Marstons & Court Fine for failing to provide info for Council Tax

[sadcat]

today I received a call from my very distressed partner

 

a letter had been posted through the letterbox from Marston

 

stating that a final notice had been issued on behalf of HMCTS Gtr Manchester

and that they will be returning this afternoon to remove goods for sale at public auction.

 

They were asking for £485.00.

 

He contacted the number at the bottom of the letter which was for the 'enforcement agent'

who simply advised that unless he paid that amount today the HCEO would come round along with a locksmith

and the police to force entry into our home and remove goods to the value.

 

Now,

the house which this letter has been posted is mine (I am a private tenant) and my boyfriend moved into the property with me in March 2013.

 

The amount relates to a failure to provide information as requested by the council in relation to a council tax liability order for his old address.

 

He lost his job in September 2012,

couldn't pay council tax and buried his head in the sand.

 

The court then issued a fine which has gone unpaid and then Marston have added on their own astronomical fees.

 

I came home from work early as I was obviously scared about some random men breaking into my home.

 

I contacted the local police,

debt advice service and

the enforcement agent

 

who all stated as that they can force entry and its tough (the police were nice about it however).

 

I contacted the enforcement agent later on and offered to pay the amount requested,

she then gave us 1hrs grace to make the payment which I have now done and all action has been stopped.

 

What I want to know is...

1) Could they have broken into my home to collect on his debt despite that fact that it is only me named on the tenancy?

2) Can I claim any of the amount I paid back?

The EO stated that £185.00 was the fine amount,

£85.00 admin & £215.00 'Attendance Fee' - no one attended.

3) All of the previous correspondence would have gone to his previous address.

They must have traced him at my address but no notice was provided to allow us to come up with the requested amount

- it was a hand delivered notice & that they will come back later.

 

 

I am so shaken by this experience, how is this legal? it's only money at the end of the day!

[dx100uk]

sadly that all looks ok as far as I can see.

 

he was probably summoned to attend the court because he had not provided an I&E as the council demanded

 

and was latterly fined

 

they then got High Court Enforcement Officers involved.

 

hence the fees etc [its now a fine not just a civil CTAX issue]

 

as for forcing entry

 

its rare but does happen as a very last resort

 

i'll let others comment if i'm correct or not.

[HCEOs]

Just for info, HCEOs would not have been involved for an HMCTS debt. This would be enforced by a Certificated Bailiff although the initial visits may have been carried out by an agent.

 

To some Martson's paperwork can be confusing as it details them as HCEOs even when they are acting in a different capacity.

[ploddertom]

I've changed your thread title to more accurately reflect what it is about.

[tomtubby]

I will respond further in the morning. In the meantime, which local authority does this relate to?

[tomtubby]

On the matter of the fees charged of £300, the thread below provides the background to how the fees were agreed with HMCTS.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?397861-Magistrate-Court-FINES-and-Bailiff-fees......

[sadcat]

The attendance fee just doesn't make sense, no one has attended as far as we know and they certainly didnt show up with a van/bailiffs/auctioneers/police/the local vicar...

 

the LA is Wigan but the court fine was issued by HMCTS Gtr Manchester.

[dx100uk]

Under the new contracts (which expire at the end of 2013) an increased fee scale was agreed with the Ministry of Justice which consisted of a maximum fee of £75 for the administration process and a maximum attendance fee of £200.

when he posted the letter he attended

dx

 

 

 

dx