Debt collectors wont negotiate

pepperjack

I have around £6000 in council tax arrears, the cases are now with Bristow and Sutor.

Following many years of financial difficulty and ignoring letters I am now living with parents and attempting to resolve my many debts, foremost is this B&S debt.

When I called them a few weeks ago we agreed to repayments of £150 per month but then they called me back almost immediately and said this actually wouldn't be acceptable and managed to talk me into agreeing to pay £320 per month.

I knew I couldn't afford that but thought maybe I could work harder and just about scrape it together but as time has gone by I know I won't be able to pay it.

I called them back a couple of days ago and told them I couldn't afford it, they said "Ok, so you are confirming that you are breaking the agreement", I said yes, I can't afford it, can we make a new agreement please?

They told me I couldn't make a new arrangement and that instead they will be sending an enforcement agent to my house (my parents house) at a cost of £236 to me.

I want to avoid this, not only for the cost but it would be a fruitless trip for the agent since I would never let him into my parents house and I don't personally have any belongings worth seizing anyway.

What do I do? They wont allow me to make a new arrangement and the debt will just keep rising and rising if they keep sending enforcement agents out.

rtho782

Is this them acting as actual court ordered bailiffs, or are they just debt collectors?

If just debt collectors I would refuse to deal with them, and pay direct to the council. Don't talk to them at all, lock doors and windows, don't answer door if you are not expecting someone, make sure kids know not to answer door.

As you're living with your parents, all items at the property obviously belong to them, and there would be no way for them to enforce collection really.

If you have a car, I'd sell it to a family member for a nominal fee or they may run the numberplates of all cars outside your house and take yours.

Talk to the council and come to an arrangement with them directly. Claim serious financial hardship etc.

If the council take the debt back in house the debt collectors fees will usually vanish.

pepperjack

How do I find out if they are bailiffs or debt collectors?

CIS

Very unlikely to be debt collectors for council tax as they have other methods to use, Bristow & Suter are licensed enforcement agents.

rtho782

A long time ago, I owed an amount of council tax, only around £200. There had been a charging order made against me, which was IIRC £70 of the debt. Debt collectors of whatever form had gotten involved and called round. At the time I was living in a shared house, the amount owed being from a previous address almost the second they realised this their demand for around £500 for the debt and their fees became "pay it by monday or else <vague threat>". After monday they sent it back to the council and I only had to repay the original amount.

I'd try to get the council to take the debt back.

DandelionPatrol

pepperjack wrote: »

I have around £6000 in council tax arrears, the cases are now with Bristow and Sutor.

Following many years of financial difficulty and ignoring letters I am now living with parents and attempting to resolve my many debts, foremost is this B&S debt.

Council tax comes first, I believe. How much are you paying your other creditors? If it is pro-rata, you should be paying them just £1/month each until the council tax debt is cleared.

pepperjack

rtho782 wrote: »

A long time ago, I owed an amount of council tax, only around £200. There had been a charging order made against me, which was IIRC £70 of the debt. Debt collectors of whatever form had gotten involved and called round. At the time I was living in a shared house, the amount owed being from a previous address almost the second they realised this their demand for around £500 for the debt and their fees became "pay it by monday or else <vague threat>". After monday they sent it back to the council and I only had to repay the original amount.

I'd try to get the council to take the debt back.

I did try asking the council on the phone but they were having none of it. I would very much prefer to deal with them to be honest.

Herbie21

pepperjack wrote: »

I did try asking the council on the phone but they were having none of it. I would very much prefer to deal with them to be honest.

The amount of council tax arrears is very high (£6,000) and I note that you live at your parents home. The best course of action would be for you to write to Bristow & Sutor (send the letter by email) and to outline your circumstances (that the house is not yours and that your parents will not allow them entry and that you have no other assets). In your letter provide a simple Income & Expenditure and a realistic payment proposal.

If the worse comes to the worst and a visit is made then B&S can charge just ONE enforcement fee of £235 (plus 7.5% as the debt is over £1,500). If you have a car then this could be at risk.

National_Debtline

You could consider a formal complaint against the bailiffs and argue that had the arrangement been left at £150per month you would not have defaulted and the visit would be unnecessary (It is important your budget verifies this - otherwise it may not be worth starting). You can ask them not to visit on this basis and escalate the matter to CIVEA if they refuse. (If they visit in the meantime you could ask for a refund of the £235 fee). Complaints are discretionary so, unfortunately, there are no guarantees.


It is likely that they will visit (as they are able to visit any property where it is reasonable to think you and your belongings are). Make sure the property is locked and secure and that no one lets them in (entry is only valid if the person is over 18years old). They should only try to take the liable persons goods for the debt but if anyone has anything of value outside the property make sure it is hidden or that the relevant person can prove ownership (NB: a V5 document is not proof of ownership for a car - they will need a receipt).


Laura
@natdebtline

poppasmurf_bewdley

pepperjack wrote: »

I did try asking the council on the phone but they were having none of it. I would very much prefer to deal with them to be honest.

Unfortunately, the time is long passed for that to happen. Council Tax is the one debt you cannot get around, and you will have to fall in with the Enforcement Officers.

They cannot, however, remove any goods from your parents house that are not yours. Make it plain to them that you have no goods at the house. If you have a car registered in your name, ensure you park it well away from home or they will find it.

Once they realise you haven't the means to pay the bill, they will probably return it to the council. But be warned, if that happens, the council could apply for a warrant for your arrest, attachment of earnings or even a bankruptcy petition.

pepperjack

Thanks for the advice everyone, I really appreciate it.

I called B&S today to try again to negotiate a reasonable monthly payment figure but they've actually doubled the amount now and won't budge on it. They said it was due to council guidelines and that I'd have to speak to the council about it.

Rang the council who told me to get back in touch with B&S and try sending an income/expenditure, so that was what I was about to do and whilst googling for an email address for B&S I found this website:

(just discovered this forum wouldn't allow me to post a website link, the company is the very first result when googling "bristow and sutor email", the website is Counciltaxadvisors)

They say it's a free service and they'll deal with B&S and the council on my behalf. Should I give them a try or am I missing something?