Notice of Attendance from Excel

[byronr]

I have received a hand delivered letter from Excel Civil Enforcement regarding a Non domestic rates arrears from two years ago of £1665.73 including £235 for delivery of the letter. I am living in a kind friends house and dont own anything here. Excel are threatening to apply for a Taking Control of Goods warrant to use 'reasonable force to enter the property'. I called them to explain nothing is mine but they wouldnt acknowledge this at all. I did initially write to the council offering them a small amount every month but they refused my offer. I am not working and cant offer them much but I am extremely worried they will break into my friends house and take their goods. Is this likely? If I move from here I will be homeless.

[Bailiff Advice]

I have received a hand delivered letter from Excel Civil Enforcement regarding a Non domestic rates arrears from two years ago of £1665.73 including £235 for delivery of the letter.

 

I am living in a kind friends house and dont own anything here. Excel are threatening to apply for a Taking Control of Goods warrant to use 'reasonable force to enter the property'.

 

I called them to explain nothing is mine but they wouldnt acknowledge this at all. I did initially write to the council offering them a small amount every month but they refused my offer. I am not working and cant offer them much but I am extremely worried they will break into my friends house and take their goods. Is this likely? If I move from here I will be homeless.

 

Firstly, the fee of £235 is not for delivering the letter. Before a personal visit is made you should have received a Notice of Enforcement. This letter is the first stage and is referred to as the 'Compliance stage' and a fee of £75 will be included. The letter will invite you to make a payment proposal (or pay the debt in full). If there is no response, then the enforcement company will pass the debt to an individual bailiff for the purpose of attending at the property and 'taking control of your goods'. At the time of the attendance, the fee of £235 is applied.

 

What you need to do is to email Excel and outline your circumstances (make sure that you include the part about the property not being yours etc). If you are on benefits....provide evidence. It may well be that Excel will then consider that the debt is unlikely to be recovered by them and they may well return the account back to the council. Bailiffs fees will then be removed.

 

I would suggest that you send a text message to the bailiff to advise him (in brief) of your circumstances and informing him that you will be emailing his company today. Without knowing a bit more about your financial position it is not possible to advise you what (if any) payment proposal you should make.

 

PS: Please do not worry yourself about the threat of applying to the court for a warrant.

[byronr]

Thank you so much for your very prompt help. I will email them today.

[byronr]

I have written to the council and the bailiffs as suggested and had no reply but I have today received another notice together with a list of three cars seen on the drive, non of which is mine, and enforcement details quoting section 28 of the taking of goods regulations. Can they take vehicles that are not in my name? The debt is for a different property. The form they have sent me has a ticked box action taken, entered premises . This is entirely untrue, unless the driveway is deemed 'premises'?

[Bailiff Advice]

The driveway is considered premises.

 

The new regulations are clear in that a bailiff may only 'take control' of goods belonging to the debtor. I would strongly suggest that you send a text message and email to the bailiff immediately to advise him that you are disappointed to have not received a response to a letter sent to their company and that furthermore, a visit has been made to your property today when details of three vehicle were included on a statutory form but wish to bring to the bailiffs attention that none of these vehicles actually belong to you.

[byronr]

Thank you, I have emailed them and sent a text message as suggested. They say I have 72 hours before they enforce their notice. Is it likely they will despite my email? Can they sieze my car without a new form stating the details? I am so worried it's making me ill. I have never owed money before, and this problem was my business partners' error.