Marston bailiff c/tax

[learay]

Hi
yesterday morning we recieved a final notice from marston concerning our council tax for this year. It was a complete shock to the system as i had set up a direct debit for council tax the previous month and expecting the 1st payment to be taken out tomorrow. Also we had been paying council tax up until the end of may which Manchester city council had deducted from our previous years bill.
the letter states balance due as £1237.99 with 437.00 due immediately. my c/tax bill was 1000.2

i have spoken to the bailiff today by phone an have said no way can we afford the 437.00 payment but i would be quite happy to set up monthly payments of 130.00 per mnth starting 30/8. he has said he would happily accept this agreement but i would need to pay him 130.00 immediately and to go into a arrangement come to my home to do a levy of goods.

i do not want this man in my home also hes told me i have until friday to find the initial payment which i told him im very doubtfully i will find!

can anyone advise where i should go from here?

[bluebottle]

Re: Marston bailiff c/tax

Hi and welcome to Legal Beagles.

A few questions -

Did you receive a summons from MCC?
Did you know the matter had gone to court?
Did you receive notification from MCC that they had a Liability Order against you?

I think you need to get straight onto MCC and ask them what is going on.

As for Marstons, what the bailiff told you about a levy is total bovine excrement. He does not have to have a levy to set up a payment arrangement. What he is attempting to do is garner fees for himself and Marstons. Do not let him in and make sure all doors and windows are locked. If you have a car, make sure it is well away from your home where he cannot get his grubby mitts on it. If it is used in connection with your employment, business or vocation or belongs to a third party, e.g. finance company employer, leasing company, hire company, the bailiff cannot seize it. Any further assistance required, please come back onto this thread.

[learay]

Re: Marston bailiff c/tax

hi thanks for your quick response i really appriciate it!

the letters i have recieved are the summons and then after that i recieved a updated bill which at the bottom states recovery proceedings have started for the following ammount £1001.49
your current payment method is dd 10 monthly on the 7th.

as i set the new payment method up after getting the summons i thought it would keep it with the council.

also i have childrens toys in my front garden, am i right in thinking they can not put a levy on these?

[bluebottle]

Re: Marston bailiff c/tax

hi thanks for your quick response i really appriciate it!

the letters i have recieved are the summons and then after that i recieved a updated bill which at the bottom states recovery proceedings have started for the following ammount £1001.49
your current payment method is dd 10 monthly on the 7th.You need to speak to MCC and find out what is going on. If you were working towards clearing any arrears, why are they scuttling off to the courts for a Liability Order? If you get nowhere with MCC, your local CAB might be able to help you.

as i set the new payment method up after getting the summons i thought it would keep it with the council. Again, MCC need to explain what is going on.

also i have childrens toys in my front garden, am i right in thinking they can not put a levy on them. No. They cannot, but I would hide them anyway. Marstons can be a nasty lot and seem to take the view they are above the law. They are not.

Responses in red text.

[CleverClogs]

Re: Marston bailiff c/tax

i have childrens toys in my front garden, am i right in thinking they can not put a levy on these?

Yes.

They are no longer allowed to levy on children.

[CleverClogs]

Re: Marston bailiff c/tax

One might wonder if Manchester $hitty Council is in some sort of "profit sharing" deal with Marstons.

[learay]

Re: Marston bailiff c/tax

i have just rang mcc and have been told to send a email and there will be a investigation. they have told me the bailiff will not hold off whilst this is going on and can take up to 14 days to either be placed back with the council tax or left with the bailiff.

they told me to make payments with the bailiff whilst this is going and try to come to some sort of arrangement. any advice what the email should say?

[bizzybob]

Re: Marston bailiff c/tax

One might wonder if Manchester $hitty Council is in some sort of "profit sharing" deal with Marstons.

That is a distinct possibility, perhaps a FOI would be an option

In the meantime Leeray must realise that many of the threats the bailiff will come out with do not apply to council tax, like returning with police to take him off to prison, locksmith etc etc. So must hide any car, put thetoys inside, and keep the bailiff out.

[bluebottle]

Re: Marston bailiff c/tax

MCC can suspend bailiff action whilst they are investigating the matter. This is contained within the outsourcing legislation. Continue to make payments to MCC.

[learay]

Re: Marston bailiff c/tax

i have typed up this to send to mcc do you think its ok?

dear sir/madam


I am writing this email as yesterday I received a final demand from Marston acting on your behalf for this years council tax.
This letter came completely out of the blue as the last letter I received from yourselves was a updated bill stating my new method of payment was dd for 10 months on 7th of each month. I was expecting this to begin this month.


Also we had been paying council tax up until 31/05/2013 but it had been taken against last years bill.


I have spoken to the bailiff today who has requested we pay £437.97 immediately and then enter into a payment arrangement with him. I am happy to set a payment plan and stick to it of £130.00 each month as this is an amount we can afford without getting into financial difficulty, but can not afford to make the lump sum payment. The bailiff has advised me that this will not be acceptable as he will have to put it to you first and you will not accept.


I am asking of you to take this council tax debt back off marstons and allow either the previous direct debit arrangement to stand or put in an attachment of earnings from my partners employment.




i am not refusing to pay council tax bill of £1001.49 and would like to agree an arrangement as soon as possible

[bluebottle]

Re: Marston bailiff c/tax

i have typed up this to send to mcc do you think its ok?

dear sir/madam


I am sending you this email as, yesterday, [date], I received a Final Demand from Marston Group who are claiming to be acting on your behalf for this current year's Council Tax.
The Final Demand was totally unexpected as the last letter I received from yourselves was a updated bill, dated [date] stating my new method of payment was Direct Debit for 10 calendarmonths, debits taking place on the seventh day of each month. It is my understanding that this arrangement was due to commence with effect from this current month.

I would draw to your attention to the fact that we have been paying Council Tax up to and including 31/05/2013, but it would appear that this has been applied against last year's bill.


On speaking with the bailiff today, he has requested that we pay £437.97 immediately and then enter into a payment arrangement with him. I am happy to set a payment plan and pay £130.00 each month, as this is a sum we can realistically afford without getting into financial difficulty. However, we cannot afford to pay £130.00 as a lump sum payment. The bailiff advised that this would not be acceptable as he will have to put it to Manchester City Council and that the Council would not accept such an arrangement. He also claimed he had to have a levy in order to set up a payment arrangement. This, I have since discovered, is not the case and a bailiff does not need a levy in order to set up a payment arrangement with a debtor.

I am, therefore, respectfully requesting that Manchester City Council recalls this Council Tax debt from Marston Group and that the Direct Debit, previously put in place, continues to apply. Failing that, I would respectfully request that Manchester City Council applies an Attachment of Earnings Order to my partner's salary from his/her employment.

I would remind Manchester City Council that legal provision exists to recall debts from contracted enforcement agents and this is contained within the Local Authorities (Contracting Out of Tax Billing, Collection and Enforcement Functions) Order 1996.

I wish to make it clear to Manchester City Council that I am not refusing to pay Council Tax bill of £1001.49 and would like to agree a workable arrangement with the Council as soon as possible

I have made a few amendments to your draft email and tidied it up in places. Let other LB members check it and amend, if necessary, before sending it to MCC.

[labman]

Re: Marston bailiff c/tax

http://www.legalbeagles.info/forums/showthread.php?34067-Council-Tax

[labman]

Re: Marston bailiff c/tax

Would the direct debit that was in place have covered the arrears and this years bill by the end of March?

[learay]

Re: Marston bailiff c/tax

Would the direct debit that was in place have covered the arrears and this years bill by the end of March?

yes it would have done x the £130.00 i would pay now would be including the bailiff fees

[learay]

Re: Marston bailiff c/tax

thats brilliant thank you! your help is really appriciated and i dont feel half as stressed and sick as I did earlier