Old Council Tax Bill - Bristow & Sutor

[ploddertom]

Re: Old Council Tax Bill - Bristow & Sutor

There is no law that says you have to deal with or speak to a Bailiff. Just bypass him.

[Deeplay]

Re: Old Council Tax Bill - Bristow & Sutor

Well rang the Council today directly made a payment of £10.00 They point blank refused to take back the debt saying "they cant" which we know they could but actually just wont. She did say that if the balif can not collect it will be returned to the council and they will then start comittal proceedings which I take it is to get me banged up. I asked if they would still do this based on the fact they will see by that time regular weekly payments of £10.00 she said yes it is the councils policy. My question is if I continue to make the £10.00 weekly payments direct to the council which would mean the debt is clear in just over 65 weeks how likely is it they take this further back to court to get me arrested for none payment ? All conjecture now I know and I want to clear this debt but cant at this time do it in full. thanks

[CleverClogs]

Re: Old Council Tax Bill - Bristow & Sutor

"The lady from the Council said to me she is not allowed to discus this further with me and although they will accept payments it is now fully out of her hands and advised me to let the bailiff in so i could reach an agreement with him directly."

NO NO NO it is NEVER fully out of the hands of the council, they retain full control of the debt, and it would be a VERY BAD IDEA indeed to let the bailiff in, it opens you up to a whole new world of fees the bailiff can charge. If you keep him out, and have no car, and he doesn't gain entry the most he can have from you is £42.50 for two visit fees.

Even if the bugger levies outdoor furniture or the debtor's doormat?

[CleverClogs]

Re: Old Council Tax Bill - Bristow & Sutor

Well rang the Council today directly made a payment of £10.00 They point blank refused to take back the debt saying "they cant" which we know they could but actually just wont. She did say that if the balif can not collect it will be returned to the council and they will then start comittal proceedings which I take it is to get me banged up. I asked if they would still do this based on the fact they will see by that time regular weekly payments of £10.00 she said yes it is the councils policy. My question is if I continue to make the £10.00 weekly payments direct to the council which would mean the debt is clear in just over 65 weeks how likely is it they take this further back to court to get me arrested for none payment ? All conjecture now I know and I want to clear this debt but cant at this time do it in full. thanks

Did you get that harpy's name?

Take up the matter with your local councillors (http://www.writetothem.com/) and tell them that, although you are paying off the debt at a rate you can afford - and as fast as you can afford without starving - a council harridan has threatened you with arrest and imprisonment for non-payment of Council Tax.

You may also wish to take up the matter with the local press, as the publicity will give the council muppets the chance to claim you had misunderstood their silly threats.

[ploddertom]

Re: Old Council Tax Bill - Bristow & Sutor

Well rang the Council today directly made a payment of £10.00 They point blank refused to take back the debt saying "they cant" which we know they could but actually just wont. She did say that if the balif can not collect it will be returned to the council and they will then start comittal proceedings which I take it is to get me banged up. I asked if they would still do this based on the fact they will see by that time regular weekly payments of £10.00 she said yes it is the councils policy. My question is if I continue to make the £10.00 weekly payments direct to the council which would mean the debt is clear in just over 65 weeks how likely is it they take this further back to court to get me arrested for none payment ? All conjecture now I know and I want to clear this debt but cant at this time do it in full. thanks

There is enough in there to start a Formal Complaint off as it is not the decision of who you spoke to to issue threats like that - at best she should be disciplined and at worst could be joining a queue to sign on. Providing you keep paying voluntarily there is no Court in the land that would sanction a free holiday for you. That is reserved for those that point blank refuse to pay.

[labman]

Re: Old Council Tax Bill - Bristow & Sutor

Taken from:

https://www.gov.uk/council-tax-arrears

Prison

If your council has tried using bailiffs but your bill still isn’t paid, they can apply to the Magistrates’ Court for a warrant to send you to prison.

The court must hold an enquiry with you present. This is to find out if you can afford to pay the bill. If the court doesn’t think you have a valid reason for not paying, it can send you to prison for up to 3 months.

The court may decide to postpone imprisonment on certain conditions, like you agreeing to repay the debt over time. The court can also cancel all or part of the debt.



Thus if the court does think you have a valid reason for not paying, it will NOT send you to prison.

[bizzybob]

Re: Old Council Tax Bill - Bristow & Sutor

Get the Harpy to sign to the effect that she cannot accept your lawfully tendered payment as your account has been passed to the bailiff, then kick the council with the evidence as suggested by PT in a Formal Complaint.

[Deeplay]

Re: Old Council Tax Bill - Bristow & Sutor

Hi thanks for the replys. A few more questions ... sorry about all the Qs.

But I have now made 2 payments of of £10.00 and will continue to pay weekly. I have not spoken to the Baliff and strangely so far they have not called back for a second visit. I naturally want this off my back. But is it likely that the baliff will return the debt to the council with a recommendation for committal proceedings ? and if so how likely is it that the council would follow through with this ? The council are refusing point blank to accept my proposal of repayment of this old council tax bill even though they are now starting to see a repayment history. Saying instead I have to negotiate the repayment plan with Bristow & Suitor. Im thinking would it be wiser just to call the baliff and see if they accept the 10 per week im already paying.

My situ is a bit complex as Im now self employed so its difficult to do a budget sheet to show any court as my income varies lots from 1 month to the next. Im not earning massive money just enough to pay rent / food live ect and pay a few bills. From what the dragon at the council told me that if Mr Baliff cant get entry he returns it them with advise for committal proceedings which they would then do even though they can see I have started to pay 10 per week. There reason is we dont have a formal agreement and they are not prepared to set one up.

If I had the money now I would clear it straight off. But I dont. Also this debt is from when living with x wife who then was the main income earner. Council say it dont matter as my name is on the debt so im liable. Getting so worried about this. thanks for taking the time to read.

[ploddertom]

Re: Old Council Tax Bill - Bristow & Sutor

You seem to have answered most points yourself.

If the Bailiff sees he is getting nowhere then yes he can return it to the Council with a recommendation to take further action. I can't see the Council going for a Committal Hearing as you are making regular voluntary payments so you cannot be termed a "wilful non-payer", the Council are just going to have to accept it.

The Council usually ask for I&E so they can do an Attachment of Earnings to ensure payments are made. However being self employed means this is not open to them and can be disregarded.

Have you thought about involving your local Councillor(s) to see if they will help as the Council employees you have come up against so far do seem to be intransigent,

[labman]

Re: Old Council Tax Bill - Bristow & Sutor

We can never guarantee 100% obviously but ........

Hi thanks for the replys. A few more questions ... sorry about all the Qs. Don't apologise, that's what we're here for.

But I have now made 2 payments of of £10.00 and will continue to pay weekly. I have not spoken to the Baliff and strangely so far they have not called back for a second visit. I naturally want this off my back. But is it likely that the baliff will return the debt to the council with a recommendation for committal proceedings ? As long as you keep paying, it is highly unlikely. They scared you, and it's worked! and if so how likely is it that the council would follow through with this ? The chances of them even trying for commital for someone who is paying are almost nil. The latest information I can find is that on 30th September 2012, there were just 7 people in prison in the entire country for non payment of CTax. It is VERY VERY VERY rare. The council are refusing point blank to accept my proposal of repayment of this old council tax bill even though they are now starting to see a repayment history. Saying instead I have to negotiate the repayment plan with Bristow & Suitor. Im thinking would it be wiser just to call the baliff and see if they accept the 10 per week im already paying. Keep paying to the council - the bailiffs will return it to them eventually, as long as you don't let them get a levy on anything. Keep paying for 2 - 3 months, then we'll see if we can 'encourage' them to take it back.

My situ is a bit complex as Im now self employed so its difficult to do a budget sheet to show any court as my income varies lots from 1 month to the next. Im not earning massive money just enough to pay rent / food live ect and pay a few bills. From what the dragon at the council told me that if Mr Baliff cant get entry he returns it them with advise for committal proceedings which they would then do even though they can see I have started to pay 10 per week. There reason is we dont have a formal agreement and they are not prepared to set one up. Ignore the dragon at the council. They use scare tactics to encourage payment - and guess what ...... it's worked! You're paying.

If I had the money now I would clear it straight off. But I dont. Also this debt is from when living with x wife who then was the main income earner. Council say it dont matter as my name is on the debt so im liable. Getting so worried about this. thanks for taking the time to read.

The liability would have been what is defined as 'joint and several' - ie - you are both liable. Sadly it doesn't mean you both pay 50% each, it means they get the money from whichever they can.

Please don't stress over this. I've been in your situation where I'm being threatened with all sorts of things, and I could hardly sleep at the time, I was terrified. I simply did not have the money, like you. I had 4 LO's being chased, 2 domestic and 2 non-domestic.

I'm still here - I haven't been to prison, AND it was in part the horrendous experience of going through that that got me into doing this. I vowed if I could stop one person going through the living hell I did with bailiffs and debt collectors I would.

PLEASE try not to stress. Keep coming back and reading this post, and reassure yourself others have been in the same situation and come out the other side. :beagle:

[Deeplay]

Re: Old Council Tax Bill - Bristow & Sutor

Thanks for the replies and the straight forward information! Im starting to see and understand the fear tactics used not only for CT but in other areas. It is shocking.

And yes this has got me to pay but it is a debt that I thought was cleared through the ex and so was unprepared financially as my £ is delicate to say the least as I rebuild.

But end of day want them off my back its no way to live. Really important work you good people do here and a second to none service!