Help marston enforcement agent removal notice

[Mia browne]

Hi I hope someone can help me a received an hand delivered letter from marston balilfs last Thursday and they want £1077.91 by tomorrow or they are coming to my house either tomorrow or Friday to remove my goods even if I'm not in. I've rung my council they said there is nothing they can do for me. I have 3 children and I don't have any money to pay them. I'm more annoyed at the fact that this money I owe is council tax from 2009 but it's taken the council 5 years to tell me this. What can I do I'm really worried and scared.

[Guest]

Re: Help marston enforcement agent removal notice

The bailiff cannot force entry no matter what he threatens. You don't have to open the door to him or even speak to him. However, if you have a car outside that you own outright, that is vulnerable and they could 'take control' of it. This does not mean they will remove it.

A few questions - do you work or are you on benefits? Are you a single parent? Have you had a breakdown of what the £1077 is? Have you received any letters about this debt by the council or bailiffs before this letter?

The council owns the debt, so they must not fob you off with excuses about 'nothing they can do'. Have you offered a repayment plan?

[Mia browne]

Re: Help marston enforcement agent removal notice

Hi thanks for replying I received my first letter of the council in June of this year I rung them and asked them to send me proof of the payments I missed they refused to send me any information didn't hear anything else till I got the bailiffs letter on Thursday. I live with my partner but with him only working and having 3 children money is tight. The council never offered me a payment plan. I do have a car outside but no engine in it so I can't see them taking that. The bailiff said I was lucky he was so busy this week or he would of taken my stuff earlier this week.

[Mia browne]

Re: Help marston enforcement agent removal notice

Also how long will they keep coming to my house?

[Guest]

Re: Help marston enforcement agent removal notice

If you received nothing else from the council, nor a notice of enforcement from the bailiff then you need to do a 'Statutory Declaration'. This will reel things back in and allow you to discuss things properly with the council.

Why the council refused to send you some simple info is beyond me, but of course it's also fair to say you've known about the debt since June.

Are the arrears for this year; if not what year? Have you kept up to date with any due payments since June? Have you made any payments on your CT account since June?

Remember, the bailiff cannot force you to let him in. If he can't get in, he can't take anything from inside. Never let him in.

[Kati]

Re: Help marston enforcement agent removal notice

If you received nothing else from the council, nor a notice of enforcement from the bailiff then you need to do a 'Statutory Declaration'. This will reel things back in and allow you to discuss things properly with the council.

Why the council refused to send you some simple info is beyond me, but of course it's also fair to say you've known about the debt since June.

Are the arrears for this year; if not what year? Have you kept up to date with any due payments since June? Have you made any payments on your CT account since June?

Remember, the bailiff cannot force you to let him in. If he can't get in, he can't take anything from inside. Never let him in.

In post #1 Mia mentions 2009 ... could this be the year this relates to?

[Kati]

Re: Help marston enforcement agent removal notice

@Mia browne .... as G-Man says, if you do not let the bailiffs in they cannot force entry! They are not allowed in through any means other than a "usual way of entry" (an unlocked door etc... not through a window) so if you do want to talk to them then an open window or the letterbox is more than OK
Could you email or write to your council complaining of their non-reply? asking (maybe) that they put the bailiff action on hold while your complaint is dealt with through the proper channels?
K x

[Guest]

Re: Help marston enforcement agent removal notice

In post #1 Mia mentions 2009 ... could this be the year this relates to?

masred:

[Mia browne]

Re: Help marston enforcement agent removal notice

I just want to say thank you for all your help it's nice to know people will help people. The council have told me it is out of their hands now. I will take your advice and not answer the door but if I ignore them how long will this go on for and how do I get out of this mess. Thanks

[Mia browne]

Re: Help marston enforcement agent removal notice

Hi G man it's council tax from 2009 and you are right I did know since June this year but when I rung the council and asked for a breakdown of payments they refused and I heard nothing else until last Thursday.

[Guest]

Re: Help marston enforcement agent removal notice

I just want to say thank you for all your help it's nice to know people will help people. The council have told me it is out of their hands now. I will take your advice and not answer the door but if I ignore them how long will this go on for and how do I get out of this mess. Thanks

Do the Stat Dec stating that you had no notice of a liability order, or opportunity to arrange a repayment proposal, nor did you have a notice of enforcement from the bailiff. There is a template on the site but I can write a basic one here if you like.

You then take that to any high street solicitors to be witnessed, they'll charge you £5, and you then send a copy to the council. That should ensure that they wind everything back and allow you to start a repayment proposal.

One other question - is your partner liable for the bill from 2009, ie were you living together then, with both names on the bill?

[Kati]

Re: Help marston enforcement agent removal notice

I just want to say thank you for all your help it's nice to know people will help people. The council have told me it is out of their hands now. I will take your advice and not answer the door but if I ignore them how long will this go on for and how do I get out of this mess. Thanks

The council WILL say that - but according to the regulations they have to be willing to deal with the debtor "at all times" (section 4.5 - page 8 of the guidance attached) you just need to 'remind' them of their own guidelines
K x

[Guest]

Re: Help marston enforcement agent removal notice

I don't think a stat dec will work on a liability order like this unfortunately;.

when you say the debt ws form 2009, was the debt not carried over to the subsequent bills ?

[Guest]

Re: Help marston enforcement agent removal notice

Kati is right. They cannot force entry, the liability order can be active for upto a year, however they usually return a failed action well before this. The problem is that they may then seek an attachment of earnings or benefits.
If it were me I would do an income and outgoings statement, perhaps seek the help of one of the free help providers, national debtline or the CAB then submit an offer of payment to the both the authority and copy to the bailiff based on your disposable income, if and when the bailiff calls you can tell him you have done this, do not let him in of course.

[Kati]

Re: Help marston enforcement agent removal notice

An income/outgoings statement is a good plan [MENTION=41182]andy58[/MENTION] it would enable the OP to figure out affordable payments