Want to pay council not bristow and sutor? but my council wont let me?

[yamahabiker]

Hi all,

I have a small debt with my local council, i want to pay the debt to my local council but they wont allow me. They say i must deal with Bristow and Sutor? I have been down the council offices but they are having non of it. I have a small child and a pregnant wife, the last thing i want is those dogs at my door. I refuse to pay there "fees" for pushing a letter through my door.

Is there any law that states the council must be willing to take back the debt.

The council worker told me to wait till Bristow and Sutor have completed there "operation" and then I can take ownership of it.

I don't want those dogs at my property. Any help!!

thanks

[Crazy council]

Re: Want to pay council not bristow and sutor? but my council wont let me?

Hi

there is not a lot you can do at that stage. But, some people manage to get around it by paying direct into councils bank accounts then notifying them its paid., then writing to the council, pleading with circumstances.

[Wombats]

Re: Want to pay council not bristow and sutor? but my council wont let me?

I don't believe the council are allowed to refuse payment. Unfortunately the law states that if the debt has been passed for enforcement, then the Compliance Stage fee is payable (£75).

Did you get the Notice of Enforcement? Did it give 7 clear days (excluding Sundays)? Have you paid it in order to avoid the £235 fee?

OK - that aside, I am going to make the assumption this debt is for Council Tax arrears. If it isnot, ignore ALL that follows.

What can happen if you don't pay B&S, but insist on offering money to the council? Simple answer is they will try to get what we used to call a levy. Chances are, if you have a car, they will try to seize that. If you are willing to spend the foreseeable future hiding your car and ensuring the EA's don't get access to your property, then ultimately they will HAVE to pass it back to the council. Would their fees still be payable? Not if the company have passed it back.
It would be a long, long haul though. Until such time as the debt was returned, those fees are payable unfortunately. It is up to you whether or not you are willing to battle this one out.

[Guest]

Re: Want to pay council not bristow and sutor? but my council wont let me?

Unfortunately the law states that if the debt has been passed for enforcement, then the Compliance Stage fee is payable (£75).

The fee is allowed to be applied, not necessarily payable. Anyway, to answer the OP;


Regulation 45(3) of the Council Tax (Administration and Enforcement) Regulations 1992 -

45. (1) Where a liability order has been made, the authority which applied for the order may levy the appropriate amount by distress and sale of the goods of the debtor against whom the order was made.

(2) The appropriate amount for the purposes of paragraph (1) is the aggregate of—

(a)an amount equal to any outstanding sum which is or forms part of the amount in respect of which the liability order was made, and

(b)a sum determined in accordance with Schedule 5 in respect of charges connected with the distress.

(3) If, before any goods are seized, the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount and the levy shall not be proceeded with.


They can't refuse.

[Wombats]

Re: Want to pay council not bristow and sutor? but my council wont let me?

(3) If, before any goods are seized, the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount and the levy shall not be proceeded with.


They can't refuse.

Wombats said:

I don't believe the council are allowed to refuse payment.

Wombats

[Guest]

Re: Want to pay council not bristow and sutor? but my council wont let me?

I don't believe the council are allowed to refuse payment.

Just showing the proof rather than a belief.

[wales01man]

Re: Want to pay council not bristow and sutor? but my council wont let me?

They may not be allowed but they still refuse just because there is a rule or legislation does not mean they follow or abide by it.

[Guest]

Re: Want to pay council not bristow and sutor? but my council wont let me?

They may not be allowed but they still refuse just because there is a rule or legislation does not mean they follow or abide by it.

They might try, or be poorly informed, but at the end of the day, the legislation is binding. No arguments, it's the law. If they don't like it, tough.

[wales01man]

Re: Want to pay council not bristow and sutor? but my council wont let me?

Strange that so many are unable to pay council direct just because its a Law does not mean its not broken. Remember if a Council breaks the Law its the Tax payer who foots the costs no t any Employee.

[Milo]

Re: Want to pay council not bristow and sutor? but my council wont let me?

Hi all,

I have a small debt with my local council, i want to pay the debt to my local council but they wont allow me. They say i must deal with Bristow and Sutor? I have been down the council offices but they are having non of it. I have a small child and a pregnant wife, the last thing i want is those dogs at my door. I refuse to pay there "fees" for pushing a letter through my door.

Is there any law that states the council must be willing to take back the debt.

The council worker told me to wait till Bristow and Sutor have completed there "operation" and then I can take ownership of it.

I don't want those dogs at my property. Any help!!

thanks

You say that you have a small debt and want to pay the council. Since 1992 there had been a requirement that a local authority had to send a '14 day' letter to advise that a Liability Order had been obtained. This year the government amended legislation to REMOVE the obligation to send such a letter. Despite this almost all local authorities have continued to send such a letter (this is excellent reason for this).

Did you receive a letter and did you try to set up a payment proposal?

You should have received a Notice of Enforcement from Bristow & Sutor and this would have included a fee of £75. A payment proposal can be made on receipt of this notice. Did you receive the letter and if so, did you make a payment proposal?

[Milo]

Re: Want to pay council not bristow and sutor? but my council wont let me?

The fee is allowed to be applied, not necessarily payable. Anyway, to answer the OP;


Regulation 45(3) of the Council Tax (Administration and Enforcement) Regulations 1992 -

45. (1) Where a liability order has been made, the authority which applied for the order may levy the appropriate amount by distress and sale of the goods of the debtor against whom the order was made.

(2) The appropriate amount for the purposes of paragraph (1) is the aggregate of—

(a)an amount equal to any outstanding sum which is or forms part of the amount in respect of which the liability order was made, and

(b)a sum determined in accordance with Schedule 5 in respect of charges connected with the distress.

(3) If, before any goods are seized, the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount and the levy shall not be proceeded with.


They can't refuse.

Regulation 45 was amended earlier this year. Instead, enforcement must be by way of Schedule 12 of TCE 2007.

[Guest]

Re: Want to pay council not bristow and sutor? but my council wont let me?

Regulation 45 was amended earlier this year. Instead, enforcement must be by way of Schedule 12 of TCE 2007.

Was it? Can't see where it's been repealed. Do you have a link or source to help?

[Milo]

Re: Want to pay council not bristow and sutor? but my council wont let me?

Was it? Can't see where it's been repealed. Do you have a link or source to help?

I only have access to mobile phone at present (due to moving) but if you read my above post I did not say that section 45 had been repealed. I said that that it had been amended. There is a huge differences between the two. The consequential regs would be a start.

[Guest]

Re: Want to pay council not bristow and sutor? but my council wont let me?

What consequential regs? Sorry to push, but I like to have the correct info.

[Wombats]

Re: Want to pay council not bristow and sutor? but my council wont let me?

Was it? Can't see where it's been repealed. Do you have a link or source to help?

See attached