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    • At least you got it over with.  Just wait for the court order to come so we can see what the judge has put,  but you will have to start making payments in line with his order from whatever date is on it.    
    • No direct answer for you I am afraid but their actions are surprising. Although banks can and do question unexpected large payments into bank accounts (large relative to what usually comes in) you wouldn't expect a payment from HMRC to be considered a suspicious transaction under money-laundering rules. And you've done the right thing, gone into branch with ID and proof of the source of the payment. Hopefully they will soon unfreeze your account.Sady in all banks local managers have virtually no say in what happens, it's all down to head office fraud and money laundering team.   Their suggestion that student accounts don't allow you to work is surely nonsense. The requirement in their t&c is that you must be on a full time course, not that you can't work as well. Their t&c say " You must be aged 18 or over and studying on a full-time UCAS registered course of two or more  years’ duration...". Nothing in the t&c about not being allowed to work as well, they made it up. It would be a strange student a/c that said you couldn't work ever - Nationwide must know  that most students need to take part-time/holiday jobs to pay their way through university (and have done for as long as student accounts have existed - at least 50 years!)
    • but no judgements yet..urm… think about it..
    • I could never thank you enough Ell-enn - And would never have been able to get through this without your help, support & guidance... Thank you so so much!   I found it all quite traumatic and distressing today - I managed to make myself look somewhat presentable for court and tried to stay as positive as I could, but had a pretty bad panic attack and broke down crying on the way to court, which melted my make-up and I felt very dizzy and unwell. The security staff were helpful and a lady appeared at desk in waiting room (usher I think) and told me that the rep for other side had been there all day, but had popped out for lunch. She said when he gets back he may want to talk to me. I felt like I was going to projectile vomit all over the waiting room. My head started pounding with a severe headache and I was worried I might pass out. He waltzed into the waiting room and stood towering over me at over 6 foot, but only looked about 12 years old.... Very cocky and stood too closely in my personal space. He told me to follow him into a private room for conference and I refused and told him I would prefer for the judge to decide.    Shortly after we were called into the judge. I don't recall his name but I don't think it was the same judge who issued the original possession order and he looked a little bit like Judge Rinder. I broke down crying again soon after sitting down and had to apologise to the judge, who seemed sympathetic. I felt so unwell, embarrassed and humiliated. I then had a panic attack during the hearing and was struggling to breathe - I must have looked such a state.    The judge asked what date the eviction was due to happen (Monday) and then asked me if I had any offers on the house yet and spoke to me briefly, but I could barely speak due to crying. He asked me about my expected return to work and I said I had suffered a nervous breakdown and wanted to be able to get back to work as soon as possible, that my GP had singed me off sick until mid-August and that I was currently on several medications which also affect my ability to work. He asked me if I wanted to say anything else and there was so much I felt I could have put across better, but just didn't feel able to and couldn't think clearly, so said no.   The judge said to the rep for Britannia that he felt concerned about this, but not sure exactly what he meant by that and then the other side stated they had clear instructions to take possession, that I had only paid them £10 and disagreed with my proposal to sell the property myself. The judge asked him if my offer of £50 towards arrears fell in line with Norgan case and the other side said yes. The rep stated that whatever it is I do for a living, my proposals could not be taken into account, as I had no proof or indication of my current income/expenditure.   The judge then came back to me and said he wouldn't be able to agree to more time for property to sell, but would have been able to do more if I had an offer in place / sale agreed. He asked me about my work and for a clearer indication of when I would be able to resume payments / pay a monthly amount towards the arrears. I said that I also had a spinal injury & had had surgery on my spine a few years ago and it was due to complications from that that I had initially been unable to work & fell into arrears and then went on to say that it was Britannias' actions that had caused my breakdown and he did snap at me a bit then and told me he didn't want to hear what Britannia had done, so I apologised. He asked me again when I thought I would be able to resume payments and I asked if September would be ok. I was shaking and having a pretty bad panic attack at that point.    The rep from other side then jumped in and said she needs to pay us straight away, and the judge then stated that he would make an order for me to make repayments from August and suspend the order on those terms. He said if I fell into difficulties again we would be back here again and said that they may be able to help me again if that happened. He asked if that was ok for me and I felt pressured to agree as I didn't feel able to do any other.... I am now now worried about my ability to do this, but obviously relieved at the same time. I think the rep for the other side was a bit p**sed off... He was quite ignorant and I feel traumatised...I feel sorry for the judge having to see me in state like that.   As soon as we had left the room the rep came right up behind me calling my name and told me he needed my updated phone number so that he could contact me. He looked a little bit psychopathic at that point and I told him I didn't want to speak to him and walked off.... I was so dazed I went in the wrong direction when I left the court building and it wasn't until I looked in mirror later that I realised I had tissue paper stuck all over my face from where I had been drying my tears... I HATE Britannia for making me go through that, especially under such poor health.... Which they have caused me!   Thank you again so much for all of your kind wishes and assistance - Especially Ell-enn, as without your help I would be facing Bailiff eviction next week - And still won't sleep until that time has passed.... xx         
    • Just thought I would update, Unite the union have now intervened although initially at a low level.   They have contacted HR at the firm asking them to deal with it in order to stop Unite getting involved
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A debt collection agent turned up at my office and levied a car on the car park which did not belong to us. (the debt is for a LTD company stock issue and not a debt for a car) I explaned that the car was not an asset but the agent was screaming like a demented banshi shouting that he has ordered a tow truck to collect the car. I continued to explain that the car was not mine. He disappeared , a tow truck never did arrive BUT I have now received a charge of £500 on top of the original debt for this idiots 10 mins of pleasure.

Question:

1) Can DCA just simply pick any object they lay there greedy eyes on and place a levy on it?

2) Can I sue the DCA for the return of the extortion fee??

 

Any guidence would be appreciated.

 

Thanks

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Are you sure this was a DCA and not a bailiff?

 

I think we need the full story on this so that we can get you to the right area of the site.

 

Please also name the company.


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A DCA can't do this. They have no powers at all. Only bailiffs can do this and they have to have a court order.

 

Which DCA?

 

I'm a bit confused. What do you mean by "the return of the extortion fee"? Did you pay this, or have they just shouted about your owing it?

 

DD

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Debt Collection Agencies are not bailiffs, they cannot levy on anything!

Have you been to court over this matter and have a CCJ against you or the company?

 

Only a Certificated Bailiff acting on a warrant from the court can levy on goods.

 

Who is this DCA please?


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You really need to give us the full story - it simply doesn't make sense.


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Very odd!!!


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Debt Collection Agencies are not bailiffs, they cannot levy on anything!

Have you been to court over this matter and have a CCJ against you or the company?

 

Only a Certificated Bailiff acting on a warrant from the court can levy on goods.

 

Who is this DCA please?

 

 

Thanks for the reply... I have more info The DCA was MARSTON and the issue did go through the county court. Marston sent an enforcement officer. He was the most arrogant animal I have ever come across and simply would not listen when i explained that the car on the car park was not part of the company. I sent proof of ownership to Marston. The rewarded me with a £500 fee.

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Thanks for the reply... I have more info The DCA was MARSTON and the issue did go through the county court. Marston sent an enforcement officer. He was the most arrogant animal I have ever come across and simply would not listen when i explained that the car on the car park was not part of the company. I sent proof of ownership to Marston. The rewarded me with a £500 fee.

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I see did you pay the £500.00?

As they were informed that they had no right to the vehicle imo you cannot owe them anything.

 

Did the 'enforcement' officer produce identity and details of the warrant on which he was acting?


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I also had MARSTON banging on my door and levied a car on our car park which dosent even belong to to my company.. Marston sent an enforcement officer. He was the most arrogant animal I have ever come across and simply would not listen when i explained that the car on the car park was not part of the company. I sent proof of ownership to Marston. The rewarded me with a £500 fee. They simply do not listen and treat people like animals. WHEN IS THE GOVERNMENT GOINT TO INTERVENE WITH THESE PRACTISES.

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If it is for a Council Tax Liability Order I don't think the bailiff can charge diddly squat for "Waiting Time" as it is not laid down in the regulations.


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speak to someone at the Council and ask the following questions:

1 - how many Liability Orders they have against you

2 - the dates they were obtained

3 - the addresses they were for

4 - the period of time each covers

5 - how much each one was for

6 - how much is still outstanding

7 - the dates they were passed on for enforcement

8 - the dates & amounts of any payments.

 

From the bailiffs, I would ask to see a copy of the levy and details of previous visits they have made in regard to this council tax.

 

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were certificatedlink3.gif at.

e - the date of the Certification.

 

Try to avoid the bailiff coming into your home, as that will lead to more fees to be charged.

 

In regard to your car.

 

1) Is this used for business ?

2) Any issues of vulnerability that mean you need the use of a car ?

3) Any outstanding finance on the car ?


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Hi

 

Yes I did pay the £500 and he did "flash" some kind of i.d.

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Marstons are actually bailiffs, not DCAs.

 

Does the car in question have any connection with anyone working for the company?

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Need some more info about this. If it has been to Court and a CCJ awarded then Marstons cannot attend as Bailiffs. The debt may have been transferred to the High Court in which case Marstons may have attended as High Court Enforcement Officers.

 

What paperwork have you been given?


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What a pity he couldn't be contacted to tell them he had nothing to do with it and he had nothing to do with the company apart from being an employee. Then they couldn't have attempted to put a levy on it.

 

As plodderton asks above, what paperwork did he provide?

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Hello

 

I too had a visit from Marstons who levied on a car in our car park that did not belong to our ltd company. They charged £500 to levy on a wrong asset. Is this legal?

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Hello

 

I too had a visit from Marstons who levied on a car in our car park that did not belong to our ltd company. They charged £500 to levy on a wrong asset. Is this legal?

No the levy is quite invalid, and the levy and it's associated fees MUST be removed, if this is bailiff, for HCEO I think the car owner might need to provide proof of ownership to Marstons and may need to go to interpleader. if Marstons are stupid enough to tow the car. without checking and it was my car I would report it as a stolen vehicle and look at hitting Marstons for the mistake; what were Marstons enforcing?

 

It may be better to start a new thread with your issue.


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No the levy is quite invalid, and the levy and it's associated fees MUST be removed, if this is bailiff, for HCEO I think the car owner might need to provide proof of ownership to Marstons and may need to go to interpleader. if Marstons are stupid enough to tow the car. without checking and it was my car I would report it as a stolen vehicle and look at hitting Marstons for the mistake; what were Marstons enforcing?

 

It may be better to start a new thread with your issue.

 

Yes it would be a good idea to start a new thread....there are certain steps the poster needs to take and they fall within a tight time frame.

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I have started a new thread for you here oriental1.

 

Please continue your discussions here.

 

Thanks.


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Hello

 

I too had a visit from Marstons who levied on a car in our car park that did not belong to our ltd company. They charged £500 to levy on a wrong asset. Is this legal?

 

Oriental 1

 

It is almost impossible to provide an adequate response given that you have provided far too little information.

 

As a starting point, what debt does this relate to?

 

Was any evidence shown to the bailiff about ownership of the vehicle?

 

Have you made a formal complaint?

 

What was the response?

 

Have you paid?

 

etc, etc.

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