Marstons Bailiffs

[Embazzy]

Hi a bailiff (re unpaid council tax)called at my house this morning whilst i and my wife were at work my son answered the door and whilst he was upstairs getting my contact details the bailiff let him self in is this allowed? (my son left the front door open)

i had 2 children at home both 17 now he has gained access can he in future force his way in?

 

Andy

[Serendip46]

No, in England anyone under 18 is classed a minor. In Scotland its 16.

 

http://www.dca.gov.uk/enforcement/agents02.htm#part10

 

Enforcement agents must withdraw from domestic premises if the only person present is, or appears to be, under the age of 18; they can ask when the debtor will be home - if appropriate.

[Embazzy]

Hi and thanks for your reply, just need to clarify the last bit of my question when my wife spoke to the bailiff concerned on Friday he said he was in our hall which my son verified does this allow him access in future without our permission or do one of us have to invite him in,my point is he actually gained access to the property illegally as i see it can he use this access for future use or as i said previous do we need to invite him in?

 

thanks

 

Andy

[hallowitch]

no you don't have to let him in

 

did he leave a notice of seizure of goods and inventory levying goods

[Embazzy]

Hi and thanks for your speedy reply,

No he didnt leave anything but a final notice he was very arrogant on the phone he doesnt care etc (spoken to CAB) my wife gave him both barrels and he left but she said he was trying to goad her on the phone , he actually told her " It's ok your children are safe they are here with me" i am surprised she didnt head home and deck him.

I spoke to Marstons to try and lodge a complaint but funnily enough they wouldnt speak to me either i am going to put a formal complaint in about him.

i would like to find out if he is certified is there a place i cput his name and get an answer anyone ?

 

 

Andy

[hallowitch]

the registrar is not always 100% if you cant find him or they are not certificated to marstons phone Ministry of Justice Public Register of bailiffs on 020 3334 6355 to confirm

 

http://www.consumeractiongroup.co.uk...s-Certificated

 

IMPORTANT...If you need to make a Complaint to the Local Authority then read here.....

 

 

It must be remembered that a bailiff

enforcing a debt for council tax, National Non Domestic Rates (NNDR) or an unpaid parking ticket

is working as a

agent/contractor

for the local authority.

 

In this, the local authority cannot simply abdicate responsibility for the actions of their agent/contractor as ultimately, it is the responsibility of the local authority to ensure that a levy is carried out in a lawful manner and that the fees charged by their agents are in accordance with statutory regulations.

 

Following a discussion with the Local Government

Ombudsman

's Office (LGO) they have advised that if you have a Compliant for the Council about their bailiff

's then you MUST do the following:

 

.

 

You must ENSURE that you mark your letter to the local authority as a :

FORMAL COMPLAINT.

 

Your letter should be addressed to the

CHIEF EXECUTIVE

and should be

COPIED

to the

COMPLAINTS DEPARTMENT

( this will ensure that it is registered as a formal complaint).

 

It must be understood that under the 1974 Local Government Act the Local Government Ombudsman

only has jurisdication to investigate a complaint if the matter had first been brought to the attention of the local authority and that they had been given the opportunity to respond.

 

If you are unsatisfied with your response from the local authority then you can take your complaint to the

Local Government Ombudsman

but they will want to see that you have gone through the councils COMPLAINTS PROCEDURE first and that you have allowed the local authority a maximum period of 12 weeks to respond.

 

The Local Government Ombudsman's office will need to satisy themselves that you have made it CLEAR to the Local Authority that you are making a

FORMAL COMPLAINT.

 

.

http://www.consumeractiongroup.co.uk/forum/showthread.php?212401

[Embazzy]

thanks very much i did find him on the list and his certification runs out tomorrow lets hope they decide not renew it

[hallowitch]

If he gets in touch with you again after tomorrow ask him to confirm that he renewed his certificated and at what court

 

be very careful of his fees as he has no levy your fees can only be £24.50 first visit fee he will come back because he will want his 2nd visit fee (if its not been added to your account already)

 

If you have a car not on finance don't leave it in the street where you live move it well away from the house it can be pain in neck but without a levy on goods the bailiff has no power and your fees can never be more the visit fees £42.40 total