marston Council tax and bailiff issues. Council are ignoring my issues!?

[nikkikitch]

Hi

 

I really hope someone can help me, I am absolutely pulling my hair out with an ongoing council tax issue.

 

There are a few issues which I'll try and break down as best I can without waffling!

 

I have posted on here already about an issue with my council and Marstons bailiffs. My car was taken for an unpaid council tax bill of £217 in 2013. The car was worth £2,500 and sold at auction for £1100. The bailiffs added a sum of around £800 in illegal charges, which I'm STILL disputing with them.

I escalated my complaint through the council who took no responsibility for the illegal actions of the bailiffs employed by them. I then took my complaint to the Ombudsman who said it was a financial issue and to seek legal advice.

At the time, the council broke down what they thought was owed on that account and stated that actually there was an amount of £531 owed not £217 and that just over £300 had been allocated against this bill from the sale of my car. Meaning at the time it looked as though Marstons kept £800 from the sale of my car. There is a long thread about this issue detailing why the bailiffs acted illegally. I havent been able to find a solicitor that deals with these kinds of issues so I'm stuck.

 

The second issue is, all of a sudden, I've had 5 or 6 letters about very old outstanding council tax bills from shared accommodation. One of the letters was about the £531 that my car was taken for!!!! The letters were all very unclear about what is owed and any payments made against these accounts, so I asked for a proper breakdown of each account and also asked why I am now being pursued AGAIN for a debt that should have been paid by the seizure of my car.

In the councils initial email response, they said that only a payment of £20.34 had been allocated from the sale of my car against that outstanding amount!!

I replied immediately and asked the council to hold any action on all of these accounts as they clearly had incorrect information and I asked for proper clarification and details of all payments allocated to each outstanding account.

 

In the meantime they have sent each outstanding account to the bailiffs again, adding £75 on to each account.

 

In their latest response, they have not acknowledged my request for clarification of what has been allocated against the £531 for the sale of my car. And have told me I must deal with the bailiffs if I have issues with the account.

 

Honestly, I don't know what to do. I have been fobbed off at every point of this ongoing problem.

 

I am happy to pay anything owed, even though the old accounts were in other names, not just my own. But it's disgusting my car was taken and sold for £1,100 and it looks like Marstons have kept it and I'm now being pursued for the same debt with added charges!!

 

Help please!?

[ploddertom]

Moved to Bailiff Forum.

[GrumpyToSayTheLeast]

Have you asked marstons for a breakdown of the charges and what was paid over to the client in this case? Have you asked for the client ref number from marstons and contacted the council to confirm its the same case.

If, as you say, you are happy to just pay, why did the bailiffs have to come and take the car to begin with?

[Bailiff Advice]

I will look back on this thread later this afternoon and will respond in detail.

[ploddertom]

Here are the older threads:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?425304-Marston-Bailiffs-removed-car-illegally-now-they-re-pursuing-me-again-even-though-they-have-my-car!!!-Help-please!!!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?425309-Bailiff-company-wont-accept-offer-to-pay-by-instalments-threatened-with-prison-and-bailiff-action!

[nikkikitch]

Yes i complained to Marstons at the time and asked for a full breakdown of charges which matched the councils. What doesnt match are the amounts that the council are claiming that have been paid by Marstons.

[Bailiff Advice]

I haven't yet finished reading both of the other old threads but just so that I can be clear, apart from one of the old accounts that you have received recent letters about are you satisfied that the remaining figures are correct?

 

Many local authorities are sending 'cold cases' to bailiffs from years ago and I am extremely concerned not only at this practice but because of the uncertainty and transparency of fees that may already been added to such accounts and the ongoing further fees being added.

 

With the latest letters you say that these relate to 'shared accomodation but that you are willing to pay. If this is the case then you need to ensure that bailiff enforcement (by that I mean a personal visit) is avoided at all costs and this can be achieved by outlining a sensible and affordable payment proposal within the 'Compliance stage' (which is the date outlined in each Notice of Enforcement).

 

With regards to the complaint regarding the sale of your vehicle, I will read both of your other threads and post back.

[Bailiff Advice]

Nickii

 

I have now read through all of your posts going back to 2013 and in particular, all the posts in your 2nd thread from 2014.

 

You will see that I responded in depth on many posts and I am afraid that I do not know what further advice I can give to you that I have not already provided.

 

The relevant posts of mine are from post 87 onwards:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?425304-Marston-Bailiffs-removed-car-illegally-now-they-re-pursuing-me-again-even-though-they-have-my-car!!!-Help-please!!!&p=4657445&viewfull=1#post4657445

[nikkikitch]

Hi

 

No i am not satisfied that the amounts on these old accounts are correct which is why i asked the council for time to check any payments made and old paperwork. They ignored that response and proceeded with enforcement action anyway.

 

Given they have the wrong amounts for the account that my car was taken against, it's highly likely these other accounts could be incorrect. I dont want to enter in to a payment arrangement and pay the added bailiff charges of £75 per account if the amounts are wrong.

 

The council have ignored all of my requests so far and have not acknowledged my point about the sale of my car and the payments allocated.

 

Bailiffadvice, I understand you gave me advice previously and I really appreciate it, but the situation has now developed and it transpires that the council have been given no money from the £1,100 from the sale of my car.

 

Am I not at a point where I can legally do something about this?

[ploddertom]

Have thought about submitting a Subject Access Request on both Council & Bailiffs - cost £10 each?

[nikkikitch]

Hi

 

I haven't done that yet, I will do though. In the meantime, what do I do about being pursued for not only these very old accounts and also the account that my car was taken for?

 

 

Thanks