Council tax debt (Bristow & Sutor)

mermatee

Hi everyone, was wondering if anyone had advice on this; there have been older threads along similar lines, but I wasn't sure if the information in them was up to date or not.

Basically, I defaulted on the current financial years' council tax; I know it sounds naive, I just didn't realise they'd get quite so demanding before the current financial year is even up. I currently owe £1009, and must have missed a letter or two hear and there. I accept that's my fault; my organisational skills have not been great this year (I have cystic fibrosis and a series of mental health problems, and I've been in and out of hospital this year).
Anyway, I've had a letter from Bristow & Sutor, and they were demanding £100 a week. I can't afford that much, although can maybe afford £50 at a stretch. I've been advised by a friend that I CAN pay the council directly, and that will go towards reducing my deficit, but I rang the council earlier, and got through to a rather angry-sounding man who kept insisting that it was a terrible idea and that I need to contact B&S although he can't promise they'll be "nice" about it. He also said that the council would not accept the debt back under any circumstances once it's reached this stage because I've had plenty of warning.

What worried me about B&S is that they might not accept what I can afford to pay, and will insist on visiting my flat to levy my belongings in order to accept that. I don't want to be in a situation where they're allowed in my flat because I've let them in once before, and honestly, I happily admit, I'm not very good at standing up for myself. I live alone, and don't do so well against intimidating types, and, from what I've read, these guys are all about the intimidation tactics.

So my questions, I guess, are:
1) Should I get in touch with them?
2) Is it worth getting in touch with a third party debt advisor who can deal with them for me?
3) Do I have any rights at all in this situation?

Thanks for your time.

National_Debtline

Hi Mermatee and welcome to MSE,


To answer your questions you should get in touch with the bailiffs but do it in an email or letter and try and avoid the phone or face to face discussions with them. Send them your SOA and make them a monthly offer. I wasn't quite sure what you meant in the last paragraph of your post about entry but as long as you haven't let these bailiffs inside before for this debt and as long as you haven't signed anything with them they cannot force entry. They can only come in if you let them in or if they find open or unlocked access. Keep your home secured and hide any assets outside your home. Check who is at the door before you answer it and if you think it is a bailiff, ignore them. (However, if you have let these bailiffs in before for this debt you should get free telephone advice ASAP).


You could try and use your local CAB to help with this debt but there are very few other free, reputable agencies that can help with council tax.


As long as you haven't let them in then you have more control of the negotiations than you think. You can only pay what you can afford and if the bailiffs refuse you can either pay the council directly (but you must keep a record of what you have paid and you will still have to pay the bailiffs fees at some point) or you just save the money you can afford to one side/ in a bank account until you have enough.


As one last point you could right to the council (don't call) and outline your health issues and that you may be classed as vulnerable and see if they would reconsider taking the debt back. I know the advisor said they won't, (and it is rare) but it is possible. Send a letter/ email and see what they say (the worse they can say is no). Good luck,


Laura
@natdebtline

mermatee

Thanks for your advice, Laura, much appreciated. I will try and outline my health problems to the local council and see if it can add a layer of protection. The man I spoke to earlier had an air of "Oh, of COURSE you can pay it now you don't want to have to deal with bailiffs" and clearly thought I was wasting his time.

I haven't let the bailiffs in, I don't think they've even visited. What concerns me is that, if I write to them, they'll tell me that they won't agree to x amount unless they come into my property to take account of my belongings. Do they have any rights in that situation, or is it just a case of empty threats and them eventually having to accept my offer?

Also, sorry to be dense, what is an SOA?

Thanks

National_Debtline

Hi Mermatee

I hope you don’t mind me replying as Laura isn’t around at the moment.

An SOA stands for a ‘statement of affairs’. It’s essentially a monthly financial plan to show your income and how much you realistically need to live on and pay the bills. Any surplus will show how much you can afford to pay towards debts each month.

There is a SOA template here:
www.stoozing.com/calculator/soa.php

The bailiffs do not have any right to force entry at all, providing you don’t allow them inside in the first place to take control of goods. They may say they’re not accepting your offer and they want to come inside but that doesn’t change anything. Don’t let them in, keep any vehicle you own in a garage or out of the way, and you’re in the driving seat for the negotiations. Either they accept your offer or you’ll save it up. They’ll pass the case back to the council when they lose interest.

In terms of the council advisers’ comments on them taking the debt back, I completely disagree. There are two sets of guidance saying they absolutely can take the debt back, and should be prepared to take the debt back for people who may be vulnerable.

The ‘Taking control of Goods: National standards’ covers it in point 16:
www.gov.uk/government/publications/bailiffs-and-enforcement-agents-national-standards

The ‘Council Tax: guidance to local councils on good practice in the collection of Council Tax arrears’ covers it in point 4.5.
www.gov.uk/government/uploads/system/uploads/attachment_data/file/210478/Guidance_on_enforcement_of_CT_arrears.pdf

Quote these points to the council and see whether they change their tune. Threaten to complain to the Local Government Ombudsman if they refuse to comply with two sets of guidance, as your vulnerability could lead to undue stress and adversely affect your health. It's best to put all of this in writing to the council, and send any medical evidence you can such as doctor's notes.

James
@natdebtline

fatbelly

I agree with James. I meet this a lot with my council.

However, I find they change their tune if you can get your local councillor involved. Check who that is by putting your postcode into

https://www.writetothem.com/