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  • FIRST POST
    • gameharris22
    • By gameharris22 12th Oct 16, 4:22 PM
    • 2Posts
    • 0Thanks
    gameharris22
    Council Tax Debt help with Bristow and Sutor
    • #1
    • 12th Oct 16, 4:22 PM
    Council Tax Debt help with Bristow and Sutor 12th Oct 16 at 4:22 PM
    Hi
    I have an outstanding council tax debt from Richmond Council which has now been passed to Bristow and Sutor. I havent arranged any repayment plan with them (despite receiving several calls/letters emails from them) yesterday I received a letter hand delivered through my letterbox saying they had tried to collect the debt which had now been increased to include a call out charge. It said i needed to phone him before 9pm to arrange repayment. I did not do this and I am concerned of additional visits before I can arrange to pay them back. My questions are:
    when can I reasonaby expect a 2nd home visit if I fail to pay or arrange a repayment plan?
    How long do they generally leave between 1st and 2nd visits if no arrangement is made?
    How often and how many home visits do they make if no arrangement is made?

    Thanks for the help in advance
    Harry
Page 1
  • National Debtline
    • #2
    • 12th Oct 16, 4:36 PM
    • #2
    • 12th Oct 16, 4:36 PM
    Hi

    It’s really up to the enforcement agent’s schedule so it’s difficult to answer your questions. I’d guess that they’ll leave it for a few days to a week before coming again. They normally try around 3 – 4 times before passing the debt back to the council but each case could be different.

    The main point is that they can’t just keep adding fees each time they come to you home. They can add an initial £75 compliance fee, and then a £235 enforcement fee. They could only add extra fees then if they took control of your belongings.

    As long as the enforcement agent hasn’t been allowed inside your home they can’t force entry. The key thing is to keep your door locked, don’t let them inside, and keep any vehicles you own in a garage or well out of the way.

    Show willingness to pay by offering an affordable amount. If they will not accept your payments save them up. You could also try offering payments directly to the council.

    This factsheet might be useful:

    www.nationaldebtline.org/EW/factsheets/Pages/council-tax-recovery/counciltaxdebt.aspx

    James
    @natdebtline
    Last edited by National Debtline; 12-10-2016 at 4:39 PM. Reason: added factsheet
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • CIS
    • By CIS 12th Oct 16, 4:40 PM
    • 9,407 Posts
    • 5,316 Thanks
    CIS
    • #3
    • 12th Oct 16, 4:40 PM
    • #3
    • 12th Oct 16, 4:40 PM
    I'd agree with the above - the enforcement agent will make a judgement call at some point as to whether he thinks it's worth him continuing. The decision usually depends on his workload as he has to justifyto his employer what he's managed to collect.

    Craig
    I no longer work in Council Tax Recovery as I'm now a self employed Council Tax advisor and consultant with my own Council Tax consultancy business. My views are my own reading of the law and you should always check with the local authority in question.
    • gameharris22
    • By gameharris22 12th Oct 16, 4:49 PM
    • 2 Posts
    • 0 Thanks
    gameharris22
    • #4
    • 12th Oct 16, 4:49 PM
    • #4
    • 12th Oct 16, 4:49 PM
    Thanks guys. I cant pay anything today but may be able to make arrangements to start to pay next month. Do you think its likely they will accept an arrangemnet like this and hold off another home visit or continue to send them round? And should I call Bristow and Sutor office or the person who knocked on my door to arrange this?
    I just really dont want the bailiff knocking on my door even if I have no intention of answering the door or talking to them when they come.
    Thanks again
    • CIS
    • By CIS 12th Oct 16, 4:57 PM
    • 9,407 Posts
    • 5,316 Thanks
    CIS
    • #5
    • 12th Oct 16, 4:57 PM
    • #5
    • 12th Oct 16, 4:57 PM
    Thanks guys. I cant pay anything today but may be able to make arrangements to start to pay next month. Do you think its likely they will accept an arrangemnet like this and hold off another home visit or continue to send them round? And should I call Bristow and Sutor office or the person who knocked on my door to arrange this?
    I just really dont want the bailiff knocking on my door even if I have no intention of answering the door or talking to them when they come.
    Thanks again
    Originally posted by gameharris22
    Generally speaking , once it's with an enforcement agent they'll deal with the whole case and their office will not intervene unless necessary.

    The enforcement agent / company should not refuse any payments you do offer but they don't have to agree a payment arrangement. They may refuse to accept a payment arrangement without a walking possession order.

    Craig
    I no longer work in Council Tax Recovery as I'm now a self employed Council Tax advisor and consultant with my own Council Tax consultancy business. My views are my own reading of the law and you should always check with the local authority in question.
  • National Debtline
    • #6
    • 12th Oct 16, 5:05 PM
    • #6
    • 12th Oct 16, 5:05 PM
    ****Cross posts with CIS****


    Hi GameHarris,


    James has gone home for the day so I thought I would respond to you. You are in a difficult situation and unfortunately, it is harder still to predict what the bailiffs will accept. The key thing to do here is start communicating with them. You should write or email the office directly, and include a SOA to show how you have arrived at your offer and your proposed start date. Ask them to accept this instead of continuing to visit. You can highlight that you are aware you haven't got to let them in, so everything is secure (including things outside).


    They may still visit again, the only way to guarantee this won't happen is to pay it is full. However, they cannot add any more fees now unless they get in or get you to sign something, so it is arguable it is more in their interest now to negotiate with you. Even if they refuse the offer, send it anyway or save the money at home ready. Post a SOA if you need any more help with your offer.

    Laura
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • Herbie21
    • By Herbie21 12th Oct 16, 7:24 PM
    • 715 Posts
    • 906 Thanks
    Herbie21
    • #7
    • 12th Oct 16, 7:24 PM
    • #7
    • 12th Oct 16, 7:24 PM
    Hi
    I have an outstanding council tax debt from Richmond Council which has now been passed to Bristow and Sutor. I havent arranged any repayment plan with them (despite receiving several calls/letters emails from them) yesterday I received a letter hand delivered through my letterbox saying they had tried to collect the debt which had now been increased to include a call out charge.

    Harry
    Originally posted by gameharris22
    Harry,

    How much is the debt that was passed by Richmond Council to Bristow & Sutor?

    Before getting to the very late stage of a personal visit you should have received a Notice of Enforcement from B & S. This notice is vitally important as it invites a payment proposal to be submitted. A Compliance Fee of £75 would have been applied at this stage.

    Did you contact the enforcement company to offer a repayment proposal?

    The main asset that the enforcement agent would be seeking to seize would be a motor vehicle. Do you have a vehicle and if so, is it parked outside of your home?

    If you are considering making a payment to Richmond Council whilst the account is still with B & S, then you need to be aware that most local authorities will forward that payment to the enforcement company so that B & S (in this case) can apportion that payment in line with legislation (by deducting the Compliance Fee (of £75) and splitting the balance accordingly (approx 60% towards discharging the debt to Richmond Council and the remaining 40%, to discharging the balance of bailiff fees).

    The majority of local authorities are now familiar with the correct procedure regarding 'direct payments'.

    The following page outlines the 'pro rata' distribution of payment in more detail:


    http://bailiffadviceonline.co.uk/index/council-tax-national-non-domestic-rate-nndr/can-i-avoid-bailiff-fees-by-paying-the-council



    Bailiff Advice Online
    Last edited by Herbie21; 12-10-2016 at 7:30 PM.
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