Help needed regarding marston charges & paying debt to hmrc directly

[flipfloper]

Hi there,

 

I've just spent the last half hour looking through the forum and while I've gained valuable information, I still need some things clearing up.

 

I received a fine in May for £250 from hmrc. For one reason or another the fine didn't get paid & I received the further action notice. I had full intention of paying it but again, it went unpaid.

 

Today, I had a letter put through the door from Marstons (yellow one) saying that it was a removal notice and I need to pay £550 in full otherwise they'll be another visit to remove my goods for sale at public auction. Seeing this drastic increase in charge prompted me to call the HMRC payment line & pay the £250 that I owe.... Providing the payment does not get refunded, what happens with the (£300) bailiff fees?

 

Thanks in advance.

[ploddertom]

I may be wrong but in this instance I would have thought they are acting solely as Debt Collectors. I don't doubt they will have addressed all this using their "High Court Enforcement Officers & Certificated Bailiffs" letter heading. I would suggest they are then mis-representing their powers.

[sgtbush]

scratch that-- re read post its hmrc not hmcs

[flipfloper]

I'm not actually sure what they are acting as to be honest, the text under the red 'removal notice' states:

I attended your property at xx.xx today under the terms of a warrant issued on behalf of the above client. Despite previous visits & notices (1st I've heard of it!) this matter has not been settled, which means the costs are increasing and I therefore urge you to contact me on the telephone number below immediatley.

 

Please note that the amont now owed is £550 inclusive of charges for todays attendence. If this amount is NOT PAID IN FULL, IMMEDIATLEY, a further call will be made, WITHOUT NOTICES, to effect removal, for sale at public auction. Such action will render you liable for futher costs.

 

To avoid such severe action, please contact me on xxxxx to arrange payment.

 

 

Does this mean this is a distress warrant or one has been issued against me?

[sgtbush]

what warrant has been issued against you, warrant of distress, excercution

what was the original fine for?

[flipfloper]

Thats the thing, I don't have a clue what warrant has been issued. It just states on the bit letter headed (yellow border) paper that he came to arrange payment under the terms of a warrant issued.

The fine was a companies house fine.

[sgtbush]

what was the fine for?? non payment of tax,vat etc if its come from HMRC

[flipfloper]

It was for failure to deliver annual return on my company accounts.

[sgtbush]

failure to file annual return is a criminal offence so it would be a warrant of distress i think

long story short, you owe the money outstanding as the magistrates have issued it

i may be wrong but thats what i can gather from a quick search

 

if i am correct then the bailiffs are not acting as debt collectors but have the warrant

they WILL HAVE POWERS OF FORCED ENTRY with the warrant

see bailiffadviceonline.com magistrates fines section

unfortunatly you will be liable for the £215 cost of the warrant and £85 admin fee to the courts as you paid late and they had to up the ante to recover the original fine from you

 

i may be wrong but that is what i can see from a quick search

[ploddertom]

The tone of the letter suggests a Warrant of Distress, which in turn seems to suggest some form of County/High Court action.

[flipfloper]

Thanks for the responses. So what happens now? I've paid the court the money I owe them, yet I presume the bailiff will be coming back at some point? I don't have the additonal £300 they want just hanging around, hence my quick direct payment today.

[sgtbush]

id try to see if u can set up a payment arrangement over 6 months, which is the life of a warrant of distress

[flipfloper]

Can they refuse a reasonable repayment plan? If I offer to pay the (extortionate) £300 charges over 2 months, would this be accepted or are they within their rights to bust the door off and plunder my dads house? (I live with my father)

[hallowitch]

Can they refuse a reasonable repayment plan? If I offer to pay the (extortionate) £300 charges over 2 months, would this be accepted or are they within their rights to bust the door off and plunder my dads house? (I live with my father)

 

 

get dad to go go a solicitor statutory declaration cost £5 it will stop them from trying to bust the door down as there are no goods (except clothes small personal items) in the property belonging to the debtor

[sgtbush]

i would imagine £150/month would be more than enough on a repayment, however as the warrant is for you, at your fathers house they can still force entry, highly unlikely tho and levy against any property that cannot be proved,at the time that is your fathers, your father would then have to dig out the proof and apply to the courts that he is the owner and furnish proof to the courts, and they would un levy the said item, this is known as replevlin

however as stated, if your offering them half now half next month their or their abouts, i cant even see them coming out to the property in person

hope this helps

[ploddertom]

I don'y doubt they will say the £300 is made up of:

1 - £85 which they claim they have posted a letter to you - did you receive anything

2 - £215 which they will claim for a visit