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    • What is the name of the window cleaning business? Have you taken photographs of the dirty windows et cetera?
    • i would suggest that you stick to researching on here only. use our search top right for say CTAX or liability order.   you seriously have some wild theories, but those are understandable.   as i have said, there won't be a court hearing you need nor would that help you at all nor are expected to attend, it's not like that, it's merely a rubberstamp exercise .   there is no right of forced entry for bailiffs collecting CTAX debts. the bailiff process is one of a letter which will be entitled Notice of enforcement, this gives you 7 days to pay the sum it outlines with an associated fee of £75 for it being sent. the 2nd step will be a visit, you have no legal remit to engage with them at all, i i would not do so under any circumstances, that visit will add a further £235 fee those are the only things a bailiff can do. the most they can charge is a total of £310.   police do not ever get involved in civil matters like CTAX debt. not sure where you ever got that idea from.   its saturday now so use the W/end wisely, get reading up HERE ONLY it might well pay you on monday to go RING the council CTAX dept and plead poverty etc etc. it might also pay you to find the email address or even better phone number of your local MP and get him involved. they can do wonders.   dx 
    • NPAP see here: VCS Spycar PCN PAPLOC now Claimform - no stopping - London Southend Airport ***Claim Dismissed*** - Page 7 - Private Land Parking Enforcement - Consumer Action Group
    • Hi Stu and dx1000uk,   I have done the online assessment and as I suspected I already receive the maximum benefits available to me.   Yes I was referring to the fact that some times I know that non-payment of council tax can lead to imprisonment so thanks for clarifying.   let's say I can't make their demands for payment and they do send bailiffs in, I assume these are the type of bailiffs I can just not let in and then after a certain amount of attempts they give up right? does the council then not send the police round? This is what I can't work out and worries me.   The council already know that I am struggling and can't make the payments but when do I get my chance to tell a court or the police that it's not that I don't want to pay but that I can't pay?    Walshy
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
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Hi,

 

This is my first post here and need some advice please -

 

Had a letter given to me by mum yesterday which I opened to see it was from marstons and a notice of enforcement for HMCTS for £8,900.00.

 

I was given a £11,600 fine last year for a VAT debt from the magistrates ( was to do with no giving security at the time) which was a £500 fine and £11,100 compensation.

 

I have been paying this fine and was being paid every month, I believe the last couple or maybe just 1 (need to check) haven't gone out for some reason. Obviously debt has already gone down by £1700.00 since June last year when imposed.

 

The details on the notice of enforcement state " a warrant of control has been issued by her majesty's courts and tribunal serve, distress warrant and then a date of 17/05/2017.

 

I have read somewhere about it can only be enforced within 180 days of the date? What does that mean?

 

I don't have £8,900.00 to pay marstons and don't know what to do, I have read that they won't accept payment plan?

 

I am already in an IVA as of Feb 2017 which I know this can't go in as is a court fine.

 

Will the court if I call them cancel this down and go back to the original payment plan?

 

Any help would be great.

 

Thanks in advance.

 

Adam

Edited by dx100uk
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The details on the notice of enforcement state " a warrant of control has been issued by her majesty's courts and tribunal serve, distress warrant and then a date of 17/05/2017.

 

I have read somewhere about it can only be enforced within 180 days of the date? What does that mean?

 

Adam

 

Hi Adam,

 

When a warrant of control is issued, the enforcement company (in this case Marston) should return any uncollected warrants after the period of 180 days. Payment arrangements for unpaid court fines are not at all generous (usually 3 months possibly 4, but rarely over 180 days. The exception would be where an account is being managed by their Welfare Department.

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Hi,

 

Had a letter given to me by mum yesterday which I opened to see it was from marstons and a notice of enforcement for HMCTS for £8,900.00.

 

I was given a £11,600 fine last year for a VAT debt from the magistrates ( was to do with no giving security at the time) which was a £500 fine and £11,100 compensation.

 

I have been paying this fine and was being paid every month, I believe the last couple or maybe just 1 (need to check) haven't gone out for some reason. Obviously debt has already gone down by £1700.00 since June last year when imposed.

 

I have read that they won't accept payment plan?

 

I am already in an IVA as of Feb 2017 which I know this can't go in as is a court fine.

 

Will the court if I call them cancel this down and go back to the original payment plan?

 

Adam

 

What date is the Notice of Enforcement?

 

Almost certainly you need to be making contact with Marston's to advise them of the IVA and your ongoing obligations to the creditors to adhere to the monthly repayments. They may want to see a copy of the agreement.

 

The company will accept a payment arrangement but as I said yesterday, repayment proposals for Magistrate Court fines are not at all generous. I am frequently asked the reason for this so I should explain:

 

In the first instance, it is important to understand that a court fine is considered a punishment for wrong doing (in other words; for breaking the law).

 

The amount that Marston's are collecting on behalf of HMCTS is made up of 4 different sums as follows:

 

Compensation

Victims Surcharge

Prosecution Costs

Fine

 

From payments received from Marston's (after deducting their fees), HMCTS, must first discharge the compensation amount followed by the Victims Surcharge and Prosecution Costs. Only after all these amounts are cleared in full can the balance go towards discharging the government's debt (the court fine).

 

All the while the warrant of control is with Marston's the court will not entertain bringing the debt back into their control. If Marston are unable to obtain payment then the warrant will be returned and you will then be in a position of approaching the court for a new repayment proposal.

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What date is the Notice of Enforcement?

 

Almost certainly you need to be making contact with Marston's to advise them of the IVA and your ongoing obligations to the creditors to adhere to the monthly repayments. They may want to see a copy of the agreement.

 

The company will accept a payment arrangement but as I said yesterday, repayment proposals for Magistrate Court fines are not at all generous. I am frequently asked the reason for this so I should explain:

 

In the first instance, it is important to understand that a court fine is considered a punishment for wrong doing (in other words; for breaking the law).

 

The amount that Marston's are collecting on behalf of HMCTS is made up of 4 different sums as follows:

 

Compensation

Victims Surcharge

Prosecution Costs

Fine

 

From payments received from Marston's (after deducting their fees), HMCTS, must first discharge the compensation amount followed by the Victims Surcharge and Prosecution Costs. Only after all these amounts are cleared in full can the balance go towards discharging the government's debt (the court fine).

 

All the while the warrant of control is with Marston's the court will not entertain bringing the debt back into their control. If Marston are unable to obtain payment then the warrant will be returned and you will then be in a position of approaching the court for a new repayment proposal.

 

The date of enforcement is 17/04/18. I have spoke to them today and the least they will take is £2600 up front with the balance payable within 4 weeks after.

 

So as you say not very generous. I have made a complaint to the court today and requested the enforcement is paused or stopped. See what happens.

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