Bristow & Sutor - Council Tax Debt

I've recently moved in with my boyfriend, in place of a previous housemate, only to discover they are in a real mess with their Council Tax. Apologies that this is a long post.

Timeline is as follows:

- They moved in February 2018

- Various payments missed meaning a Summons for Non-Payment was issued on 14th June 2018 with a hearing date of 19th July 2018. The balances included were £106 (for Feb-March) and £1053 (for April 2018 - March 2019). There was a suggested payment arrangement in the letter of £138 per month for 9 months.

- They made a payment of £338 on 25th June, which they thought would stop any proceedings.

- Additionally, their names were incorrectly listed (e.g middle names instead of forenames) on the council tax liability so this was rectified via email to the council on 25th July.

- Failed to make further payments and have received a 'Notice Prior to Compliance Stage' letter on 10th October 2018 from Bristow & Sutor, asking to reclaim a total of £904 (including costs). This letter has only been discovered today, and it said they have to contact them within 14 days of this letter or further action will be taken. I'm guessing this means bailiff action.

The previous housemate is no longer in the country, leaving my boyfriend and I to deal with it.
I have no experience with bailiffs or these kind of agents, and would appreciate guidance on how best to deal with this.
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  • molerat
    molerat Posts: 31,695
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    BF has got to realise CT is a priority debt and it needs paying. Shortly you are going to have men with a van knocking at your door to take away belongings so be aware you do not have to let them in, they cannot force entry. Does he have a car parked at the premises ? The easiest way to make this go away is to pay but I assume that is not possible so you can try the council to see if you can sort out a payment plan with them but as he has failed to pay previously they do not have to agree, council tax is due in full in April but they let you pay over the year unless you fail to pay as agreed. How much can you afford to pay now ?
  • sourcrates
    sourcrates Posts: 28,721
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    Hi,


    As said above, council tax is a priority payment, councils can instruct bailiffs using powers given to them by government, usually a liability order, they don`t need to use the courts.

    Realistically how much money can you raise towards this debt today ?

    Because the next stage is them knocking on your door seeking full payment, or removal of valuable goods (you must of seen the TV programs).


    Best advice is don`t allow them entry under any circumstances, try and deal with this in writing only, ignore the calls for full payment now, if you can`t pay it all in one go, pay as much as you can, as soon as you can (you are now liable for their fee`s as well) and in future make sure he pays on time to avoid this happening again.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • jbdk92
    jbdk92 Posts: 6 Forumite
    He does have a parked car, but we're in a small block of flats and the space isn't numbered, so they wouldn't be able to tell who it belonged to. However I'll tell him to park elsewhere just in case.

    I imagine it's beyond being able to deal with the council now surely?

    Is it likely that B & S will accept a payment plan? We're both on a good income and are willing to pay and be compliant, but we can't immediately produce £904. Can they refuse a payment plan and what happens if they do?
  • CIS
    CIS Posts: 12,260
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    Are the council aware you have moved in ? If so, they should have apportioned the council tax account.


    I would argue that the council tax charge needs amending so that the original demand notice would be significantly reduced as only the period from Feb to when you moved in would remain part of the liability order. The balance from when you moved in until 31 March 19 would revert back to allowing instalments to be paid as it would be subject to a new demand notice,.



    It is unfortunate however that many councils don't take account of the relevant legislation correctly and it is often the case that the point needs to be argued with them.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • CIS
    CIS Posts: 12,260
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    I've recently moved in with my boyfriend, in place of a previous housemate,
    The council tax account should also have been apportioned at this point if it was prior to you moving in (otherwise it would fall part of the same apportionment as mentioned in my other post).
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • sourcrates
    sourcrates Posts: 28,721
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    jbdk92 wrote: »
    He does have a parked car, but we're in a small block of flats and the space isn't numbered, so they wouldn't be able to tell who it belonged to. However I'll tell him to park elsewhere just in case.

    I imagine it's beyond being able to deal with the council now surely?

    Is it likely that B & S will accept a payment plan? We're both on a good income and are willing to pay and be compliant, but we can't immediately produce £904. Can they refuse a payment plan and what happens if they do?


    You can approach the council by all means, in fact that`s what i suggest you do first, they may take the account back if you explain the circumstances.

    Bailiffs always demand full payment, and in real life are extremely reluctant to agree to payment plans, they ignore letters/calls/emails, and basically make life hard for you, unless you pay in full, this is why i said just pay as much as you can, when you can, without looking for their agreement.

    Bailiffs only attend a call 3 times if they can`t get access or full payment, the account gets passed back to the council.


    CIS is our resident expert in these matters.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • jbdk92
    jbdk92 Posts: 6 Forumite
    First of all, thanks for everyones replies. I'm new to the forum so apologies if I'm not following the correct procedure of individually replying.

    CIS - I moved in in August but didn't inform the council, do you think it is worth me calling the council tomorrow and telling them this?

    Sourcrates - If we were to make an online payment today of say around £300, surely this would still mean they'll still come to the door anyway? I'd just like to do anything to not have them knocking at the door, although maybe this is unavoidable :(
  • CIS
    CIS Posts: 12,260
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    jbdk92 wrote: »
    First of all, thanks for everyones replies. I'm new to the forum so apologies if I'm not following the correct procedure of individually replying.

    CIS - I moved in in August but didn't inform the council, do you think it is worth me calling the council tomorrow and telling them this?

    Sourcrates - If we were to make an online payment today of say around £300, surely this would still mean they'll still come to the door anyway? I'd just like to do anything to not have them knocking at the door, although maybe this is unavoidable :(


    You should contact the council ASAP and ask that they update the accounts accordingly.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • jbdk92
    jbdk92 Posts: 6 Forumite
    CIS wrote: »
    You should contact the council ASAP and ask that they update the accounts accordingly.

    Hi again

    Been unable to reach the council via telephone this morning. Also, I've just checked the council tax account online and not only are the names (liable parties) still incorrect but it says there is no enforcement action in place. I checked the bailiff letter and the addressees are also incorrectly named.

    Really confused.
  • CIS
    CIS Posts: 12,260
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    jbdk92 wrote: »
    Hi again

    Been unable to reach the council via telephone this morning. Also, I've just checked the council tax account online and not only are the names (liable parties) still incorrect but it says there is no enforcement action in place. I checked the bailiff letter and the addressees are also incorrectly named.

    Really confused.


    In respect of the online account systems don't be overly concerned about no mention of recovery action as that is common, the online systems tend to be quite simplistic and show only the basic payment details.

    the addressees are also incorrectly named
    In what way ? They should always match what is shown on the liability order.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
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