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Excel Civil Enforcement - need some help!

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  • Excel Civil Enforcement - need some help!

    Hi there guys! As you can see, I have stumbled across the forum in desperate need of some advice and help, as I am sick to the back teeth of these.. well - I wont say what I want to!

    I am quite a young guy, I am only 23. Me and my partner have been together for 4 years, and in the early years - we were reckless young adults! As such, our Council Tax payments sometimes fell by the wayside. I will be open and honest and hold my hands up to my immaturity and lack of moral obligation - if you could call it that. Enough was enough, and around two and half years ago I grabbed hold of my finances and accumulated debts, and began paying them off.

    Now, I have had limited experience with Excel, any company I owe money to have always accepted any payment plan I have tried to initiate. Granted - a couple have tried to encourage the 'upping' of my payments a few times, but they have never enforced this. And I am please to say - I only have one debt remaining.

    My partner however, lost her job in 2013. She was unlawfully sacked, and has since had her job reinstated. However, during the time she was unemployed - she was forced to apply for Council Tax benefit, which was refused. As such, she accumulated a £500 council tax debt, despite informing Powys County Council of the circumstances.

    We had a letter arrive two weeks ago, informing us that the debt had been passed to the local magistrates court, the date for the court order had passed, and then two days later we had an Excel Civil Enforcement - Notice of Enforcement come through the door.

    The letter states the debt, which we have no problem with. They have also added £75.00, which is for 'Compliance stage fee'.

    Okay - £75.00 for wacking a letter in the post.

    My partner last week received her last Statutory Maternity payment, and is therefore no longer in receipt of income. And approximately a fortnight ago, my car chugged to a halt on the side of the road - and it needs around £1200 to get it good again. I therefore could not commute to work, and have therefore had to quit. So I have no income at present bar any money the DWP awards me in relation to JSA.

    We phoned Excel and informed them that we wanted to make a payment arrangement, and was shocked when after informing them of our circumstances, they offered us a 'reduced' payment amount of £191 for 3 months, which was payable within 7 days.
    I informed them once again that we have a dependant at home, and that we have no income at present, but they refused to budge - informing me that 'this was the only amount allowed within there framework'. To add insult to injury, if we do not make this payment, they will levy a further £235.00 to the account. When I asked what this charge was for, she just replied for failure to pay.

    I asked to speak to her supervisor, who audibly told her over the phone to refer me to CIVEA if I have an issue with the way they deal with things.

    I contacted Powys County Council who have told me they cannot do anything, except put me through to a specific department in the council, who havent answered the phone for 2 days now - all I get told is there 'not at there desk'.


    Is there anything I can do?
    Tags: None

  • #2
    Re: Excel Civil Enforcement - need some help!

    Yes, there is something that you can do.

    You can write a formal complaint to the CEO of Powys council. CC Excel in on the letter. Due to the urgency, you should email it today and post it.

    The grounds for your complaint are that you were not given the opportunity to attend the magistrates court hearing and the first you knew was 2 weeks ago when you were notified that a Liability Order had been issued against you. The council have made no attempt to discover your incommings & outgoings, with a view to attaching an attachment of earnings order (AOE), they have simply bulldozed straight through to enforcement, meaning further charges to a debtor already struggling financially.

    Excel are now demanding £191 a month, which is way more than an AOE would take. Go on to describe your financial circumstances and your partners situation.

    Ask that enforcement action be suspended whilst this complaint is being investigated and as a resolution to this complaint, you ask to be given the opportunity to repay at an affordable rate, in line with what an AOE would require.

    Comment


    • #3
      Re: Excel Civil Enforcement - need some help!

      Hear hear! Excellent advice.

      Comment


      • #4
        Re: Excel Civil Enforcement - need some help!

        I believe I owe some thank-yous to the Starving Taxpayer.. Your clear and precise advice saved me from a lot of hassle!

        Ironically, the letter to the Chief Exec. resulted in the quickest response I have ever received from the Council! And has now been resolved to my satisfaction.

        Had Excel turn up yesterday, about two minutes after I had received written confirmation that the debt had been returned the council in the post, and confirmation of my payment arrangement. Despite slapping the letter in his folder, he told me his warrant was still executable, and the letter was not proof; rather - his court order was. He then went on to say that my car was about to be clamped. I told him to ring his seniors, to which he refused - and told me that they would tell me the same story.

        So I rang the Council and asked them to speak to the Bailiff who proceeded to tell the adviser from the council that they were doing there job wrong.

        The bailiff then stood for a couple of minutes telling me my rights, before getting on the phone to his manager, who informed him that the debt had been returned to the Council the previous day..
        No apologies, he put the phone down and said 'right, tarra'.

        They both refused to give me any identification, even though the one had it hanging round his neck, he took it off when I asked to see it. Is there anyway I can report these thugs?

        Comment


        • #5
          Re: Excel Civil Enforcement - need some help!

          Possibly, but to be honest, you're far better coming to an affordable arrangement with the council. I assume you'll get CT benefit now. They will need to be told of your circumstances so it is clear your income is exceedingly limited. The fact they have taken the debt back does not mean it has gone away.

          Comment

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