Issues with ' Bristow & Sutor '

[jon157uk]

Hello team, I could do with some good advice here please, I have received the very same letter that 'hholms' refers to in a separate thread in this forum, the ' New Enforcement Process Commenced ' one.
This part maybe a bit long winded and I'm sorry for that but I feel a brief outline of the circumstances which lead to this are required, I will try to keep it as brief as possible.
Around November last year a had a 'friend of a friend' move in and rent a room at my house, she seemed fine and we appeared to be getting along OK for a short period, any way I'll cut to the chase, With my work meaning that I'm away from home for most of the week and even longer sometimes (HGV driver), this person offered to sort out things like paying bills and stuff while I was away. Seemed like a good idea at the time and took away the pressures of having to sort things out in what little free time I get.
The next thing I know is I'm receiving letters from the said 'Bristow & Sutor' for not only her 'none payment of council tax' but for mine also, yes, she had obviously done something else with the money and not paid the council tax at all.
B & S have had a bailiff call at my house on two occasions and unfortunately I was away working as usual, that's a pity really because I might possible have been able to sort this mess out there and then with him. I've since tried to contact them on a couple of occasions but they have not replied to my phone calls and this week the said 'New Enforcement' letter arrived, I will be trying to contact them again this Monday (7/04/2014). My debt is a total of around £500 which I can quite easily pay of with something like three or maybe even two instalments, do they have to accept that offer ? I'm starting to think they are avoiding me on purpose so they can hike up the bill ?
Now regarding the 'lady' that was renting the room here, one Bristow's 'agents' called here a couple of days ago asking to see her, I informed him that I had asked her to leave over a month ago and I had no idea where she had gone too, which is totally true. I asked him if we could sort out the 'case' regarding my account and he said it wasn't possible because he just didn't happen to have the relevant files to hand.
Bristow & Sutor have now taken to sending out 'Can You Help To Find This Person' notices to all my neighbours, are they legally allowed to do this ?

If you need more information please ask away, I have nothing to hide...

Any advice will be gratefully received... thanks guys

Jon T.

[Guest]

Re: Issues with ' Bristow & Sutor '

Unfortunately, as your name was most likely on the bill, the council are entitled to go after you for the full amount. They don't give a damn who owes the money, they just want it paid.

Personally, if I had the money, I would pay the council directly, making sure the payment went to the correct account (this can be done online)

I would then write to B&S advising of such, copying the council in.

Get proof of posting & anything B&S attempt to charge after this can be challenged.

[jon157uk]

Re: Issues with ' Bristow & Sutor '

Her bill is a separate issue to mine and I'm not disputing that I owe the outstanding balance showing on my bill, what I was questioning is what seems to be a lack of interest or assistance even, to get the bill paid from either Bristow & Sutor or the local council which at the moment appears to me to be a deliberate act of trying to hike up the outstanding debt.

[wales01man]

Re: Issues with ' Bristow & Sutor '

Are there 2 CT bills for the same house or 1 in joint names if its one property there would normally be only 1 CT bill

[jon157uk]

Re: Issues with ' Bristow & Sutor '

Yes, two bills. One that is in my name and a second one that arrived a couple of weeks after the woman moved in, which is addressed to her.

[Guest]

Re: Issues with ' Bristow & Sutor '

From what you're saying, it appears that there are two separate LO's, one in your name and one in the tenants. The only LO you need to concerm yourself with is the one in your name.

You need to contact the council and obtain the date it was obtained and the amount it was for.For clarity, check there is only one in your name.

You then need to write to B&S. Advise that you have tried contacting the bailiff twice & that he has not answered (they leave a mobile number & usually return missed calls). Tell them that you want to set up an arrangement but wish to do this over the phone in order to avoid further costs and to please contact you on ........

Personally, for the amount you think you owe, I would borrow the money & pay the council directly (do this online, making sure that it goes to the correct account otherwise it will just go off this years account) You can actually pay over the telephone as long as you speak to someone. They will probably refuse payment but you then quote regulation 45(3) of the council tax (administration & enforcement) regulations 1992 as amended. They will then put you onto someone from the recovery department who will know the law & accept payment.

The bailiff will be reluctant to agree a payment plan over the phone as he will loose out on commission-You can include this in your conversation to the council.

Do all this quick.

[jon157uk]

Re: Issues with ' Bristow & Sutor '

Thanks guys, I've contacted the council and explained that their 'agent' seems to be un-reachable and that I couldn't make any arrangements with them. They have instructed B & S to contact me ASAP, which they did about twenty minutes ago, they have agreed to let me pay off the CT debt in two instalments, one of which has just been made so hopefully that should be the end of the matter.
I also asked to clarify that there was only one outstanding bill in my name and they assured me that there was.

Thanks very much for the advice.....

[Guest]

Re: Issues with ' Bristow & Sutor '

Excellent.

Just monitor what B&S take off you in the way of fees. The correct amount should be £42.50 for the 2 visits they made.

They may "accidently" charge you £75 under the new Regs or "accidently" overcharge you in another way-They're very "accident prone" in this way.

[jon157uk]

Re: Issues with ' Bristow & Sutor '

You were absolutely correct ST, they did try over charging me but not quite for the reason you thought, the cheeky swines were only trying to charge me for the visits they made here looking for the ex-lodger. They have now corrected the bill and I cleared it off yesterday.

Thanks again guys, big help

[bluebottle]

Re: Issues with ' Bristow & Sutor '

As for the "Have You Seen This Person?" notices B & S were sending to your neighbours, this may well amount to a breach of the Data Protection Act 1998. It might be worth mentioning this to the council as they are 100% liable for the actions of their agents, i.e. B & S. The Information Commissioner's Office (ICO) has to the power to fine those who breach the Act up to £500,000 and has no qualms fining local authorities which it tends to hit with hefty fines for breaches. You never know, it might prompt the council to deliver a well-deserved kick up the backside to B & S.