Help marston enforcement agent removal notice

[Guest]

Re: Help marston enforcement agent removal notice

An income/outgoings statement is a good plan @andy58 it would enable the OP to figure out affordable payments

Indeed it is the first thing that the debt agency would require , and of course it show the creditor that she is not just a "wont pay".

[Kati]

Re: Help marston enforcement agent removal notice

Exactly ... and it IS the "won't pay" not the "can't pay" that are going to be risking committal!

[Milo]

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.

As I am sure you probably now know failing to follow up the the letter from the council in the past six months does not bode well for you with the council and for this reason alone they will very likely be unwilling to bring the account back into their control. What you should have done was to write to the council (instead of telephoning them) to ask them to provide details of missed payments for the 2009/10 tax year.

At the very least you now need to find out the following:

The date of the Liability Order
Amount of the Liability Order
Bailiff fees applied before 6th April
Bailiff fee applied after 6th April

You say that you received a letter six months ago....was this letter notification that a Liability Order had been obtained? Do you have a copy of the letter?

Your current position:

I note what you have said about money being tight and having three children. You are correct in that your car is safe from being taken. You live with your partner. Was the debt for 2009/10 incurred while he was living with you? If so, then even though his name does not appear on the council tax bill be will be jointly liable. The reason that I say this is because if he has a car this could also be at risk.

If you are tempted to swear a Statutory Declaration (which personally in this case I do not think will help) then you need to be aware that you will be required to swear on oath that you had not receive any notice from the council about a Liability Order.......and that you had not received a Notice of Enforcement from the bailiff company. You cannot state on the stat dec that you did not have an opportunity to arrange a repayment proposal. As you have said above, you received a letter from the council six months ago so a repayment proposal could have been set up.

The bailiff can continue to visit the property but in reality, if there is no motor vehicle that can be taken he is unlikely to visit more than two or maybe three times.

Telephone the council today and ask the questions outlined above. If they tell you that they cannot deal with you then ask for the person's name and state that you will be writing a formal complaint. At the very least they must provide details of the date of the Liability Order and amount.

A payment proposal should be outlined and with it a simple Income & Expenditure. The amount needs to be affordable but most importantly, needs to be in writing as this will demonstrate that you are not refusing to pay.