Bristow & Sutor/Council Tax Question

Ninja_Winger

Hi, I have been having relations with Bristow and Sutor over outstanding council tax. I've been an avid reader of here and have followed some of the advice given in other threads but have now come to a bit of a stumbling block in my debacle.

Here's the story so far, it's long-winded...

I had council tax arrears from 2 addresses as I thought when I moved house I would have just the one account and any outstanding amount would be added to the bill for the current address.
A bailiff from B&S visited on 19/2/08, I paid in full and thought the debt was settled. Total was £279.65

On 5/3/08 another bailiff visits also requesting outstanding council tax. I didn't let him in so he levied distress against my boyfriend's car which was parked on the drive. He posted the inventory of goods seized through the letterbox, which I haven't signed. They have charged £42.50 for attendance to levy fees, £34.00 Levy fee and £24.50 for redemption of goods fee.

I phoned the council tax office to confirm the amount and to find out why the accounts were being chased separately. The man I spoke to advised me to pay B&S directly. If I paid the council then the council would have to pay B&S their fees.


On 6/6/08 I arrived home after taking my daughter to school to see a white van parked outside my house. I am normally quite intuitive about things so went round the block instead of pulling on to the drive. When I got inside I round another brown envelope. In the envelope, in red bold caps was a notice telling me the bailiff removal team visited to remove my goods. The charge for this visit was £180.00. How they were going to get the car into the back of a renault master I don't know.

I went to the council office to pay the full amount of the council tax outstanding, which they accepted no questions asked. I stopped in to the CAB offices but couldn't get an appointment until 13/06/08. On 12/06/08 I received a call from the council tax department saying that although I have cleared the council tax amount I still need to pay the charges. She clearly said that the council tax had been cleared but the charges were outstanding and I would need to pay those or they would still come round and remove my property. The impression I got from the conversation was that she was trying to get me to agree to pay the charges without giving the impression that I had a choice.

The next day I went to the appointment with the CAB and explained the situation. The advisor brought up a document which stated

If the client pays debt to creditor but without paying the bailiff's charges, before any seizure has taken place, the right to levy distress is lost and a levy for the charges alone is illegal. For example, if the debt is paid to the creditor, and the bailiff is instructed by the creditor to withdraw, the bailiff cannot levy goods from the client to recover his/her costs

The CAB advisor phoned the council office and spoke to the same woman who had called me the day before. She once again confirmed that the outstanding council tax had been cleared and that only the bailiff fees were remaining. When he quoted the above to her she put him through to her supervisor who said she would have to speak to B&S and phone him back.

Today, I have received a letter from B&S saying under the terms of the liabilty order and the Council Tax (Administration & Enforcement) Regulations 1992, I am liable for payment of the council tax plus the costs incurred by the local authority and B&S. It quotes 52(4) of the CT regulations which states payment shall be allocated against the costs and charges first so the £229.65 outstanding represents Council Tax.

So now I don't know what to do next and was wondering if anyone had any experience of this.

If I haven't signed the inventory is it valid? I am loathe to pay B&S their fees and am annoyed that the council have confirmed, albeit verbally, that I have cleared the outstanding council tax and now they are saying I haven't.

Any advice welcome.

Herbie21

I am a bit confused.

When you say you had a visit on 19th Feb, following a bailiff visit. Did the bailiff gain entry or levy on goods?

What charges did he make?

Was this payment in full for one of the LO's?

Was the visit in March for LO number 2?

Was the visit on 6th June also for LO number 2?

You say that you have now paid direct to the council.How much was the LO for and how much have you paid?

If you can respond, I will advise further .

Ninja_Winger

Herbie21 wrote: »

I am a bit confused.

When you say you had a visit on 19th Feb, following a bailiff visit. Did the bailiff gain entry or levy on goods? Bailiff visited, for the first time on 19/02/08, quoted previous address. I agreed to pay, he said he needed to come in to sort out the paperwork. Levied on general household stuff.

What charges did he make? Council Tax £163.95, Attendance to Levy £42.50, Levy Fee £28.00, Walking Possession Fee £12.00, Redemption of Goods Fee £24.50

Was this payment in full for one of the LO's? Payment made in full £270.95. All o/s council tax paid, I thought.

Was the visit in March for LO number 2? I presume so, different bailiff quoted previous previous address. Didn't let him in, so he levied distress on the car parked on the driveway and posted the paperwork through the door.

Was the visit on 6th June also for LO number 2? Yes. This was the removal team with a van

You say that you have now paid direct to the council.How much was the LO for and how much have you paid? Council Tax £307.35, Attendance to Levy £42.50, Levy Fee £34.00, Redemption of goods fee £24.50. Visit with a van £180.00 Paid to the council £307.35 on 06/06/08, £51.35 also allocated to this account from a payment intended for the current year. Charges remaining of £229.65

If you can respond, I will advise further .

Thank you for your time. :beer:

Ninja_Winger

The visit in February was the first contact I had had with the bailiff. I said I would pay and he said he needed to come in to sort out the paperwork. I did wonder why he was listing my property as I was making payment but didn't know the procedure. Not too worried about that visit as the money is gone now.

I am the registered keeper of the car that has been levied but not the owner, that is my boyfriend. There isn't finance or HP outstanding on it.

I don't know what to do next.

RAS

Herbie

You are a star, but please - go to bed!