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hi all, advice required re: council tax being collected by Marston’s group. Basically, I owe £4300 and Marston’s turned up with a 'Removal Notice'. I rang their bailiff (I’ve checked, he is certified) and told him I knew my rights, i wasn’t about to let them in, then sent them the following letter:

 

I understand the Council has appointed you to recover my Council Tax Liability arrears for 2007/8, 2008/9 and 2009/10 of £4358.18.

Firstly I would like to make you aware that I am fully aware of my rights and you will not gain entry to my home under any circumstances to levy goods and I know the fees allowed under statute and when these fees can be applied.

 

Due to my circumstances I am unable to pay this in one payment. I am a full time student and my wife does not work, so our income is meagre. I advocate a payment schedule of 36 months with 35 months payments at £121.06 and the balance of £121.07 to be paid on the 36th month to cover the principle. I understand this may seem a long time but this is a realistic offer that is affordable to me and will allow me to pay future bills issued for Council Tax without them falling into arrears. A greater amount would cause me real and actual hardship.

 

I am able to pay the above amount on the 15th of each month. Please advise how you would like future payments made. My personal preference is payment by Standing Order.

 

It should be noted that I am not at any point refusing to pay this debt but only asking for a fair payment period considering my circumstances. And if you are unable to accept my offer I will place the money aside each month until such a time the council take the account back into their management, when I will make payment of the set aside money to the council.

 

Please also send an itemised statement of account that clearly shows what charges have been added and what for, you are required in statute to supply this information and I look forward to this within 14 days.

 

I am sending the council a copy of this letter and requesting that it be filled with my account for further reference.

 

I hope the above meets your approval and I look forward to your timely reply by letter.

 

Just spoke to the bailiff again now they’ve received my letter - he says they will accept my offer if i pay 10% of the debt up front.

However, they have stuck fees on top of £316.16. I challenged him on this, as he has not been in my house to levy distress and therefore he can in my understanding only charge me £24.50 1st visit / £18.00 2nd visit.

He insists that he doesn’t need to enter my premises to Levy on goods, I disagree.[/font]

So, firstly, where do I find the Statutory Instrument that says what constitutes levying distress? [/font]

I am minded to go to war with them on this - they must rip off thousands of people every year with their scare tactics.. They won’t be doing it with me. Any advice greatly appreciated!

Edited by parasite_swatter
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if you can pay, make the arrangement with the council concerned and pay by internet banking.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Worst thing you can di is speak to or deal with the Bailiff or his Company. There is no law that says you have to do either. Do as dx says and pay the Council direct online or automated phone. The Bailiff won't be happy but so what. He'll try to flannel you with all manner of threats.

 

You already know not to let him in the only other thing is if you have anything outside he can levy on in particular a motor vehicle. Move it well away if you have one. Eventually the Bailiff will get bored with you and move on returning your account to the Council.

 

PT

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Hi, just a couple of little things...

Are you SURE you can afford this huge monthly three year commitment?

I'm curious about your wife. Is there any particular reason she doesn't work?

Best wishes.

Rae.

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