For sure the dates need to be confirmed, as I said in the previous post I was working from her notes, on reflection that was a bit daft especially when you have took the time to read and post. What I do know, is that the default is no longer there. It could have been the case as suggested whereby it was there from the start and has now expired through the normal process. I will dig the old report out and verify. She has now sent a CCA request so will post back with any updates, Thanks Guys

Just to update further, when I made the previous post I was working from my partners notes, i asked her to check the info regarding the default on her credit file (i definitely recall it was from marlin), good news it's no longer there! If she should send another cca to Shoosmiths what part will this have in the scheme of things, i don't quite understand? Thanks for the constructive replies,

hi dx she last payed nov 2007, a cca was requested in feb 2008. did you mean send another cca to marlin or shoosmiths and if so what is the reason for this as I thought it only had to be done once? the only thing on the credit file is the default marlin placed in 2010 thanks

Hi I didn't really know if I should update this or start a new thread given the time between the update, from reading other threads i can see people having the same lengthy issue's. from the last post my partner never heard anything from Mortimer Clarke and she just received the usual template letters until August this year. We now have Shoosmiths on the case to which my partner has replied with a letter containing the same information as the reply to the previous solicitor. Again we will wait to see what happens, Could this be Statute Barred given the time periods?

Hi All, This post has been dead for over a year now as no further correspondence was recieved from Marlin or Pheonix recoveries regarding the SAR and CCA requests, The only correspondence was the usual template letter stating 'you haven't paid your agreed amount'. However we recently recieved a letter from Mortimer Clarke stating that they have been instructed to commence debt recovery procedings against my partner on behalf of Pheonix Recoveries(UK)Ltd Sarl-Marlin Recoveries. We have replied stating that we have made SAR and CCA requests which still have not been complied with, and when they do comply providing the paperwork is in order we will take appropriate action. We also stated a few of the other inconsistencies provided by Marlin over the duration. We also asked that they may ask their client to produce the DOA as our requests for this have also been ignored, Unfortunately in reply to our letter Mortimer Clarke have just stated that if a payment arrangement isn't made within 14 days they will commence procedings... Waiting for the paperwork!

Apologies but i'm getting a little Is the levy the 'seizure of goods notification' or the 'bailiffs fees'? basically regardless of wether I received the liability order or not I have to pay the fees because I hadn't settled the court costs at the time I was given the 'seizure of goods notification'? Thanks again! forgot to mention my local councillor has replied to my email offering his assistance, so I will see what transpires...

Thanks chris600uk, Yes thats the one! Well this is the sneaky bit really (on their part) because I had paid the council tax in full before the levy but had not paid the court costs purely for the fact I didn't know how much they were as I had never received any paperwork. On the third visit by the bailiff we received the Notification for the Seizure of Goods and listed was the court costs so they were paid right away to the council direct. So I presume that if 52(4) is in place when I paid the first amount (which would have been before the bailiff visit ) this would effectively be payment for the court cost and part council tax? therefore on their third visit I would actually owe council tax (equal to the value of court costs, their first, second and third (levy) visit?)...

Hello all, I received a letter today from B&S, basically acknowledging that there is a balance outstanding (relevant to their fees albeit incorrect totals) but are quoting council tax regulation 52(4) and if i don't pay by return they will be coming back to cease my goods plus i would incur further charges. On reading the regs it seems they may have me over a barrel. Suppose just got to face the fact that its morally wrong, legally right and cough up. :evil: To date I still have not received any correspondence from my local council, in fact the last letter I actually received in connection with this whole sorry case was the summons from the court, no liability order, nothing... Suppose they can do what they like... Thanks everybody for your input...

Thanks chris600uk, I have sent both the council and bailiff a letter RD yesterday, I will take ur advice and send them an email also. I have to say that 'I know we all have to pay for services provided by the local government to some extent but I think it a bit harsh that they come down really heavy on minor case's and then right off thousands of pounds owed by others who have no intention of paying, I suppose its a dead cert for them to be paid for the minor ones. It's a shame that they have to use such under hand tactics.' One thing for sure though between the council and the bailiffs they always seem to have the wrong info! their means of communication must be grim. I'll send the emails and then suppose i'll wait and see what happens! shall report back in due time....

Lol Thanks everyone for your input, Liability order?? wots that? The first paperwork I had was in Jan09, it was pushed through the letter box by the bailiff on his first visit, Two weeks later on the third visit I had some more paperwork which was handed to me. when I opened it, it had a Notice of seizure of goods letter with an inventory sheet. on the inventry sheet it had listed the car and the work van. It's quite ironic really cos the car will be at the main dealers for a few days being repaired (this is on hp and isn't mine) and i'll be out working in the van! the fees were broken down as follows... 1st visit paperwork visit charge £24.50 3rd visit paperwork court costs £69.00 attendance levy£42.50 levy fee £24.50 redemption goods £24.50 I paid the court costs at this point direct to the council, couldn't do it before because I didn't know how much they were until I saw them on this breakdown. then yesterday received a letter of 'Notification prior to sale' REF:Council Tax Due instructed auctioneers to advertise goods which are subject to distraint etc... saying that if i didnt pay them £160.50 by 16th feb the bailiffs would attend. (which appears to be the total of the 3rd lot of paperwork.) I've just written a letter to B&S stating that as far as i'm concerned my debt to the council is settled and as they didn't give me any prior notification of their visit I think their charges are unjust if not unlawful. I will post today RD and see what happens. I'll duplicate the paperwork and send it to the council also RD Many Thanks..

Hello all I,m currently looking for some advise regarding my situ, if someone can comment i would be grateful... In sept 08 had a bit of financial difficulty and couldn't pay council tax so sent them a letter end of oct08 stating that I would try and make a payment in Nov08 and then pay the full balance in jan09. Couple of days later received a letter stating that they were taking me to court for arrears, (quite suprised for 2 missed payments??) At this point I just presumed that the letters had crossed and that they would receive my letter and accept my proposal. In Nov08 I paid 2 installments as I proposed and carried on as normal thinking everything was fine as I had not heard anything..... Jan08 had a letter pushed through the door from Bristow & Sutor stating that they had come to collect lots of money for council tax arrears! unfortunately I wasn't in but needless to say the balance of council tax had been paid. A few days later they call again and I told the chap that I had paid all of my council tax and didn't owe anything and as far as I was concerned he shouldn't be here, He went away! A few days later another chap turns up asking for the same amount! He was told that I had paid, he said that he would phone the office to check, He then came back and said that we owe Court Costs of £69 and fees to the value of £90. I basically told him that I'm not paying him anything and if he wants any money from me to put it in writing. He passed me an envelope and walked away. I immediately sent a chq to the council for the court costs so as far as I was concerned job done... I have now received a letter... 'Notification Prior to Sale of Goods' Take notice that we have now instructed auctioneers to advertise your goods etc... What should I do? I'm quite sure something is a miss here because I didn't even receive a letter regarding judgement, the first I knew it had actually been to court was when the bailiff pushed his demand through the letter box, Also I have read here that you should receive 14 days prior notification of a bailiff visit. If this is the case then should I pay them anything as they have not acted within the guidelines? Bit long winded but many thanks for reading...

Marlin a member of the C.S.A, never complied with a C.C.A request and still try all the under hand tactics....

Hello, Many Thanks for your Replies, I might have messed my post up a little and got my terminology wrong! Apologies for wasting your time!! :oops: I stated 'D.C.A' I should have said 'Bailiff'. On looking around I came across this link and answered my own question. The collection people where from Bristow & Sutor. (Council Tax Collection) Dam

Hello everybody, I have scoured through the threads to find an answer for a breif question with out any joy.... Can a D.C.A just turn up at your home with out prior notification of their visit and charge you for that visit? Circumstance surrounding the event, money owed to third party, third party notified that payment would be made on such a date, third party just took it to court. received a letter from the court stating that debt needed to be paid and court costs were applied. In the mean time the debt was paid minus the court costs (which was a genuine oversight) In the mean time a D.C.A has just turned up out of the blue to collect the full debt on three occassions and has tried to add £25 to the debt for each visit. On the first visit they were told and it was proven that the debt had been paid. On the last visit they finally accepted this but said you still owe court costs and our admin fees, Have told the Collector to put it in writing and go away. (incedently the court costs were paid after the second visit) Thanks in advance...

Hi, Thanks for clarifying that! DJ