Bristow & Sutor repeating enforcement of CT one month after it was paid in full!

Quash the Liability Order. Suspend Enforcement. Disputing Liabilities. Claim Damages for Misuse of Enforcement Power.
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michael2017
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#1 Bristow & Sutor repeating enforcement of CT one month after it was paid in full!

Post by michael2017 » 20 Oct 2017 19:52

Bristow & Sutor sent me an email with an enforcement letter attached, saying they have been instructed to collect outstanding Council Tax on behalf of the council for the sum of £244.65. I was deeply shocked by this, as it came almost one month after I negotiated and paid a full settlement with them and the council for the exact same amount. I was approaching the end of my tenancy at the time so I was able to settle the outstanding amount in full up until the date of vacating the property.

Both B & S and the council had demanded my forwarding address in order to proceed with any settlement, so I, very reluctantly, gave it to them, even though it was not confirmed at that time. So they are now pursuing me at my new address, which they have put at the top of their new enforcement letter. I believed I was rid of them having paid up in full, so their action feels like harassment as, having now moved to a different area, I am no longer liable for council tax to the Council in question.

I went on to my old council's website to check the status of my council tax account. It does not show the final payment of £244.65 that I paid to B & S for the settlement. At the time, the council would not accept the payment directly from me, and had told me to pay B & S. Now I have to contact the council tomorrow to find out if they received the payment from B & S. Has anyone here got any advice for me at this stage, as I am 'gobsmacked' to put it mildly.

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Schedule 12
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#2 Re: Bristow & Sutor repeating enforcement of CT one month after it was paid in full!

Post by Schedule 12 » 20 Oct 2017 21:15

When a liability order is steeled via a bailiff, everything paid is given to the creditor then after that, the bailiff can take his fee. It is not apportioned like proceeds of enforcement (proceeds from the sale of goods).

If the liability order amount is paid, then give the bailiff a paragraph 59 notice telling them the "amount outstanding" has been paid. Once that is paid, the enforcement power ceases. The bailiff cannot take control of goods to recover fees.

In any case, if the bailiff has not given a notice of enforcement, then no fees are owed.
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michael2017
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#3 Re: Bristow & Sutor repeating enforcement of CT one month after it was paid in full!

Post by michael2017 » 20 Oct 2017 21:56

Hi & thanks for the reply. When I received the original enforcement letter back in early September, I was told to pay a 'Compliance Stage' fixed fee of £75 or face imminent action from B&S. I paid the fee over the telephone with them, to keep them away until I had arranged the full settlement.

However, now they have sent me a new 'ENFORCEMENT PROCESS COMMENCED' letter by email (with the same case ID as the original), for a CT payment which I already made to them on 14 September 2017, being the full payment of the outstanding amount. The new enforcement letter has the same terms, i.e. a 'Compliance Stage' fixed fee of £75, which I certainly do not want to pay as I do not owe any money to them or to the council. How should I get them off my back?

michael2017
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#4 Re: Bristow & Sutor repeating enforcement of CT one month after it was paid in full!

Post by michael2017 » 20 Oct 2017 22:03

Regarding the 'paragraph 59 notice' you referred to, where can I find that notice? Can I send it to them via a message on their website? They do not accept replies to the email address their letter was sent from: <donotreply@bristowsutor.co.uk>

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Schedule 12
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#5 Re: Bristow & Sutor repeating enforcement of CT one month after it was paid in full!

Post by Schedule 12 » 21 Oct 2017 09:28

Address and email is.

A director
Bristow and Sutor
Bartleet Road,
Washford
Redditch
Worcestershire
B98 0FL

enquiries@bristowsutor.co.uk

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michael2017
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#6 Re: Bristow & Sutor repeating enforcement of CT one month after it was paid in full!

Post by michael2017 » 21 Oct 2017 20:23

Thank you so much for the information and the template.

When entering my address, am I obliged to enter my new address, as the letter I received via email from B&S yesterday has my new address at the top of it? Or should I enter my old address, for which the Council Tax was liable, and where the original letter of enforcement from B&S was sent to?

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#7 Re: Bristow & Sutor repeating enforcement of CT one month after it was paid in full!

Post by Schedule 12 » 21 Oct 2017 21:28

It doesn't matter what address you use so long as you get a certificate of posting.
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michael2017
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#8 Re: Bristow & Sutor repeating enforcement of CT one month after it was paid in full!

Post by michael2017 » 21 Oct 2017 22:38

A further note: the template shows the outstanding amount being paid to the creditor, but as I mentioned before, the Council specifically requested that I make the payment to Bristow & Sutor, so I made a bank transfer to B&S's account using the details they gave to me.

Before sending my letter to B&S as you advised, perhaps I should first contact the Council on Monday, just to check if they have actually received my payment of outstanding Council Tax from B&S?

If it turns out they never received this sum, would B&S have acted illegally by withholding it? Is it worth pursuing?

michael2017
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#9 Re: Bristow & Sutor repeating enforcement of CT one month after it was paid in full!

Post by michael2017 » 21 Oct 2017 22:39

Thank you I will make sure I get a certificate of posting.

michael2017
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#10 Re: Bristow & Sutor repeating enforcement of CT one month after it was paid in full!

Post by michael2017 » 24 Oct 2017 00:04

I phoned the Council today and discovered that the payment of outstanding Council Tax that I transferred to B&S on the 14th September has not been found on their records. Having read on this forum that no fees should be paid if no action has been taken, I am now questioning whether I should have paid the Compliance Fee of £75 to B&S at the beginning of this affair, or at all.

B&S are the only party in this matter that have not complied with the law, as far as I can tell. Am I right, and if so, should I be taking legal action to cover my loss of earnings following the time I have had to take off my work, due solely to their unnecessary harassment and failure to deliver my payment of outstanding Council Tax to the Council?

Edd
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#11 Re: Bristow & Sutor repeating enforcement of CT one month after it was paid in full!

Post by Edd » 24 Oct 2017 00:24

Dear Michael,

Please do not be alarmed nor distressed - log onto for eg., YouTube, type in the aforementioned company and see how some of their so called reps...behave. Using words like 'scandal' 'bullies' 'rip-off' to name but a few may possibly help.

When ready, supply your evidence to whom you may see fit and begin to question the real motives of these companies.

No. They are not above the law.

Regards

michael2017
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#12 Re: Bristow & Sutor repeating enforcement of CT one month after it was paid in full!

Post by michael2017 » 24 Oct 2017 19:56

Thanks Edd. Actually my word for them is simply 'criminals'.

Edd
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#13 Re: Bristow & Sutor repeating enforcement of CT one month after it was paid in full!

Post by Edd » 24 Oct 2017 22:17

Some may say bullying, intimidating bastards. Funny how if for eg., you or I used same tactics versus joe-public it could be deemed as just that. Causing a scene breach of peace etc., etc.

No matter what the circumstances and suchlike. Far too many examples unfortunately point towards more cases of injustice and poor behaviour by those supposedly setting a good example? Complaints fall to deaf ears.

They deserve zero respect.

michael2017
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#14 Re: Bristow & Sutor repeating enforcement of CT one month after it was paid in full!

Post by michael2017 » 31 Oct 2017 15:33

I received a letter today from B&S, informing me that,

"We confirm following on from the proof of payment you have sent to us we have located the £244.65 payment made on 14.09.17. You failed to quote your Bristow & Sutor reference with the payment, instead, the reference quoted was ‘Bristow and Sutor’ and therefore once received into our bank we did not know whose account this was meant for. It has therefore remained in our ‘unreferenced’ account.

The payment has now been set for allocation to your balance and therefore we can confirm your account with a case ID of 1167-4612149 has now been paid in full."

I have since contacted the Council to enquire whether they had now received the payment for outstanding council tax from B&S. The person I spoke to told me they have not yet received the payment, & that it usually takes up to 10 days for these payments to be processed. They 'promised' to send me confirmation when the balance has been paid.

Meanwhile, my account on the B&S website now shows 'Payment Overdue. £24.65 in arrears', this being part of a 'Current Arrangement To Pay' in 10 weekly payments, for the sum that I have already paid. So I requested that the Council contact B&S to withdraw their enforcement action. I was informed that they have 'made a note to contact B&S' to confirm the balance is cleared. However, I have no reason to expect that they will do anything to cancel this enforcement, as they promised to take action over a week ago when I sent proof of payment, & did nothing.

I wonder, are these people aware of how much they are contributing to the real existing dystopia of modern life?

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Schedule 12
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#15 Re: Bristow & Sutor repeating enforcement of CT one month after it was paid in full!

Post by Schedule 12 » 31 Oct 2017 15:48

You must give notice to the bailiff company the debt has been satisfied. Otherwise, the bailiff is not liable for damages if he takes an enforcement step.

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