Bristow & Sutor - common theme by the looks

[dynoreal]

Dear all,


I have an issue with Bristow & sutor , regarding a council tax arrears I had , I had arrears of council tax and after much problems (out of work) and speaking to my council at the time , they passed my arrears across to Bristow & Sutor, so Ok they came to the property and saying that the council etc, leaving no problem giving me paper work, saying a sum if I remember was £850 + £42.odd for the visit, they asked to come in I refused and made them wait at the door etc.
They came again sometime later again giving me paper work and saying I now owe £949.00 for the outstanding amount, which again I refused entry and an inventory , but at the time there was a parking fine out which I was in dispute about and this got cleared up etc , so they turned up on the 2nd period for the both issues, the other issue sorted no money's owed, anyway back to the council tax, so I managed to get the funds to pay off the £850.00 arrears direct to the council on-line, so that in my mind either I owe Bristow & sutor £99 or nothing as with the parking fine?
About 2 weeks after the balance was paid I had a letter from them saying that I owe them £279.00 , as they had done another visit with a van to take goods away? I have no paper work and I have asked them to produce paper work but they say they dont have to, as they came to property and no one was in ??
They are stating regulation 52(4) of council tax (administraion and enforcement) regulations 1992 as amended states that any partial payments shall clear the bailiff fees 1st leaving council tax outstanding.
They are threatening further costs and I have contacted them saying that I am happy to pay the £99 which I have all the paper work for but not the £279.00 which they are saying???
I have rang that many time only to be charged premium rate and get put on hold for over 20mins and still not able to speak to anyone?

Long winded sorry I have contacted OFT and received an email back , and contacted the council who have not responded at this moment, they demand payment instantly and refuse to accept any other info. I have also moved from this property and working abroad - which they havent acknowledged , but I want to get this sorted so when I come back to the UK I have no issues??

Any info on how I stand on this greatly received.

Darren

[ploddertom]

Re: Bristow & Sutor - common theme by the looks

With Council Tax it is indeed that Bailiff Fees come first and then any balance goes towards the debt. What you should do is send off to the Bailiffs for a breakdown of the fees they are charging, send initially by email followed by a copy in the post. Use Letter 1 from http://www.legalbeagles.info/forums/...Useful-Letters enquiries@bristowsutor.co.uk

You should also contact the Council and enquire about the status of your account - to see if the Council have paid the Bailiff out of what you paid. Providing he has never gained access to your home or otherwise made a levy on goods outside he may charge no more than the £42-50.

[CleverClogs]

Re: Bristow & Sutor - common theme by the looks

One might also add that the schedule of fees they may lawfully charge is reproduced here ---> link

I can see no reason why they might charge £99 - or £56.50 on top of the £42.50 for two visits - whilst the "Attendance to Remove" fee is obviously inappropriate if no valid levy of distress had been made. Merely listing goods the bugger could see through a window is not a valid levy.

Can you post up a scan or photo of the alleged inventory? - With your details blanked out, of course!

[dynoreal]

Re: Bristow & Sutor - common theme by the looks

One might also add that the schedule of fees they may lawfully charge is reproduced here ---> link

I can see no reason why they might charge £99 - or £56.50 on top of the £42.50 for two visits - whilst the "Attendance to Remove" fee is obviously inappropriate if no valid levy of distress had been made. Merely listing goods the bugger could see through a window is not a valid levy.

Can you post up a scan or photo of the alleged inventory? - With your details blanked out, of course!

Dear Sir,

Re: Council Tax arrears due to Forest of Dean District Council.

We acknowledge receipt of your enquiry, the contents of which have been duly noted.

On the 28/01/13 the bailiff was instructed to attend your property to collect the balance in full or for removal of goods for sale at public auction. The fee for this attendance was £180.00. It is not in relation to a Penalty Charge Notice as this was returned to the Council on the 17/01/13.

The bailiff attended on the 28/01/13 as you had failed to maintain your arrangement. Although no contact was made and goods were not removed, you are liable for the fee under the Council Tax (Administration & Enforcement) Regulations 1992 (as amended).

The total balance is £279.00, this must be received in our offices by the 28/05/13 to prevent further recovery action being taken against you. No further time will be given.

We trust this clarifies the matter.

Yours faithfully

Mrs J Watt
Recovery Officer
Bristow & Sutor
0871 677 0070


This is what I had on the 20/05/2013.

[ploddertom]

Re: Bristow & Sutor - common theme by the looks

The tone of the letter suggests:
a - a payment arrangement was broken - was there such a thing?
b - a levy has been made as this is the only way they can charge a Van/Removal Fee - is there anything?