letter from Marston bailiffs, Waltham Cross

brightonman123

got a letter today, threatening 'imminent vist' to remove goods, regarding unpaid council tax??

no amount / pay by date given, or even any dates, though mention (imply) they have a liability order from magistrates court, but i have never had a summons / judgement..

s this right / legal / worth worrying about? I do have ongoing query with the coucil about what is due, as was in/out of work over the past year..

i have sent a non commital query via their website, and would like to know how this may need to be follwed up.

many thanks.

clutton_2

I'd contact the council asap and find out when they took you to court - only a court can order bailiffs to enter a property to remove goods.

if you were not informed of the court summons the court may wish to re-hear the case.

i would, however, start paying some council tax immediately

chappers

Yes I would worry about this and get on to the council for copies of the paerwork, I would be very surprised if the council have acted improperly in obtaining a liability order.
The bailiffs will call, but whatever you do don't let them in, don't keep your car on the drive or outside uyour house where it might be obvious it is yours, if you don't let them in they will probably only make 2 or 3 visits as they are only allowed to charge for two visits with regards to council tax £24 for the first visit and £18 for the second, if you can pay the amount to the council then do so before they come even if you are disputing the amounts, because otherwise their fees will be valid.
The council tax laws are quite clear you cannot withold payment whilst in dispute, it's silly but thats the way it is.
On a practical side do not let the baillif in or leave any windows or doors open as they can gain peaceable entry if a window or door is open, once they have gained peaceable entry they can come back at any time and force entry.
Make everyone including your childeren if you have any aware of this and not to let them in.
When the bailiffs turn up they must have with them several things
1) written authority from the council to enforce the debt
2) they must leave a copy of their charges
3) a copy of the rules governing baillifs

If you are in when they turn up just tell them you are not going to let them in you are not going to discuss the debt with them as you are in discussion with the council and you suggest that they send the debt back to the council. Do this through an open window if you do not feel comfortable opening the door, however remember that a bailiff say jamming his foot in your door is not peaceable entry.

If the bailiff does gain peaceable entry he will almost distrain some of your goods ie he will make alist of items which he may want to seize in the future to sell to cover the debt.For the present time he will leave you with the goods, this is called awalking possession and there are further charges that can be charged laid out. You can hide or remove stuff from your property before walking possession is made but not after.

Once the bailiffs give up trying to enforce the debt they will send it back to the council this is your time to negotiate with the council amethod of repayment and to get fully on the case with your dispute, whilst the debt is in the hands of the bailiffs they probably won't speak to you about repaying the debt, they will however speak to you about your dispute.
If you wish to start repaying in installments off your own back they can't stop you making payments against you account however even if you pay the debt off after the bailiffs have visited you will still be liable for their fees.
Also remember that iff they are unsuccesful at retrieving their money through the bailiffs they may move onto other methods such as Attachmentof earnings or benefits, bankruptcy,charging order or even commital to prison.
If you can pay the amount you are better off doing so and fighting your case then, there are clear rules laid down in the council tax laws and if you have a valid case you will get your money back you just need to be persistant.

brightonman123

thanks- am paying extra each week to catch up from last years arrears- though only £100 or so left, pending a query on a possible benefit overpayment as well.. - hardly merits sending the boys round?

PasturesNew

brightonman123 wrote: »

only £100 or so left, pending a query on a possible benefit overpayment as well.. - hardly merits sending the boys round?

No, you'd think they had better things to do, like jailing old ladies.

Cat100

Could sombody clafiy bailiffs rights as they are making a second visit on Friday to remove goods.This is a debt for council tax 1k,they haven't got a walking possesion order,it has been to court.What I need to know is can they force their way in?,I will ring the bailiff tomorrow.I realise this will have been covered,but i read that if it is a council tax debt they can force entry.Help:eek:

rdpro

no, they can't force entry unless you've let them in once already, I believe

SouthCoast

Information on bailiffs can be found here:

http://www.adviceguide.org.uk/d_bailiffs.pdf

brightonman123

thanks to all.. looking around though, there isnt much of any value they could take.. and the (big, old style) telly would probably do their back in!

sassybooboos

Cat100 wrote: »

Could sombody clafiy bailiffs rights as they are making a second visit on Friday to remove goods.This is a debt for council tax 1k,they haven't got a walking possesion order,it has been to court.What I need to know is can they force their way in?,I will ring the bailiff tomorrow.I realise this will have been covered,but i read that if it is a council tax debt they can force entry.Help:eek:

if they have been to your home and listed your goods and you signed it they can take the stuff away but if you don't sign they can't.

also if your goods wouldn't cover the debt they usually return it to the council, but you may have their charges on top which are extortionate.

westy7883

if your on benefits they can not seize or force you to pay they will HAVE to return it to the courts as unpaid where you can then deal with it at source the courts we have just had marstons round told them to do one and return it to court they have no choice DO NOT LET THEM IN