Help..scared confused and worried about council tax not being included in DRO

[smurfette17]

For years I have been struggling with debt but I got in contact with payplan and applied for a DRO.

All the paperwork was set up with all my debts on. Council tax is with Marstons.

 

I then received a letter from Rundles saying they were recovering council tax. I thought the council and changed agents and now everything was with Rundles. I informed payplan and they amended the paper work. I was just about to pay the £90 fee when last week while I was in bed asleep after a nightshift. An Enforcement guy...tapped on the front door and walked in scaring the life outta my partner who was in the living room.

 

He demanded that I pay £420 or he would take my living room items away (tv dvd player units ect)

Tried to explain that I was paying my DRO fee at end of week.

 

He was having none of it. I was scared and shaken up...I did not receive notice that he was coming.

I didn't have the cash and he was adamant he was not leaving till I paid £420 or take my goods.

 

I made some calls and manged to get about a months wages from my boss.( Agreement from boss that I pay from my wages straightaway which means at the moment i don't have money coming in to live on)

 

Anyway I paid him and got a receipt. He was now arranging a payment plan for the rest. I told him I couldn't afford anything but he was insistent...All I wanted to do was to get him outta my house so I agreed to 20 a week. He made me sign what I thought was the payment plan but in fact was a control of goods I later noticed after he left.

 

He also left an envelope on table which had inside a notice of attendance letter dated that same day in pen with a stamped date of the warrant for the following day.

 

I got back k in touch with payplan who advised me that now that I had signed a control of goods order the council tax can not be included in the DRO. I am mortified as council tax is the main debt.

 

I am now ready to pay the fee but holding back as I don't know what to do or where I stand. Oh and to add it,2 days ago I've received a letter from Marstons warning of a notice of attendance... Now I thought everything was with Rundles. I have checked the reference numbers and it's all from different years.

 

Confused and scared is not the word!!! I don't know what to do. I am finally facing my debts and this happens a week before my DRO is finalised

Edited June 23, 2017 by honeybee13
Paras

[unclebulgaria67]

Suggest that get in touch with the council the tax is owed to for full details of liability orders they have obtained.

 

Before an enforcement agent visits, you should have had notice of enforcement giving you 7 days notice of attendance. Have you received any letters ?

 

Have you moved to a different address and the tax relates to a previous address ? Did the council/ enforcement agent know your new address to send any letters ?

[smurfette17]

No I never received a letter giving me 7 days notice. He gave that to me on the day....and the warrant date stamp on the letter is dated for the day after he came.

 

yes I moved nearly 2 years ago and they had my new address. I am phoning the council late. I have checked online all the liability orders. I just need to know who has what between Marstons and Rundles.

 

Can I ask the council to take the Debt back so it can be included in my DRO?

Edited June 23, 2017 by honeybee13
Paras.

[Bailiff Advice]

 

Anyway I paid him and got a receipt. He was now arranging a payment plan for the rest. I told him I couldn't afford anything but he was insistent...All I wanted to do was to get him outta my house so I agreed to 20 a week. He made me sign what I thought was the payment plan but in fact was a control of goods I later noticed after he left.

 

He also left an envelope on table which had inside a notice of attendance letter dated that same day in pen with a stamped date of the warrant for the following day.

 

I got back k in touch with payplan who advised me that now that I had signed a control of goods order the council tax can not be included in the DRO. I am mortified as council tax is the main debt.

 

I am now ready to pay the fee but holding back as I don't know what to do or where I stand. Oh and to add it, 2 days ago I've received a letter from Marstons warning of a notice of attendance... Now I thought everything was with Rundles. I have checked the reference numbers and it's all from different years.

 

Confused and scared is not the word!!! I don't know what to do. I am finally facing my debts and this happens a week before my DRO is finalised

 

What you need to be doing is to speak with the council to ascertain how much you owe in council tax arrears and for which year.

 

The Controlled Goods Agreemement almost certainly complicates matters in relation to that particular DRO but a lot depends on what items have been listed on the form and how much remains to be paid. If you could post back with details that would greatly assist.

[unclebulgaria67]

If they did not send notice of enforcement, what can be done about this ? Surely if this has happened, the controlled goods agreement is not valid and the £235 enforcement fee is not due.

 

These notices of enforcement should be required to be sent by recorded delivery or personally served.

[Bailiff Advice]

If they did not send notice of enforcement, what can be done about this ? Surely if this has happened, the controlled goods agreement is not valid and the £235 enforcement fee is not due.

 

These notices of enforcement should be required to be sent by recorded delivery or personally served.

 

It would be extraordinarily difficult for a person to prove that they had not received a Notice of Enforcement. Under the Limitations Act, a document is deemed served unless the contrary can be PROVED.

 

The regulations outlining the serving of the Notice of Enforcement do not provide for recorded delivery.

[smurfette17]

I've scanned some of the paperwork

docs1.pdf

Edited June 23, 2017 by dx100uk
docs redacted and merged

[dx100uk]

documents redacted and merged for you

you should not post pers info in the open forum

dx

[smurfette17]

the original total owed was £2225

Now Rundles say i owe them £1683 thats the control goods order and minus the £420 already paid. Been told this might not be included in the DRO.

Marstons say i owe £1120 (see attached documents)

so the the new total is £2803

 

If i speak to the council today do you think they will be able to take the debt off the baillifs so i can include it all???

Payment plan i agreed to pay back that day cant be done, only agreed it to get the guy out of my house.

 

Isnt the fact the notice of attendance was given to me on the same day and also has "enforce warrant from 6am" stamped for the next day mean its not been done properly??? im confused..

marstons.pdf

Council Tax summary.pdf

Paid Rundles.pdf

[ss002d6252]

The debts should ordinarily be a qualifying debt as they have become due in full (otherwise a liability order would not have been issued). For a DRO it falls under s46.13 of the insolvency manual https://www.insolvencydirect.bis.gov.uk/technicalmanual/Ch37-48/chapter46/Part%201/Part%201.htm)

 

If the insolvency service take a Controlled Goods Arrangement to be a secured debt then it cannot however be included in a DRO, an exception to the normal rules. A secured debt is not a qualifying debt for the purposes of a DRO as per s46.9 of the manual https://www.insolvencydirect.bis.gov.uk/technicalmanual/Ch37-48/chapter46/Part%201/Part%201.htm)

 

The manual does confirm (surprisingly) that there is no definition of 'secured' in the relevant legislation however I would see no obvious reason where you could argue a Controlled Goods Arrangement wouldn't be regarded as securing the debt. The Controlled Goods Arrangement will only secure the particular debt the agent was acting for at that time.

 

Craig

[dx100uk]

Agreed dro bad idea

I bet most of the op's other debts are with DCA's and unenforceable anyway!!