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Bristow & suitor payment plan help

27 replies

eclipse1808 · 13/04/2019 14:59

Hello, I have an account with Bristow & suitor (collection agency) for unpaid council tax on my previous property. It was a very difficult time in my life, was using foodbanks ect at the time but none of that matters. The original amount was £35 but ended up going to £100 after court fees and now £175 after their fees. I’ve set up a payment plan with them as I cannot afford £175 straight up. I have already paid a few weeks and owe £140 now.

My car has died and I’ve managed to come to an arrangement where my car gets fixed quite soon for free and I pay back more than I would’ve if I had the cash spare now when I get paid. However I work at 5am when no buses run so will have to use taxis to work and a bus home so cannot afford my usual £10 a week payment to them. I rang yesterday to tell them the situation (which added £7.50 to my phone bill!) and they said if i dont pay the installment on time next week the whole amount will be due again and they will be coming back to the house.

They said that legally, I have to pay the balance within a certain time limit and won’t accept reduced payments for a few weeks. I said i’ll pay them the rest when I can, in a few weeks, not good enough apparently. The thing is I’m happy for them to come to my house but I’ve had debt collectors in before and they said there’s absolutely nothing in the house they are allowed to take (very old tv, no consoles, old mobile phones, no luxury items at all, just 1 small sofa) just my car which is a ford fiesta 02 plate with scrapes and almost 200k miles so not really worth anything either.

Is what they’ve said correct? They said if I don’t make the payment next week they’ll be here to take my car which will mean I’d loose my job because I can’t afford to use public transport permanently to get there. Are they just trying it on? Like I said, i’ll pay as much of it as I can once this problem has gone and even pay a little more when I get paid but she said she would be breaking the law by giving me longer to pay

OP posts:
PepsiPeach · 13/04/2019 15:49

Bristow and suitor are not debt collectors. They are bailiffs. They don't mess about. They can't just come in your house and take anything though. They would need a court warrant to do so. The same applies for your car. It's highly unlikely they would do so for such a small debt.
Is there no one that can lend you the money to get to work?
The part when she has said she would be breaking the law by letting you pay late is complete bullshit. There is a very good website called Debt Camel you should check out. Lots of helpful info on there.

eclipse1808 · 13/04/2019 16:04

Thankyou and I have been able to borrow some money but its not enough to get to work AND pay the installment so they’ll have to wait a week or two and then i’ll pay the extra when I get paid at the end of the month thanks for your help. I’ll look at the site now!

OP posts:
PepsiPeach · 13/04/2019 18:12

I hope it all works out ok for you OP.
Many people (my younger self included) have been in your position before and have made it out the other side. Maybe when it's fixed park you car down the road or on a neighbour/friends drive for a few weeks until it's all sorted just in case.

ivykaty44 · 14/04/2019 09:04

I’m really sorry but.. the B&S payments are your top priority as they are for unpaid tax
Tax is different and not a bill, if you stop paying then things can escalate further - you could end up in court eventually and in very rare cases a prison sentence- it’s very rare.

If you stop paying now you could find yourself having the money directly taken from your wages - you already had a court summons and the council will have set up a liability order at this stage. They can take a percentage of your wages directly and it could well be more than the £10 per week your paying now.

It is unusual for councils to use bailiff for such a poultry amount, but in your case they have.

Use the website step change, visit citizen advise

How far is work? No bus at 5am but quite roads to use other modes of transport?

Danni91 · 14/04/2019 09:09

B&S dont deserve your money. Bailiff fees are extortionate and you can ring the council office and ask for them to send it back to them.
For what it's worth if you ignore b&s long enough they send it back to the council minus their huge fees.
They may knock your door but you don't answer it, any threats of police, locksmiths, breaking in ect are all absolute lies it is not a criminal matter so no police will get involved and they would never be granted the correct paper work from court to break into a domestic property for a non criminal fine.
Do your self a favour and spend a few weeks with your door locked and save yourself a few hundred pound.
They will send it back to your local council and you can pay them directly the original amount owed.
Bailiffs are nothing more than glorified bullies in a uniform with 0 rights.

Danni91 · 14/04/2019 09:12

If you have any vunerabilities in the house, young kids, pregnant, mental health issues, disability ect theyll send it back to council alot faster if you email them proof.
Then you can pay the £35 to the council. Disgusting to try and push people who already can't pay bills futher into poverty with these added fees.
You do not have to pay the bailiffs charges.

ivykaty44 · 14/04/2019 09:13

Danni

Wouldn’t it be better if the op just paid the £135 to the council directly now - then she wouldn’t have to ask for the bill to be sent back, as the bill and court costs(which aren’t refundable) would be paid therefore council would be happy

Chlo1674 · 14/04/2019 09:17

No advice I’m afraid but this is absolutely outrageous! I hope you find a resolution to this soon OP.

Danni91 · 14/04/2019 09:21

The council would then just transfer extra fees over to the bailiffs and keep their owed. She's funding someone who is self employed by Bristow for sending her a letter out.
If she could afford to pay it and just wanted it gone then that would be her choice and fair enough but seeing as she can't afford to pay the original debt shes going to really really struggle paying even more.
And when legally she doesn't have too if she can brave it out for a few weeks, I wouldn't say paying it is the best option
But that's just me and I was in this situation only a few years ago and I learnt an incredible amount from it so I try to help but it does come down to each to their own really

Also to the OP a bailiff can not take your car unless you sign a peice of paper agreeing, and a 02 fiesta with no keys or v5 is not gonna fetch anything past £50 scrap at auction. They usually just use it as a threat. The car has to cover the entire debt to be taken.

ivykaty44 · 14/04/2019 09:39

It’s just that as the op hasn’t paid the bill originally or gone to the council to set up a payment schedule it’s now gone to bailiff

Why would the council think now we’ll lets get the bill back... unless they could see op was paying instalments each week already

It’s not like the council haven’t sent reminders, then a court summons and at each point op has had a chance to make contact and get a special payment plan

If it was me I’d go to council Monday and get a copy bill and then start paying £10 directly to the council using the barcode on the copy bill

Then in 3/4 months it will be paid

And like you say ignore bailiff if op can brave it out

Council will be getting there money

PepsiPeach · 14/04/2019 11:21

The most stupid advice ever is telling someone to ignore bailiffs! Every time they visit your house they will add more changers to your account and that is how small debt spiral out of control. The charges have nothing to do with the original council tax debt and they will keep coming for them! Even if the debt fours back to the council B&S will still keep coming for their charges from you! DO NOT ignore them!
Bailiffs can also force entry into your home as a last resort.

eclipse1808 · 14/04/2019 11:33

I’m not saying I wont pay it. I have to pay £10 a week for 14 more weeks and I can’t afford to pay anything at all until I get paid from work then I can pay for the weeks missed and continue with the £10 a week until its paid but they said no the second I don’t pay the £10 my car is going to be taken. I rang the council to ask them to take it back they refused. It’s really upset me because I asked to pay the £35 in 3 installments and they refused and sent it straight to court. Once it had been to court I couldn’t afford the £105 now brisow and suitor have it and I’m paying more. I’m studying a degree as well as working part time with 2 kids hoping to make a better life for them but because of the way universal credit works, my student loan is taken into consideration as income (even though i’ll have to pay it back) so I have to live off my part time wages. I have an agreement with landlord to pay my rent in lump sums when i get my student loan installments which means as soon as I get it, it’s gone. Which leaves me paying 15% of nursery fees, afterschool club and all the regular bills / food with just £650 a month.

I was so much better off before I started uni. Thankfully it’s my last year and DS will get 30 hrs funding next year so I’ll be able to at least work full time while looking for a graduate job

OP posts:
eclipse1808 · 14/04/2019 11:36

Also to PP Actually my first priorty is not debt its keeping my job so I can feed my kids

OP posts:
Danni91 · 14/04/2019 11:51

Pepsipeach that just is not true.
Bailiffs will not come for their charges when they send it back to the council.
Why would they get paid for a job they haven't done?
Please research in to it before saying things like that.
The thought of bailiffs are quite scary but when you know your legal rights, it is not a bother at all.

Danni91 · 14/04/2019 11:55

Eclipse honestly they will not take your car. Park it away from your house on the road or in the next street if you are worried.
Contrary to popular belief and the bullshit they spout they cant just come and take your property for a civil debt. They will say all sorts to scare you but don't forget all they want is to earn their money.

ivykaty44 · 14/04/2019 13:33

Danni92 talks so much sense

ivykaty44 · 14/04/2019 13:35

Apart from it being a civil debt...not sure tax is classed as a civil debt

zenasfuck · 14/04/2019 13:46

They cannot force entry to your home. They can enter through an open door so keep everything locked at all times. Pay the money you owed for the original debt to the council directly and no more to Bristow and suitor. They will keep visiting and calling - ignore, do not engage at all. They can only charge for 3 visits but can visit as many times as they like. Once they k ow the debt is paid to the council they'll probably give up as its not worth their time.
Honesty don't panic. Keep everything locked, ignore the debt collectors despite all their threats

dirtystinkyrats · 14/04/2019 14:49

I would go to citizens advice and get them to help you make a formal complaint to your council if you haven't already - sending a £35 debt to court and bailiffs is ridiculous.

PepsiPeach · 14/04/2019 16:09

In certain circumstances bailiffs CAN force entry to your home. If you have already let them in before they can. National Debtline, citizens advice, debt camel websites all say so! The OP has already mentioned she was considering letting them into her home if they come again! If they get a court order they can force entry.
I don't need to research it. I have dealt first hand with Bristow & Suitor regarding council tax and they will come for their charges regardless of the debt being paid directly to the council. Their first priority is paying their own charges and then the debt. They have done a service to the council by trying to in force the debt. You are not their client, the council is. I paid off my council tax debt with them. They then decide to take their own charges out of the payments unbeknown to me and then send it back to the council half paid.
They can't take you car if it's worth less than £1300 and you need it for work OP.

OP you need some real debt advice form professionals not people on Mumsnet who are just giving you conflicting information and opinions!

Danni91 · 14/04/2019 17:45

OP hasnt let them into her home and the forceful entry would still need the correct warrant from the court plus a signed goods agreement with her signature on, which is where the bailiffs come around and discuss what can be removed but she still has to sign this levy for it to be valid.
Hopefully now she's posted she won't let them in let alone sign a thing.

I'm sorry you was caught out with them, that's shit. If you had got the correct advice before hand it need not of turned out that way but it isn't as simple as just paying the council instead, the debt needs to be returned to them by b&s which they will do on average (though can be shorter or longer) after 3 months of contact / payment. Much faster if any vunerabilities are in the household.

elizalovelace · 15/04/2019 10:52

Any chance of maybe riding a bike to work for a while instead of paying for your car? The roads are quiet at that time, if you don't have a bike maybe you could borrow one. Just an idea for the short term.

eclipse1808 · 15/04/2019 11:39

I could ride a bike to work at 5am but I don’t have one and cannot purchase one. I live in an area where I don’t know anyone so cannot borrow and I can’t take my children to nursery on a bike then get to uni on a bike

OP posts:
eclipse1808 · 15/04/2019 11:42

It’s all sorted now thanks I’ve emailed to say Sorry don’t have the money for 2 weeks will repay extra once paid, got an email back saying the repayment plan is cancelled & enforcement will proceed. Won’t be answering the door the car isn’t worth them taking and wont be at my house anyway. I have an online account where I can pay with my card and will just do that when I get paid as the facility can’t be removed. What they decide to do after that is up to them but surely they can see if they don’t accept my money they wont get any

OP posts:
FiveShelties · 15/04/2019 11:46

Will they add more fees if they go for enforcement?