAB has asked them for all the paper work to to with their levies (?) and only the one piece came back with the car on as i said from November 2011

[labman]

Re: Bristow & Suitor some advise please

I suggest we get an up to date breakdown of what is owed exactly. I would send Letter 1 from here:

http://www.legalbeagles.info/forums/...Useful-Letters (ensure you get Proof of Postage)

and phone the council to find answers to following:

1. How many Liability Orders they have against you?
2. The dates they were obtained?
3. The addresses they were for?
4. The period of time each covers?
5. How much each one was for?
6. How much is still outstanding?
7. The dates they were passed on for enforcement?


If you have other debts, given the situation you are in with the change in your income, I would strongly suggest you contact one of the FREE (don't pay for it) debt advice charities such as Payplan or StepChange with a view to setting up a Debt Management Plan. CAB would be able to advise further, but you can approach these organisations directly.

If you prefer to have a tighter control over your personal issues, then you can do a self managed DMP though NEDCAB - it is an excellent scheme, by far the best I'm aware of currently for self managed DMPs:

http://mymoney.nedcab.org.uk/moneyadvice/

This can be done from the comfort of your own home.

I hope this helps. In any case you need to phone the council and send the letter.

[ploddertom]

Re: Bristow & Suitor some advise please

The Council staff are completely out of order. can we ask which Council this is? As you are now on Benefits you should be classed as vulnerable according to the National Standards for Enforcement Agents. Is the member of staff that has mentioned prison just whoever answers the phone or someone in a more senior position. I would also urge you to contact your local Councillor(s) and ask them to intervene on your behalf. Have you made a written complaint to the Council CEO by any chance?

[godders1810]

Re: Bristow & Suitor some advise please

Thanks again Labman, Ploddertom thank you for your reply The Council in Question is North Warwickshire and no the person that told me I will be going for comital is the Revenues Supervisor and also the Head Supervisor is aware of this, I am unaware what you mean by CEO, I have complained in the past to the ombusisman who ask them to explain themselves, I really didnt want to go back down that route as i feel more threaten when i have to deal with the council/baliffs in the future i will see if I can attach the email from him

[godders1810]

Re: Bristow & Suitor some advise please

this is a copy of the email I received from the council I have blocked his name out this is the reply i received when i explained I was now unable to work due to having a break down could i pay less please was all my email asked



Dear Miss xxxxxxx,

I refer to your latest email concerning your Council Tax arrears, the content of which is noted.

Due to the number of occasion upon which you have negotiated arrangements and have failed to maintain payments in the long term, your continued promises to make further payment, even at a reduced rate, lack credibility.

Furthermore, any matters relating to Council Tax Benefit confers no defence in enforcement proceedings consequently the amount presently outstanding will remain payable.

Given the above, recovery action will not be suspended and should the bailiffs not recover your arrears, the Authority will embark on an application for your commitment to prison at the earliest opportunity, an issue that has been brought to your attention on many occasions.

Yours sincerely

Ian XXXXXXX
Revenues Supervisor
North Warwickshire BC

[ploddertom]

Re: Bristow & Suitor some advise please

The CEO is the the Chief Executive Officer at the Council. It could be he is not aware about what goes on beneath him. Before you can go to the Ombudman you must give the Council a chance to explain or put things right first. There have been a number of reports in recent years that have been very critical of certain Council and their Bailiffs, only a few months ago there was one which targetted all Councils.

I know it may seem hard but you need to go back to the start - Labman has given you a list of questions to ask the Council and at each stage we get the Council to dig a little hole each time so by the time all is compiled they have a tunnel they cannot get out of.

Do you have your Benefits sorted yet?

[godders1810]

Re: Bristow & Suitor some advise please

Thank you for the reply, No benifits sorted as yet but the CAB woman is on to that matter as well as my doc very kindly wrote a simple letter explaining at the moment i am unable to deal with these matters directly, I am finding this so hard, but I will take on all your advise and hit the council with the list of questions as posted above

Thank You

[bizzybob]

Re: Bristow & Suitor some advise please

You should be regarded as vulnerable, on two counts, illness and being on benefits. put a copy of the doctors letter in any letter to the CEO, also,