Also... I expect that 'Jason' is referring to a change in contract between HMCS and Marstons. As Mr Fork-it regularly points out. The only people bound by that contract are: Marstons & HMCS. Advise 'Jason' that he should send his invoice for £75 to HMCS then go XXXX himself.

"A Fighter (tired, but still fighting!)" Yes, you will be tired. That's their plan. No disrespect (far from it) but by talking to Marstons you are like a moth banging against a light bulb. It's a waste of time, as you have now gathered. The law change? I can't definitively say no, but given that: a) No one has ever mentioned this on this rather busy site, even after dealing with Marstons. and b) Those words came out of a bailiffs mouth Then i would assume he is doing his day to day job. i.e. lying and cheating people out of money they don't owe. I should add, the lady at the court made me chuckle; "why would you question the law?" Answer: There are approx 150,000 people in this country employed specificaly to interpret, then question the law. They are called 'lawyers'. You would think she was aware of that wouldn't you.

This sort of thing.... Post #3 http://www.consumeractiongroup.co.uk/forum/showthread.php?298008-Marstons-letter&p=3331879&highlight=#post3331879

"My though just now is to go after them under the fraud act for the £1.00 transaction they took out on the 21st..." Not a chance. Your next course of action should a civil request demand for the return of the fees as outlined by 'Fork-it' in various other threads. I have to go to work now, so I'll try and find them latter if no one else does, or the man himself turns up in the mean time? It seems we accepting that a CRIMINAL fine can arise from overstaying in a private / council car park. And they want young people to respect the law? and that being a 'criminal' is a bad thing. Okey dokey. Finally, why did you feel compelled to pay because the police arrived? Did the police threaten you?

Like i say, all of the above are irrelevant if the "wanted felon" (sorry, can't find how to apply a slightly backward American accent to text) is sat at home watching telly. If, as a member of the public, or PCSO, you were aware of a wanted bank robber(for sake of argument) resident at an address. You would NOT have the right to knock on his door, get him in a head lock and drag him to the police station. You have even less right to enter his residence to effect the arrest. You would be expected to call the police. You can sit and watch until they arrive; and furthermore, if you saw the guy run out of his front door at speed after he hears the sound of police sirens, then you would then be allowed to jump in and restrain him. I suppose there is a theoretical circumstance where a bailiff in possession of an arrest warrant knocks on a door, and the subject of the arrest warrant pushes past him and sprints down the street. Then, he could be entitled to give chase and restrain. Though if i were a bailiff i wouldn't bother, because if the 'runner' turned out to be someone else, smashed his face on the pavement as he went down.... Big trouble for Mr Bailiff.

The crux of the matter was not whether there was a gap between seizure and attending to remove; more that there was no valid levy in the first place. Consequently, there can be no attendance to remove. I say this on the understanding that: a) The car was on HP b) They have not levied on anything else, i.e. they haven't been into your home. That should be the basis of your response. However, credit where it's due. You should thank Marstons for putting an uncharacteristic level of effort in replying to you. I'd like to think we've been giving them some practice! In addition, thank-you Marstons for confirming what we already knew; that you attend every visit in a small van. Now let me see them justify £175 to £300 charges for 'van hire', 'insurances' etc.....

Sounds like you have one our HCEO friends after you. The inflated charges are normal, but probably unlawful. You can deal with them later if they are still an issue after your stay / set-aside applications are heard. If things go your way, the charges will be removed pending the process re starting from scratch. Until then, you need keep the doors shut, car away from the house etc...... I have a feeling a certain person who knows precisley what you need to do will be along at some point......

Please get back to us if you find an answer BPRMS. I'd like to see how wrong / or right i am in interpreting the above. First paragraph: You guarantee to pay the companies liabilities whether those liabilities are specified in this agreement or not. You will not avoid any liability through defect or omission in this agreement. Second paragraph: £99,999 + any outstanding interest resulting from the loan agreement + 'statutory interest' after the default or demand. Hope I'm wrong, but please let me know. Thanks.

One thing to bear in mind while you are planning your next move, is that the bailiff / council can move on to the next entity in the hierarchy of liability if they have no joy with your friend. If they decide your friend cannot / will not be paying, they can go after the Ltd company who hold the original tenancy. Unfortunately in this case, they seem to own the assets. If, as we often suspect, the bailiff reads this forum, it might be worth deleting the part where you reveal the ltd company as being potentially liable for the rates. If they put two and two together after getting the stat. dec. your friend could find the destiny of the assets completely out of his hands. a)On the other hand, how much are these assets realistically worth? b)Do the directors of the ltd company care for its continued existence? c)Is the landlord (as in the owner of the building) willing to put the lease in your friends name (behind a Ltd company if he has any sense)? If the answers are: a) Not a lot. (less than the NNDR) b) No. c) Yes. Your friend could try and negotiate a shrewd survival strategy where the assets get sold to his new ltd company, which becomes the new tenant. Then the existing Ltd company becomes a 'lightning rod' and goes down taking the rates liability with it. Your friend would have to watch out for a lingering personal liability, but he has that problem now. This way at least his business and its assets would be safe.

Thanks for the reminder.

"you cannot get arrested for ctax arrears" True, but if you really take the p*** for long enough you can get arrested for not complying with a summons or payment order. Though i agree, this couldn't possibly happen to the op since he appears to have been keeping in contact with, and making payment towards the debt. Thoughorly fleeced.

I think you need to write to the magistrates court this supposedly originates from. The first part of your story is horrendous, i remember it well; However, i would save that until later. I would outline the events you describe in your last paragraph. Namely that on XX/XX/2011 a bailiff has claimed to have obtained: a)an arrest warrant and b)a 'further' court hearing at XXXXXXXX Magistrates Court and has applied £250 in associated charges. These claims have been refuted by the creditor / liability order holder XXXxxx District Council. I believe Mr XXXXX Bailiff has committed an offense by threatening to enact a non existent arrest warrant. He has also defrauded me of £250 in fees charged in connection with applying for the fictitious warrant. Something like that anyway. But first i would write to: a) The council seeking written confirmation that no arrest warrant or further court proceedings took place. b) The bailiffs, asking for a receipt / breakdown of payments made and charges applied. Best to have replies to these to back up a letter to the court.

"my bank is the MOST UNHELPFUL in the world,. and they said they cant do anything" No, they're just normal. They all get selective amnesia regarding anything that requires them to do work. It is standard procedure for bank employees to say "i don't know what you're on about" then 10 seconds latter 'remember' everything when it transpires you know what you are on about. Check the details elsewhere on this site, but i think it's a section 75 (?) charge-back you are requesting. Ask for the relevant form. Council tax relief is not related to income tax, so look into the discounts / relief.

...and for the record. Using the general concept of 'citizens arrest' as an example is a little flawed in this case, not only for the reasons highlighted above, but because you would have no right of citizens arrest, less so the right to physically touch an actual criminal (as opposed to a debtor) who was at his home address. There needs to be a pressing reason for a citizens arrest, like a crime in progress, or a wanted villain on the run. Someone, 'wanted' or not, 'criminal' or not, who is at home answering the door is WELL outside the scope for citizens arrest.

I should add that i personally appreciate contributions from bailiffs, in fact i get a bit dismayed at how they get 'hounded' off the forum, so appologies if i'm a bit confrontational. It's just that: a) I believe you are wrong. b) You phrased it as we were 'talking rubbish'. I welcome any inside view or knowledge on how it works in the field, but Rob, do yourself a favor and don't equate being a bailiff, with being an expert in bailiff law. On the contrary, i think most of you are tutored in what you can get away with more than what you should be doing.

And to pre-empt the reply...... Non payment of CT is not a crime, despite the fact you can get sent to prison! So they are not criminals (the basis of your argument). I'm sure you would ratyher use the term "wanted felons" like they say on your favorite TV program. You do not get a criminal record, even if you get sent down for council tax arrears. Arrests for non payment of council tax, even when done by the police are NOT arrests of 'criminals', it is done almost exclusively to bail someone for a court appearance. For the record, there are other things you can get sent to prison for without a criminal conviction: 1) Held on remand. 2) Held in contempt of court. 3) Having brown skin and looking at the wrong website / owning the wrong book.

"any citizen can arrest a wanted criminal in the uk" Yeah.... errr.. Rob. Sorry to break it you, but: a) A council tax debtor is not a criminal. b) You are not a police man. c) You've never arrested anyone.

Write to the court threatening them with legal action if they continue to harass you. The fine is paid. Not that it will come to legal action but you wouldn't be the first person to take a court to court!

You're not as confused as ii am Dougal. Can someone explain to me how or if a parking fine / charge was ever a criminal magistrates issue when applied in a car park? In addition, the 'council' argues it is operating as a private company; and issues a criminal offense for overstaying? in a car park? I'm not saying they definitivly can't, they obviously do, but has anyone else ever heard of this?

Another aspect of 'forced entry' rarely mentioned, is that the bailiff has to pay for the locksmith - then recover it from the debtor!!! The chances of most peoples seizable goods fetching enough at auction to cover: The fine, the bailiff charges and a lock smith are rather slim. It's also the responsibility of a bailiff to leave the property secure when they leave. I used to know someone who did this sort of thing after police raids. He charged between £150 and £300 to turn up with a piece of shuttering ply and a pad lock!!! EDIT - "I expect he's awaiting a warrant" If you mean a warrant to force entry, i doubt he's even applied.

In addition, word 'straight from the horses mouth' suggests that they would never authorize forced entry for such an offense. If you had been convicted of a violent offense and escaped jail by the skin of your teeth, then, you might have something to worry about. Also look here: http://www.consumeractiongroup.co.uk/forum/showthread.php?225944-Marston-Bailiff-CEO-magistrates-fines. Look at 'Happy Contrails' post. I believe he was also a serving magistrate at the time he wrote that post ( post #10)

"Thanks Debbie, but I believe that because its a Magistrates fine they can actually break in and take the goods as opposed to other CCJ's and liability orders such as council tax." 'They' the bailiffs have no such power, though they like to imply they have. The court has the power to order forced entry in very exceptional circumstances. The latest figures I've heard are 28 forced entries in one year, and only 10 in another (i don't know what years this applies to). You should view that in the context of £1.5 billion in outstanding court fines. A quick analysis of the figures suggests that most magistrates courts have probably never authorized a forced entry! (360 magistrates courts, 28 or 10 instances per annum)

Their compliance with the code is not conditional. It is not reliant on you providing a means statement; your claim is not one of 'poverty' but of vulnerability. The only thing you need to tell them is the nature of that vulnerability. The rest is blackmail. As for the goods they 'can' remove, the simple answer no they can't because a) It is not lawfull, and b) You are NOT going to let them in. End of. Just fill in the disability / illness part and write N/A in the rest.

"I am wondering if all the letters they send in the post are they charging me for this?" They might try, but ultimately you will not need to pay them. There is no lawful fee for letter writing. "does this mean that Equita are not applying fees, as this makes no sense, since reading other posts." Not necessarily. You need to write to / ring the council and find out the values of the liability orders that were granted. Compare this figure with the total you have paid and the outstanding balance, and you will see if fees have been applied. If you have no car, and you refuse them entry then they will eventually go away and pass the account back to the council. The maximum fees they would be able to charge in that situation would be £42.50.

1) How the heck did you guys exchange three posts while i was typing???????????? Must stop getting distracted. 2) Please name the HCEO, lets be fair and award her two gold stars and a tick.