Help Please Bristow & Suitor

[Kellyuk]

Hi

 

New to the boards. Just need a bit of advise on how I am to proceed dealing with these guys.

 

I have a council tax debt of 500 pound plus one bailiff visit charge. The bailif called yesterday and I did not answer the door or give the impression I was home. He cant gain access to the property as it is a high rise flat on the 5th floor with only one large front door access. Later in the evening I sent this email to them

 

Dear Sir/Madam,

Re: *******

 

I understand ***** Council has appointed you to recover my Council Tax Liability arrears for £554.28

 

Firstly I would like to make you aware that I am fully aware of my rights and you will not gain entry to my home under any circumstances to levy goods and I know the fees allowed under statute and when these fees can be applied.

 

Due to my circumstances I am unable to pay this in one payment. I advocate a payment schedule of 24 months with 24 months payments at £25.00 to cover the principle. I understand this may seem a long time but this is a realistic offer that is affordable to me and will allow me to pay future bills issued for Council Tax without them falling into arrears. A greater amount would cause me real and actual hardship.

 

I am able to pay the above amount on the last day of each month, Please advise how you would like future payments made. My personal preference is payment by Standing Order.

 

It should be noted that I am not at any point refusing to pay this debt but only asking for a fair payment period considering my circumstances. And if you are unable to accept my offer I will place the money aside each month until such a time the council take the account back into their management, when I will make payment of the set aside money to the council.

 

Please also send an itemised statement of account that clearly shows what charges have been added and what for, you are required in statute to supply this information and I look forward to this within 14 days.

 

I am sending the council a copy of this letter and requesting that it be filled with my account for further reference.

 

I hope the above meets your approval and I look forward to your timely reply by letter.

 

Yours faithfully,

 

I then got this response today

 

 

Dear Sir/Madam,

Re: Council Tax due to :- ********************

With reference to the above we write to advise that your proposals for payment of your Council Tax and costs are unacceptable. We would be prepared to accept payment as follows:-

£278.28 BY 16/03/10 WITH THE BALANCE OF £276.00 DUE 30/03/10

All fees are charged in accordance with Council tax (administration & enforcement) regs 1992

A statement of your account is attached as requested.

Payments must be made direct to ourselves in cash, postal orders or by banker’s draft. Cheques are also acceptable except where payment of a previous cheque sent to us by you has not been met by your bank.

Payment can also be made by CREDIT or DEBIT CARD by telephoning our office on the above number. (Note: All card payments are subject to a surcharge). You may find that, depending on the size of the payment, this is less than the cost of buying Postal Orders.

A receipt will only be issued if you send a stamped addressed envelope with your payment. Your reference number is ***** This must be included with your payment and written clearly on any letters which you send to us.

If you fail to make payment of any of the installments detailed above, the agreement will be cancelled and the full sum will become due and payable.

Further action will then be taken for the recovery of the sums due and, if necessary, your goods and chattels will be seized and sold in public auction. If insufficient goods are available for seizure, a report will be forwarded to the Council, who may make an application to the Magistrates’ Courts, in accordance with the regulations, for your committal to prison. Any further action will result in further charges being incurred, for which you will be responsible.

Yours faithfully,

 

How do I move forward with them now? I obviously cannot afford their request, I am a temp worker at the moment since being made redundant and earn roughly 200 a week most of which goes on rent etc.

 

Please help!

[hallowitch]

send a letter to your council (recorded delivery)and include the letter you sent/received from the bailiff company

[tomtubby]

Hi

 

New to the boards. Just need a bit of advise on how I am to proceed dealing with these guys.

 

I have a council tax debt of 500 pound plus one bailiff visit charge. The bailif called yesterday and I did not answer the door or give the impression I was home. He cant gain access to the property as it is a high rise flat on the 5th floor with only one large front door access. Later in the evening I sent this email to them

 

 

 

I then got this response today

 

 

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How do I move forward with them now? I obviously cannot afford their request, I am a temp worker at the moment since being made redundant and earn roughly 200 a week most of which goes on rent etc.

 

Please help!

 

 

Our business specialises only in providing bailiff advice to the public and what I can say is that rarely ever have I seen a case where a bailiff company would accept payment over a period of time that your are requesting.

 

I am fully aware that your finances are very tight but what has to be understood is that council tax is a PRIORITY debt.

 

Most importantly, it is a well known fact that the local authorities are putting enormous pressure on bailiff companies to ensure that all liability orders passed to them are cleared within the CURRENT TAX YEAR.

 

With people who live in flats etc the situation is very often much easier to resolve.

 

If a bailiff cannot gain entry in premises he will instead normally attempt to levy upon goods outside. This will normally be a vehicle. With people living in a flat this is much more difficult for the bailiff as he will not know what car is owned by the debtor.

 

Normally, this will mean that if the offer of repayment is not acceptable, the bailiff company will very likely return the debt back to the council.