Bristow and Sutor help

[stunner1901]

Morning all

can anyone clarify my situation please?

i have a council tax debt with £292 o/s with bailiffs plus an AOE of £1200 which is costing me £250 per month

last month my wife had an operation and lost 2 weeks off work and I asked B&S for a months grace which they declined.

i have today spoke with them and they said nothing can be done if I don't pay today the arrangement will cancel and further action will take place.

i have already had the £235 1st visit charge added will this mean now a 2nd £235 or is this a one off charge. Assuming they send someone out?

any help/advice will be most welcome

kind regards

stunner

[ploddertom]

Re: Bristow and Sutor help

They can only apply the £235 once, the only other fee they can now charge you is a £110 sale fee - providing they have taken control of anything in the first place. Doesn't matter how many more times they visit they can charge nothing more.

[bizzybob]

Re: Bristow and Sutor help

If they don't have Control of Goods Agreement, DO NOT let them in if they call, and keep any car away.

[stunner1901]

Re: Bristow and Sutor help

Hi and thanks plodderton and bizzybob

how can I find out if they have a CoG agreement. It was a couple of years ago and I think they just rolled the account on from an older one?

regards

[bizzybob]

Re: Bristow and Sutor help

Hi and thanks plodderton and bizzybob

how can I find out if they have a CoG agreement. It was a couple of years ago and I think they just rolled the account on from an older one?

regards

Did you at any time let them in to list goods? as even if they had a levy prior to April 2014, they could not use it for any subsequent fresh Liability Order.

[stunner1901]

Re: Bristow and Sutor help

Not sure tbh. The liability order was June 2012 so they may have around end 2012. Sure haven't since 2014. He called out and saw me but it was in error even though never removed charge. I had a sundry account which they kept allocating payments to thus resulting in a visit and a 235 charge. They admitted and change payments but never removed charge. could I contest this? Current balance only 292!

[ploddertom]

Re: Bristow and Sutor help

You need to ask them for a full breakdown of fees on ALL accounts they hold for you.

You also need to contact the Council and ask them:
How many Liability Orders they have against you
The period each one covers
When they were passed on for enforcement
The date & amount of any payment

[Milo]

Re: Bristow and Sutor help

Because the debt was partly enforced BEFORE 6th April 2014 it is vitally important that you contact B & S for a DETAILED breakdown of all charges applied to the account. The fee of £235 cannot be charged if B & S had previously 'levied' upon goods and charged a levy fee and attending to remove fee.

[stunner1901]

Re: Bristow and Sutor help

Hi

quick update

I've spoken to B&S today and the only fee applied was 235 in May but.....

the he fee was applied after a bailiff visited for default, however, I wasn't in default and they later admitted their error and corrected it

what happened was I had a council tax order and a sundry dent with them. The sundry had never been to court and no arrangement was in place but they put 3 payments against it resulting in council tax arrangement defaulting

i have explained that this fee is surely not valid as I maintained my arrangement but apparently the council won't allow the fee to be removed

am I correct with my assumptions or are they legally ok?

regards

[Guest]

Re: Bristow and Sutor help

I'm sorry-I am still struggling to get my head around this.

Are you saying that you have 3 debts?
1. An AOE
2. The £292
3. A "sundry" debt

You really need to get to the bottom of all of this. If they tried to take funds for a sundry debt last year, what has happened since? Do you still owe this money? What is the amount of this "sundry" debt and what is it for? Are you positive that a liability order hasn't been issued for this?

It is important that you find out all you can about this debt and also that you get a complete breakdown of all charges B&S have made. If you had an arrangement to pay off one debt, they can't move money paid to another debt. If you have not defaulted then you will be entitled to have the £235 fee removed but it is important to establish all the facts before proceeding.

I would suggest a telephone call to the council. Don't be fobbed off by them telling you that you must deal with B&S. You need to find out all that you can about this third debt and if there is a liability order against it. You should also telephone B&S and get one of the girls to run through the £292 account. Ask if there have ever been defaults on it. If there haven't, ask why you have been charged £235. Ask how many accounts B&S have of yours.

[stunner1901]

Re: Bristow and Sutor help

Yes an AOE for 14/15
£292 for 12/13
sundry for overpayment housing benefit from 2004 for £800

no court Oder has been issued against sundry and is now back with council as no agreement was made. They are now threatening county court action which I will deal with as and when

by mistake they paid 3 payments made by me on council tax bill against sundry which they later rectified but £235 was applied as the bailiff visited to see why I "defaulted"

they have confirmed the 235 is part of the 292 but insist the council have said it cannot be removed as I should be paying towards the sundry.

My view is as there is no order on the sundry I didn't have to pay until such point that I enter agreement

hope that clarifies

[Guest]

Re: Bristow and Sutor help

OK. You can write to the CEO of the council straight away. Head the letter "Formal Complaint"

Explain what has happened, why the bailiff visited and how both the council and B&S have admitted that it was a mistake. Remind them that you have never defaulted from your agreement. As the bailiff visit occurred due to a mistake on the part of the council or B&S, the responsibility to pay for the visit should also fall on whoever made the mistake. It should not be down to you to pay for the mistakes made by others.

As a resolution to the complaint, you require the £235 fee to be removed from your account immediately. If the council are unwilling or unable to do this, can they please advise as to the procedure to escalate the complaint to "stage 2"? In the alternative, can they please confirm that there is no stage 2 within the complaints procedure and that you are free to ask the Local Government Ombudsman to intervene.

[stunner1901]

Re: Bristow and Sutor help

Thank you very much

I have emailed the council asking them to remove the fee

if , as I imagine they will, they refuse I will then escalate to higher levels.

can I email fao CEO or should I do the good old fashioned hand written?

again thanks

[Guest]

Re: Bristow and Sutor help

Email is fine. Just keep a record of all communications.

[stunner1901]

Re: Bristow and Sutor help

Hi guys

just a big thanks for all your help.

i wrote to council and 2 weeks later I got confirmation that the fees have been removed and I now only owe £57

Thanks again:tinysmile_twink_t2::tinysmile_grin_t::tinysm ile_grin_t::tinysmile_grin_t: