Marston High Court Enforcement Officers Final Notice

[Under Duress]

Good Morning All,

 

I am looking for advice from the kind collective on this forum regarding the Marston Group. Yesterday afternoon while I was at work I recieved a final notice from the Marston group. I have never recieved any correspondance from them before just this final notice. They have given me 24hours to settle the outstanding amount. They are representing HMCS Bolton, so I must assume it is a fine of some sort. I checked on the bailiff register on HMCS website and the name that is on the letter isnt returning any results. Further more they havnt provided me with any information about the bill, only the amount that is due and Marston Groups reference number. I have been in touch via phone (8:30am) with the bailiff in charge and who said she would be in touch with information regerding the bill, as yet I have recieved no phone call from her and have tried to phone her since then and have been put through to voicemail. I understand she might be busy but I have taken emergency time off work to deal with this matter TODAY. Please help me if you have the time as I know very little about how to deal with these people and am fully prepared to "lock horns" with them on this matter.

 

Kind Regards

Edited July 6, 2010 by Under Duress
Unable to reach bailiff via phone

[seanamarts]

Have you tried ringing the court to inquire what this is about.

[Under Duress]

I will do that now. Thanks

[seanamarts]

let us know how you get on

[Under Duress]

Hello,

 

I have been in touch with the court who issued the origional distress warrent. The warrant was council tax related and was issued on the 13th october 2009. I was not at the address in question at that time as i had moved to new accomodation. Does this make the warrant out of date? I read on the forum that the warrant only has a 6 month life. Does this apply to my case? Also the bill has increased by £275.

 

Thanks in advance

Edited July 6, 2010 by Under Duress
.

[seanamarts]

How much was the debt to start with before it was passed to bailiffs. If they have never been to your home then they cannot make any charges as of yet.

The warrant will stand until the debt has been executed or it has been given back to the council.

If you can, pay what you originally owed plus court costs straight to the council via their online payment facility.

Try to avoid the bailiff at all cost. Do NOT let them in. If they come round talk to them through the letter box. keep all windows and doors locked and move your car to a safe location where they cannot levy on it.

[Under Duress]

The fine was for £250. The bill from the bailiff is £525, they are asking for payment in full by 19:00 or they will visit my house. Can they enter my premises without my consent? Also do they have to provide any proof that they have visited my previous address? I am just trying to buy myself some breathing space as I cant afford to settle the bill until my next pay day at the end of the month. Thanks for the advice on the car I will move it now.

 

Regards

Edited July 6, 2010 by Under Duress
.

[seanamarts]

No they cannot force their way in at all. However they can enter through an unlocked door or window, so keep things shut up tight. Make sure there is nothing of value in your garden that they can levy on either.

The most that they can charge you at the moment is for two visits

£24.50 1st visit

£18.00 2nd visit.

Council Tax is not a fine, it is classed as a civil debt. If and when the bailiff does come round, you do not have to answer the door. If you do then they cannot push past you, they can not arrest you, they cannot involve the police. they cannot put their foot over the door way.

You do not have to speak to them at all and they cannot get a locksmith to enter either.

What ever you do DO NOT LET THEM IN !!!!

Also hide your car.

[seanamarts]

need'nt ask what I wrote...

Edited July 6, 2010 by seanamarts
cocked up, need to read more

[Under Duress]

Hi,

 

Thanks very much for your assistance on this matter. This forum is an invaluble rescource. I will not be a prisoner in my own home, when they call I will be ready. Thanks seanamarts!

[seanamarts]

keep us updated. knowledge is a powerful tool when fighting bailiffs

[Under Duress]

Hi seanamarts,

 

I have an update on my situation. I have been in touch with the bailiff in charge and she says it IS a criminal matter as the case went to a magistrates court. I have also been on the phone to the court office and they concur it is a criminal matter. Through general reading on the internet I have come across a source that states "if a bailiff is to collect a criminal fine they must be certified on the bailiffs register". Is this correct? If so the bailff dealing with my case isnt on the register as i have checked online. The bailiff also stated that the charges were automatically added on for these reasons: £75 as soon as they take over the case, £200 tracing and tracking down fees (was very vague about the latter). The bailiff also stated that lots of letters were sent to my previous address and this adds to the charges. Do i have a case if I argue that the letters sent to my previous address are down to an error on their part? I am registered to pay council tax and on the electoral register at my new address and have been for a while, so surely it wouldnt have been to taxing for them to get the address right. I am prepared to pay the amount I owe but the courts say until the case is back in their hands the charges will remain. Please advise.

 

Regards

Edited July 6, 2010 by Under Duress
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[seanamarts]

Council tax is not a criminal matter it is a civil matter. I am confused at why it is a magistrates court fine. I will flag this up for tomtubby to have a look at. Are you sure that this is for council tax?

[hallowitch]

there is a form you can fill at the magistrate court if you didn't receive the summons (because you have moved home) I'm not quiet sure what the form is called someone here will know

 

If the council have taken you to court it could be because they asked for information and you dint provide it (i think they can take you to court for that )

then again how could you if they sent everything to your previous address

get in touch with your council and find out whats going

[seanamarts]

there is a form you can fill at the magistrate court if you didn't receive the summons (because you have moved home) I'm not quiet sure what the form is called someone here will know

Have you come across this before Hallow and do you know who can get hold of TT to get her to have a look at this.

[Under Duress]

When i rang the courts this morning they told me it was council tax related and i didnt ask if it was criminal or civil. Then i spoke to the bailiff and she said that it is a criminal matter, so i rang the courts back and they concured it is a criminal matter as it has gone through the magistrates court.

[seanamarts]

The only thing i can think of is that you have been fined for not giving requested information, but I have never heard it being done. I am sure you can appeal this, but you need to see a solicitor asap.

[hallowitch]

Have you come across this before Hallow and do you know who can get hold of TT to get her to have a look at this.

 

 

don't know how to get in touch with tomtubby unfortunately

 

have a read of this

Council Tax Enforcement - Bassetlaw District Council

Council Tax Enforcement

 

Information Request

 

Once a liability order has been granted by the Magistrates Court for non payment of Council Tax, the Council are entitled to request information regarding your income and expenditure. This is sent to you within 5 days of the liability order being granted and is enclosed with a notice advising what will happen if you do not comply.

 

If requested, you are required by law to provide this information and failure to provide, or providing false information is a criminal offence and if found guilty carries a substantial fine and will result in a criminal record.

[seanamarts]

don't know how to get in touch with tomtubby unfortunately

 

have a read of this

Council Tax Enforcement - Bassetlaw District Council

Council Tax Enforcement

 

Information Request

 

Once a liability order has been granted by the Magistrates Court for non payment of Council Tax, the Council are entitled to request information regarding your income and expenditure. This is sent to you within 5 days of the liability order being granted and is enclosed with a notice advising what will happen if you do not comply.

 

If requested, you are required by law to provide this information and failure to provide, or providing false information is a criminal offence and if found guilty carries a substantial fine and will result in a criminal record.

I just read something similar.. It must be a rare occurrence as I have never seen this before.

[Under Duress]

This must be the case. The information you have posted fits. I dont understand how this has got so far without my knowledge! It sounds like im well up the creek without a paddle.

[seanamarts]

This must be the case. The information you have posted fits. I dont understand how this has got so far without my knowledge! It sounds like im well up the creek without a paddle.

You have the right to an appeal, please speak to a solicitor to see how you stand.

[Bartok]

I'm afraid its true,

 

To fail to disclose information when legaly reqauired is called Fraud by failing to disclose information, Section 3 of the Fraud Act.

 

To intentionally disclose wrong information is called Fraud byFraud by false representation, Section 2 of the Fraud Act.

[seanamarts]

I'm afraid its true,

 

To fail to disclose information when legaly reqauired is called Fraud by failing to disclose information, Section 3 of the Fraud Act.

 

To intentionally disclose wrong information is called Fraud byFraud by false representation, Section 2 of the Fraud Act.

This was not intentional though, how would she stand in this?

[Under Duress]

You have the right to an appeal, please speak to a solicitor to see how you stand.

 

I will, thanks for the advice

[Under Duress]

I'm afraid its true,

 

To fail to disclose information when legaly reqauired is called Fraud by failing to disclose information, Section 3 of the Fraud Act.

 

To intentionally disclose wrong information is called Fraud byFraud by false representation, Section 2 of the Fraud Act.

 

Does it matter that they sent the information to a previous address?