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Hi all,

 

I had a visit from a Marstons agent third week in April who left a note telling me I owed £459.11 on my council tax...I replied on my return home to tell them that I was in arrears by one month and their figure was wrong and that the balance would be payed at the end of April...which it was...today on 12th May I received a reply....

 

Thank you for your email,

 

We have noted the account XXXXXXX with the information you have provided.

 

Fine amount when issued to Marston: £149.11

Outstanding balance at present: £459.11

Debt and Fees: £459.11

Compliance Fee: £75

Enforcement fee: £235

Payments: £0

Our £75.00 Compliance fee is part of the Tribunal Courts and Enforcement Act 2007 under the Taking Control of Goods (Fees) Regulations 2014. The Compliance fee is payable prior to the debt. The Enforcement fee of £235.00 is applied to the account when an Enforcement Agent attends the address we have on the account.

 

DO I have any recourse to this blatant profiteering? I received no letter from them in advance of their visit.

 

Thanks very much in advance

 

GIB

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Presume this is last years council tax and council obtained a liability order.

 

Did you not get a Magistrates summons regarding liability order ? If so, did you not respond to the council to avoid escalation ?

 

Once liability order passed to Marstons, they would issue notice of enforcement posted to your address which costs the £75 fee and if not paid within 7 days, they will attend your property, which is where the £235 comes in.

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I had a visit from a Marstons agent third week in April who left a note telling me I owed £459.11 on my council tax...I replied on my return home to tell them that I was in arrears by one month and their figure was wrong and that the balance would be payed at the end of April...which it was...today on 12th May I received a reply....

 

Once you fall in to arrears and a reminder/final notice isn't cleared within 7 days then the full outstanding balance becomes due - not just any missing payment. Put a summons and liability order fee plus and enforcement agent fee on it and as you can see it soon mounts up. Just paying the equivalent of the Council Tax charge in itself won't stop action - the various fees also need to be cleared in full.

 

The charges added your account are all statutory fees - the enforcement agent fees are fixed in law but the court summons and liability order fees are applied, with the agreement of the court on the amount, under the council tax (administration & enforcement) regs 1992.

 

The enforcement agent and the local authority should be able to show that the requisite letters were issued - you need to ask where they issued them. Providing they were issued to the correct address then the fact you did not receive them would not be a defence unless you can provide proof.

 

Craig

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Thread moved to the appropriate forum..please continue to post here to your thread.

 

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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Hi all,

 

I had a visit from a Marstons agent third week in April who left a note telling me I owed £459.11 on my council tax...I replied on my return home to tell them that I was in arrears by one month and their figure was wrong and that the balance would be payed at the end of April...which it was...today on 12th May I received a reply....

 

I note that you consider that you only owe one months council tax. The problem that you have here, is that an enforcement agent cannot 'go behind' the warrant (or Liability Order. If there is a dispute regarding the debt, then it would need to be something that you take up with the relevant local authority.

 

How much did you pay and was the payment made to Marston's?

 

There is only a legal requirement for the enforcement company to provide ONE letter prior to the personal visit (a Notice of Enforcement).

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