Bristow & Sutor - advice please

[gje99]

I have a business rates debt with the council that has been referred to B&S. I'd like advice on two issues:

1. I had a payment plan in place, which I adhered to, which I understood incorporated the debt that has been passed to B&S (turns out it didn't). I have raised a formal complaint with the council over this. What else can I do?
2. B&S has set an impossible/unrealistic payment plan. I have attempted to negotiate with them but they refuse, stating that a payment plan is discretionary. I believe this is a deliberate attempt to extract additional bailiff fees etc if I fail.

i would welcome advice on 2. In terms of what happens if I default and also what my rights are, if any, to set a realistic payment plan.

I have never been in this position before and am frankly appalled by B&S' methods and approach. Morally corrupt doesn't begin to describe it...

thanks in advance.

[ploddertom]

Re: Bristow & Sutor - advice please

If this is for NNDR is your business open whereby anyone can walk in?

[gje99]

Re: Bristow & Sutor - advice please

If this is for NNDR is your business open whereby anyone can walk in?

Thanks. Unfortunately yes. Sorry, not sure what nndr is...

[ploddertom]

Re: Bristow & Sutor - advice please

NNDR = National Non-Domestic Rates

[ploddertom]

Re: Bristow & Sutor - advice please

Can you explain a little more about item 1 where you had an agreement to pay.

Did you receive a Notice of Enforcement from B&S for this latest one?

[gje99]

Re: Bristow & Sutor - advice please

Can you explain a little more about item 1 where you had an agreement to pay.

Did you receive a Notice of Enforcement from B&S for this latest one?

thank you. Yes, I've had a notice of enforcement.

re. 1. We incurred arrears due to poor admin by the council. When they caught up we agreed what I understood was a payment plan to cover the arrears relating to two premises (we had moved during this period). It turns out that the council actually only agreed/set up a plan relating to one unit and not for the other as these are recorded as separate 'accounts.' They did not highlight the issue but instead referred it to B&S after several months.

While I accept responsibility for the debt and, ultimately, for managing the repayments, the council's activities in my view were at best obtuse/confusing.

[ploddertom]

Re: Bristow & Sutor - advice please

Did the Council not notify you that arrears were building on the other account. Do you live in the same Council area as that of your business? Were you ever aware that they had Liability Orders for both premises?

[gje99]

Re: Bristow & Sutor - advice please

Did the Council not notify you that arrears were building on the other account. Do you live in the same Council area as that of your business? Were you ever aware that they had Liability Orders for both premises?

Yes, I live in the same area. I was not notified of the arrears and no, I wasn't aware of the liability orders.

[ploddertom]

Re: Bristow & Sutor - advice please

You can have 2 bites of the cherry by contacting the Councillor(s) where you live and those where the business is and ask them to step in. Before a Liability Order is obtained the Council should have written to you:
1 - to ask you to bring your account up to date
2 - if you don't do 1 above or payment goes unpaid a second time you should get a letter telling you that all monies owing for the year are now due in full.
3 - if they are going to Court they should notify you of this giving date, time & place as you have a right to attend.
4 - if a Liability Order has been obtained then they should again notify you of this.
5 - if you moved address then the chances are this is where everything went but if you notified them of a move then they are in the doo doo.

The difficulty you have at present is B&S. Making a complaint to your Councillor(s) you should ask they get enforcement put on hold until such time an investigation can take place. Don't care what they say but the Council are 100% liable for the actions & charges of their agent. In my view Councillors are available 7 days per week up until 9pm and best initial contact is by phone - gives you the opportunity to get something done for action first thing Monday.

[gje99]

Re: Bristow & Sutor - advice please

You can have 2 bites of the cherry by contacting the Councillor(s) where you live and those where the business is and ask them to step in. Before a Liability Order is obtained the Council should have written to you:
1 - to ask you to bring your account up to date
2 - if you don't do 1 above or payment goes unpaid a second time you should get a letter telling you that all monies owing for the year are now due in full.
3 - if they are going to Court they should notify you of this giving date, time & place as you have a right to attend.
4 - if a Liability Order has been obtained then they should again notify you of this.
5 - if you moved address then the chances are this is where everything went but if you notified them of a move then they are in the doo doo.

The difficulty you have at present is B&S. Making a complaint to your Councillor(s) you should ask they get enforcement put on hold until such time an investigation can take place. Don't care what they say but the Council are 100% liable for the actions & charges of their agent. In my view Councillors are available 7 days per week up until 9pm and best initial contact is by phone - gives you the opportunity to get something done for action first thing Monday.

Thank you, that is extremely helpful. I am very grateful to you for taking the time to assist. Hopefully I can one day repay the favour. Have a good evening.

[ploddertom]

Re: Bristow & Sutor - advice please

All we ask is you keep us updated with progress as lots of help available for free. Don't hesitate to shout if something urgent crops up - there's usually someone around.

[gje99]

Re: Bristow & Sutor - advice please

All we ask is you keep us updated with progress as lots of help available for free. Don't hesitate to shout if something urgent crops up - there's usually someone around.

Thanks again for your help. Here is an update:

i advised the Council that they had failed to follow due process and should suspend action by B&S until they had reviewed this. I confirmed I was prepared to pay. I also notified my MP and local councillors and told the council this. I set a deadline of 5pm for them to respond. They called at 9.30am and confirmed that they had failed to follow due process and agreed to my various points. They offered a payment plan in line with what I felt was acceptable and agreed to waive various B&S fees. My MP and councillors also called them and followed up with me.

Without your our advice I would not have approached this in such a structured way based on a sound understanding of my position. I am extremely grateful to you and this website and am happy to provide any testimonial you feel is required. Thank you again.

[bizzybob]

Re: Bristow & Sutor - advice please

Excellent, but as the Council waived the fees, B & S really being Bonkers & Stupid may still call to try to get you to pay fees. They are THAT bone headed and don't know when to give up.

[Milo]

Re: Bristow & Sutor - advice please

Thanks again for your help. Here is an update:

i advised the Council that they had failed to follow due process and should suspend action by B&S until they had reviewed this. I confirmed I was prepared to pay. I also notified my MP and local councillors and told the council this. I set a deadline of 5pm for them to respond. They called at 9.30am and confirmed that they had failed to follow due process and agreed to my various points. They offered a payment plan in line with what I felt was acceptable and agreed to waive various B&S fees. My MP and councillors also called them and followed up with me.

Without your our advice I would not have approached this in such a structured way based on a sound understanding of my position. I am extremely grateful to you and this website and am happy to provide any testimonial you feel is required. Thank you again.

Excellent outcome and common sense seems to have prevailed.

[gje99]

Re: Bristow & Sutor - advice please

Excellent, but as the Council waived the fees, B & S really being Bonkers & Stupid may still call to try to get you to pay fees. They are THAT bone headed and don't know when to give up.

Thanks, useful advice. I agree, customer service and an ability to see the wood for the trees aren't their strongest suits.