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Hello there,

 

I have recently been away from my rented flat as I have been looking after a very ill family member.

It was very stupid of me, but I never gave paying my council tax any thought.

I have been out of a job for awhile, and have only just started to apply for benefits.

 

When I returned to my property, I was greeted with a lovely notice of enforcement letter from Marstons Holdings, stating I had until the 10th April to pay.

Well I did not get back to the property till the 12th.

 

I have tried to contact Marstons directly, having no help whatsoever.

I have contacted the council recovery team at Leeds City Council, and they have put my account on hold for 14 days.

 

My question is

does this stop the bailiffs from being able to attend my property for 14 days also?

If not, has anyone else had dealings with Marstons, and how long did it take for them to attend your property after the due date on the notice of enforcement letter?

 

Thank you for taking the time to read my dilemma.

I look forward to reading your responses!

Edited by dx100uk
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Hello and welcome to CAG.

 

I've moved you to the bailiffs forum and left you a link to follow from the local authorities one. People should be along later with advice for you.

 

Best, HB


Illegitimi non carborundum

 

 

 

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Hello there,

 

Well I did not get back to the property till the 12th. I have tried to contact Marstons directly, having no help whatsoever. I have contacted the council recovery team at Leeds City Council, and they have put my account on hold for 14 days.

 

My question is does this stop the bailiffs from being able to attend my property for 14 days also?

 

The council in agreeing to suspend all enforcement will have notified Marston so you should have no concerns on that front.

 

Why have the council have taken this step?

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As the Council has put your account on hold, the bailiffs should not call within that time so that gives you some breathing space to sort out the financing of your Council tax. That may be easier said than done since you will not be able to take any benefits that may eventually be due to you into account just now.

 

You may be lucky and the Council may agree a repayment scheme with you by-passing the bailiffs altogether.

If they do that, then unless you default on the payment plan, the bailiff action will cease.

 

Many councils will hand you over to the bailiffs to arrange the repayment plan and they are often not easy to deal with-nor are they sometimes easy to contact as you have already discovered..

 

If the worst happens and the bailiffs do return, whatever you do, do not let them into your property for any reason and until the matter is resolved, if you have a car do not leave it anywhere near your property as they may clamp it to get their money.

 

Now we need to go back a while to see if there is a way of getting out of paying some of the bailiffs fees.

At the moment you are in for £75 which was incurred when the Council handed your case over to them and they sent out their Notice of Enforcement giving you 7 clear days notice [ie does not include Sundays nor Bank Holidays] from the date you received the letter.

 

If you do not contact the bailiff within that period and arrange a repayment plan the bailiff must call to your property to arrange payment.

He does that by entering your premises with a view to making a list of items of yours that he can take to repay the debt.

{so if you don't let them in , they cannot list the items required but they would clamp your car if they could find it]

 

Just by calling round even if you were not there is enough to have incurred a further £235 fee-which has already happened in your case.

However some bailiffs rely on people not knowing the 7 day rule

 

If you would kindly let us know the date of the Enforcement letter, the postmark on the envelope and whether the letter was sent by either Royal Mail 1st class or second , or by one of the independent mail delivery systems, we will work back from the 8th April to see if they got it right.

 

I know it is difficult to think of everything else when a loved one is seriously ill, but it would help if you could tell us how long you have been away from home and while aware that you were behind in paying Council tax what did you know about any action that the Council had or were about to take to get you to bring your account up to date.

Edited by dx100uk
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If not, has anyone else had dealings with Marstons, and how long did it take for them to attend your property after the due date on the notice of enforcement letter.

 

The Notice of Enforcement must give you 7 clear days to either make payment in full or to set up a payment arrangement with the company (in this case; Marston Group). Most companies who are members of CIVEA allow a period of 14 days. This 'period of time' is refereed to as the 'Compliance Stage'. The Notice must not only provide a date when the 'compliance' period ends.....they must also provide a time (usually 23.59pm)

 

Once the 'compliance stage' has ended, the debt can immediately be assigned to an individual enforcement agent and in principle, he can make a personal visit to your home the following day. The enforcement fee of £235 cannot be applied when the debt is passed to the enforcement agent.....it can only be charged when the enforcement agent physically attends your property.

 

PS: If the EA has attended your home, it is usual to find a hand delivered notice through your letterbox.

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