Andrew James enforcement limited please help?

frooglefraggle

I've had this letter through the post this morning in regards to an ongoing case with my local council..... On my last house I moved out of my landlord stiffed me by telling the council I had moved out later than I had. Creating £377 worth of debt. Now I have Andrew James demanding £700.00 I'm petrified, I'm worried that they will come this weekend while my children are hear!

This letter has arrived via Royal Mail this morning

On the top says all my details in regards to tax arrears.currently the council have this on hold as they think I am not liable but they are waiting for a statement off my ex landlord.

Our enforcement officers are due to attend immediately with a van and a crew to execute a majorstates liability order. Your goods will be removed by our enforcement team and taken to a public auction where they will be sold. You must now make immediate full payment of this debt to Andrew James enforcement limited or contact our office to arrange a suitable for our enforcement them to attend and for the removal to proceed.

While we would prefer you to be present while this task takes place it may if nesacary be carried in your absence. Additional costs and accordance with statutory regulations will be occurred and charged to your account at the time of our attendance.

Signed by them.

Firstly is this legal? And secondly what the hell can I do the council are closed on the weekend.

chanz4

They cant force entry on a private dwelling, unless they have been in before or enter via an open door etc

Gaz83

frooglefraggle wrote: »

I've had this letter through the post this morning in regards to an ongoing case with my local council..... On my last house I moved out of my landlord stiffed me by telling the council I had moved out later than I had. Creating £377 worth of debt. Now I have Andrew James demanding £700.00 I'm petrified, I'm worried that they will come this weekend while my children are hear!

This letter has arrived via Royal Mail this morning

On the top says all my details in regards to tax arrears.currently the council have this on hold as they think I am not liable but they are waiting for a statement off my ex landlord.

Our enforcement officers are due to attend immediately with a van and a crew to execute a majorstates liability order. Your goods will be removed by our enforcement team and taken to a public auction where they will be sold. You must now make immediate full payment of this debt to Andrew James enforcement limited or contact our office to arrange a suitable for our enforcement them to attend and for the removal to proceed.

While we would prefer you to be present while this task takes place it may if nesacary be carried in your absence. Additional costs and accordance with statutory regulations will be occurred and charged to your account at the time of our attendance.

Signed by them.

Firstly is this legal? And secondly what the hell can I do the council are closed on the weekend.

The action of sending you the letter is legal. However, it would usually go through quite a few stages of attempted collection by the council before being passed to a recovery agent. Have they tried to contact you about this before?

GingerBob_3

This will not affect your ability to obtain credit unless the council obtains a CCJ against you and you don't pay in the allotted time - 28 days I think.

McKneff

If the landlord said you moved out later than you did, you you have proof from the place you moved into so proving that you were not living at that address.

PaulW922

GingerBob wrote: »

This will not affect your ability to obtain credit unless the council obtains a CCJ against you and you don't pay in the allotted time - 28 days I think.

You do not get a CCJ for a council tax debt. It is enforced through the Magistrates Court. It is not going to show up like a CCJ does. That aside it is correct to say that any CCJ settled within a month of judgement is effectively wiped from the record.

If things have reached this stage then you need to get urgent legal advice - I would suggest CAB, and speak to the council tax dept at the local authority on Monday morning.

Even if the ex-landlord says you left on date A, you can still go back to the council and show that you actually left earlier than that. There must be something to confirm this? removal details? letter to the landlord confirming end of tenancy? Confirmation from utility companies?

Also - if the lease ran to a specific date, the fact you may have physically left early is not relevant unless the lease was actually terminated either by consent or in court. All the time you were the legal tenant, you are potentially liable for the council tax.

frooglefraggle

I moved out 1st feb from this address. The council have said my new rental agreement is not proof of moving out!
Apparently they have visited the previous address which was empty as the landlord has stated that I lived their until end of June and he had no forwarding contact info -which he has as he called me may!
But apparently you can have more than one address rented at a time, thus the new rental agreement and the paying of new council tax at new house isn't proof! Everything apart from the original tenancy was verbally agreed I sent a letter stating i would be moving out and gave my months notice he met me at the property and I handed the keys back. I took photos of the meters but he gave me nothing else, further more I did not pay a deposit as so much work needed doing to the property like flooring laid house needed painting and cleaned, he said if we did the work he would waver the deposit and give us the keys two weeks early to get this done before we moved in, which we did. I contacted the Electric and gas and gave details when I left but since received two further bills as they have claimed that the landlord has said I was still renting until the new people moved in. They have wavered this as I was paying at the new address from the day I moved out!
I was apparently taken to court and they visited the previous address which I did not live in and was empty ...... Everything was sent via Royal Mail and nothing signed for. I was only made aware of the whole situation last night through a phone call to my business mobile and the letter this morning!
Panicking is an understatement my partner and I are in the middle of saving for a deposit and we were looking to buy our first home next summer. We have just paid my partners debt off as his was smaller than mine! Now starting to work on mine! We w old have enough deposit by next June, I am afraid that this will stop me getting a mortgage and will utterly destroy our dreams!

enfield_freddy

your saviour might be the cancelling of the gas/elec , I know you said 2 more bills came , but at least gas/elec accept this , hell they have readings

atrixblue.-MFR-.

I would be asking for a breakdown of costs at once how does £377 get to £700 whilst the claim is on hold as they say it is but their enforcing it anyway regardless.

Important to note, that If you have children under 5 at your property And you INFORM the debt collections "enforcement team" with a letter or if there is anyone with vulnerabilities such as depression, mental health issues, severe learning disabilities, OAP's, physical disabilities etc they are supposed to refer the case back to the council.

A liability order is just a piece of paper saying you are liable for this debt, and if you let us in, we can levy goods and auction them off and if goods amount to over the specified debt we will refund the difference, OR if the good total sale amount done cover the amount of debt we'll be back to levy more goods.

If any one turns up, speak from a window, specifiy that peacefull entry will not be permitted EVER, They may threaten you with police and getting a locksmith court etc, to scare you into backing down, but just hold your ground. RECORD ON YOUR PHONE ANY INTERACTION VIA PHONE OR IN PERSON.

m4rc

Did he return your deposit at the end of the tenancy? If so did he pay that into your account? There will be a paper trail if that happened.

Additionally he should be able to prove you were paying rent so get him to prove it, it's a business transaction so he would be liable for tax on any profits from the income.

frooglefraggle

I spent all yesterday on the phone and in the council office. I have paid the council directly, as far as I am concerned they have their money!, Andrew James can go and jump! They put Andrew James on hold for 14 days to get evidence together, booked an appointment with CAB. I must say the council were absolutely no use! The front desk advice was basically just pay them it's not our problem anymore!
My child is 5 and I suffer with diabetes the stress is playing havoc on my blood sugars, and left me last night in bed at 6. Obviously diabetics who read this will tut but I have several complications with this condition and lead a perfectly normal life NORMALLY!