Bailiff appeared out of the blue.

[rascaluk]

Got home from shopping today (Saturday) to find a piece of paper through the door headed Marston group. Hight Court Enforcement Officers with the title

 

Removal Notice on it and my name and an account number.

 

Thr next bits were blank where it said:

 

Due to:

Fees Incurred today:

Amount to be paid imemdiately.

 

Below that there was the name of an enforcement agent and his mobile number.

 

I googled Marsden and spoke to a girl there who informed me I owed some council tax money on an apartment from 2005, which is true.

 

However, up until May this year I had been paying it back direct to the council at an agreed rate of £120 and had paid off masses of it. Then, I got behind with a couple of payments due to baby/wedding/funeral costs and then this today.

 

No warning letter saying the bailiff would call. Marsden Group insist they sent me a letter saying it was passed to them which is untrue and I have had nothing forewarning of this visit, so I'm after advice.

 

I'm quite happy to restart the payment plan with the Council to get it all done with but I'd really rather not pay the bailliff.

 

I called his mobile and he "helpfully" agreed to meet me at my house on Monday after he had spoken to the council because he didn't even know the amount he was collecting for, he was talking about Walking Possession etc...

 

Now having read a few forums I don't think I am going to let him in and will meet him outside, would this be prudent?

 

He said they normally want three repayments on a payment plan but he would try and do something more reasonable with it being Christmas etc. To be fair, he was fine on the phone and perfectly pleasant.

 

I intend to speak to the council first thing Monday and ask if I can continue to pay through them...does anybody know if this will be possible or once it has been handed over to the bailiffs is that it?

 

If the council refuse what is my best course of action with this guy.

 

Fully happy to pay the debt, just I may not be able to pay it under the terms they will prob want.

 

Any advice greatfully received guys..

 

thanks in advance...

[Clairesey]

I know v little about these matters but what I do know is don't under any circumstances let him in, or sign anything, g'luck

[Mr. Kipling]

Got home from shopping today (Saturday) to find a piece of paper through the door headed Marston group. Hight Court Enforcement Officers with the title

 

Removal Notice on it and my name and an account number.

 

Thr next bits were blank where it said:

 

Due to:

Fees Incurred today:

Amount to be paid imemdiately.

 

Below that there was the name of an enforcement agent and his mobile number.

 

I googled Marsden and spoke to a girl there who informed me I owed some council tax money on an apartment from 2005, which is true.

 

However, up until May this year I had been paying it back direct to the council at an agreed rate of £120 and had paid off masses of it. Then, I got behind with a couple of payments due to baby/wedding/funeral costs and then this today.

 

No warning letter saying the bailiff would call. Marsden Group insist they sent me a letter saying it was passed to them which is untrue and I have had nothing forewarning of this visit, so I'm after advice.

 

I'm quite happy to restart the payment plan with the Council to get it all done with but I'd really rather not pay the bailliff.

 

I called his mobile and he "helpfully" agreed to meet me at my house on Monday after he had spoken to the council because he didn't even know the amount he was collecting for, he was talking about Walking Possession etc...

 

Now having read a few forums I don't think I am going to let him in and will meet him outside, would this be prudent?

 

He said they normally want three repayments on a payment plan but he would try and do something more reasonable with it being Christmas etc. To be fair, he was fine on the phone and perfectly pleasant.

 

I intend to speak to the council first thing Monday and ask if I can continue to pay through them...does anybody know if this will be possible or once it has been handed over to the bailiffs is that it?

 

If the council refuse what is my best course of action with this guy.

 

Fully happy to pay the debt, just I may not be able to pay it under the terms they will prob want.

 

Any advice greatfully received guys..

 

thanks in advance...

 

If they refuse just use their automated payment system. They can do sweet FA about it and they'd have to call off the bailiff.

[woodside]

Don't let them in. Whatever you do if you're self-employed make sure you get a form which you fill in so they cannot take your vehicle. (see my posts this week)

Woodside

[rascaluk]

Thanks guys...

 

Where would continuing to pay the council via their automated system leave me in regards to the bailiff.

 

If they eventually force entry into my home, presumably they would take goods amounting to what they have been issued by the council, not any updated amount as I have been paying?

 

Also if I refuse to deal with the bailiff what is his procedure for actually breaking in legally? Time periods etc?

 

Ta,

 

Paul

[hallowitch]

a bailiff cant force entry into your home

 

he must gain entry by peaceful means through an unlocked door (keep your door locked at all times) open window or you invite him in

 

don't even answer the door to him or he will be in your house before you know whats happening

if you have a garage, garden shed or greenhouse keep them locked at all times

don't leave anything in your garden not even an old spade

if you have a car don't leave it on your drive or in your street (unless its on HP or finance)

its not against the law to refuse the bailiff entry he cannot get a locksmith or the police to gain entry

there is no law saying you have to deal with bailiffs collecting council tax

as long you keep them out your house and the don't get a levy the bailiff has no power

[rascaluk]

Ah right, thanks. Sorry I thought they were legally entitled...

 

So the line on the Removal Notice that says:

"Should you fail to make immediate payment we may re-attend your premises and remove goods even in your absence (as in accordance with the law).

 

...is just a threat then?

 

Thanks..

[hallowitch]

"Should you fail to make immediate payment we may re-attend your premises and remove goods even in your absence (as in accordance with the law).

 

they can only re-attend and remove goods if they have previously been in your home and have a Walking possession agreement thats the bit they don't tell you

so yes it written in this way to frighten you

 

if you have a car they will go for that when they find out you know that legally you don't have to let them in your home to levy so be very careful where you park it

 

as i said and i cant say it enough don't open the door to him keep it locked

[rascaluk]

Wow thanks...shows how wrong I was, I thought they could...Thanks heaps...feel considerably better about it now thanks to this forum.

 

I didn't realise how much of a [problem] industry it is

[rascaluk]

Incidentally...if there are a lot of cars parked outside how do they know which is yours?...can they see what's registered to an address somewhere?

[hallowitch]

what they do is pick a car thats parked outside your house or near your house could be a car parked next door or across the street they fill out a walking possession agreement giving make colour and reg of the car (in the hope they have right car) and put this through your letterbox if its not your car you have to inform them in writing that the car levied does not belong to you and tell them to do a dvla check to confirm you are not the owner and get them to remove the charges connected with this

 

to be on the safe side its always better to park it in another street

 

if your car is on finance or HP you can send a letter to the bailiffs & council include a photo copy of the HP agreement and put them on notice that cant levy the car

Edited November 22, 2009 by hallowitch

[rascaluk]

Having spoken to the council this morning they have said they are unable to take it back from the bailiff but they are prepared to instruct the bailiff to accept the £120 a month I was paying them originally but I would need to pay the bailiff and not the council.

 

Presumably the bailiff is still going to want to gain access to do a walking possession which I'm not going to let him do, but as long as I pay him the money each month does anybody see any probs with that?

[hallowitch]

pay the council online or by cheque don't pay the bailiff

[rascaluk]

I'm in mid email conversation with the girl at the Council Tax and I told her that I had been advised to continue to pay via their system... this is what I sent last.. not heard back yet....

 

Really?

Even though I obviously showed commitment to pay for 18 months before that and am underlining a further commitment to pay via DD? The account was in far more arrears when I first contacted the council in 2007 surely?

Could you advise me then as I was told that under no circumstances should I enter into a walking possession agreement with the bailiff and to just continue to pay £120 via your online system anyway, what would happen then...?

I really don’t want to let a bailiff into the house to be fair....I know it’s my stupidity which is doing my head in...

[hallowitch]

I really don’t want to let a bailiff into the house to be fair....

 

there is NO law saying that you must enter into a walking possession agreement before a bailiff can accept a payment plan

 

there is NO law saying you must deal with the bailiff

[rascaluk]

Ah excellent...

 

this is what I was unsure of...

 

there is NO law saying that you must enter into a walking possession agreement before a bailiff can accept a payment plan

 

I would imagine if the Council are instructing him to accept £120 a month there would be no need for him to even ask for one, although he obv will.

 

I can't see why they can't just take it back off him as I'm obviously willing to pay. To say it's out of their hands and yet they can tell him what to accept seems a bit odd.

[hallowitch]

the reason a bailiff company don't want to agree to a payment plan without a walking possession agreement is because if a payment is 1 day late they will hit you with a very large van fee (even when the fault is theirs )

another reason not to pay the bailiff is the charges they add on for making a payment

[hallowitch]

I also forgot to mention that the bailiff takes there fees first before any payments come of the council tax

[rascaluk]

Presumably though if I continue to pay the council and not the bailiff there is a period where these guys are still going to be knocking, even though I am paying the debt elsewhere?

[hallowitch]

yes thats the downside of it

however the bailiff can only charge for 2 visits £24.50 1st visit £18 2nd visit no matter how many times they call

levy fees and van fees are how they make there money thats why the want a levy and they don't care how they get it

even if you start to pay the bailiffs they will still be hounding you for a levy

so regardless of who you you pay until the bailiff sends the debt back to council you will have to be on your guard at all times

[rascaluk]

How long generally do you think before he gets fed up and send the debt back to the Council?

[hallowitch]

there is no real answer to that unfortunately

[rascaluk]

Hmmm...just got this back from the Council, who aren't helping now..

 

If you continue to make payment to us and not the bailiff, recovery action will continue and more costs will be added

[hallowitch]

as i said without a levy(and you know your rights so there not going to get one) all they can charge you is £42.50 no matter how many times the bailiff comes to your house

[rascaluk]

Just spoke with the bailiff and he wanted £300 a month. He also said there were £200+ fees on top of the £1650.

I told him I’ve been looking into this and know there is a maximum of £42ish they can charge on top for Council Tax collection. He then stuttered a bit and said that includes the Walking Possession order, so I told him I wouldn’t be doing that as there was no law that said he needed a WP order to accept a payment plan and that there was no way I could afford £300 either so I would continue to pay the council.

I told him of the conversation with the council saying they would instruct him to accept £120 and he huffed and puffed and said he’ll go in the office and talk to one of his colleagues and find out what the absolute minimum they will accept would be and he’s getting back to me today / tomorrow morning .

It’s hard enough to pay on top of my existing CT as it is without being scammed by these sharks, although it was amusing to hear him struggling when faced with a tiny bit of knowledge.