rossendales rossendales/bailiffs

[bruno555]

can any body help

i have council tax arears of £380.00 and have been paying rossendales £10.00 every fortnight since november09 as i am on jobseekers alowance and i got a letter put through my door from rossendales saying i should have been paying £40.00 per fortnight and now they want the debt paid in full or the are coming back to take my goods and have added an extra £130.00 on the debt can they come in my house and what should i do? can anybody advise ?

[spamheed]

Have they been into your house previously?

[bruno555]

i should have said nobody has been in my house before

[spamheed]

In which case they would have to gain entry by peaceful means, ie through an open and unlocked door or window. They cannot simply sieze what they want, they have to gain peaceful entry to your house first and of course you shouldn't let them have this. speak to them (if necessary) from an upstairs window, but do not let them into your house.

 

Make sure all of your doors and windows are locked, make sure any vehicle is parked well away from your property so that it cannot be levied upon. any garden furniture should also be removed from the garden so that they cannot levy against this.

 

If you have come to an agreement then they have no right whatsoever to unilaterally change it. I would suggest in the first instance, contacting the council and notifying them of this unreasonable behaviour and the application of the unlawful charges, insist that they should take back the debt due to this behaviour by the bailiff. You may also wish to enquire as to whether you meet their criteria as a vulnerable person. this would result in all enforcement action ceasing immediately

 

Note that you are not refusing to pay the outstanding debt, only refusing to deal with a company whose integrity and honesty you have good reasons to doubt and whose charges would make it more difficult to settle your debt.

 

You are under no obligation to deal with the bailiff. If the council or bailiff states that you are then they are mistaken, you are obliged to pay your council tax but only TO THE COUNCIL!!!

 

Continue to pay the £10, but ideally pay it directly to the council, either over the counter or via online means as the bailiff will simply use your payments to pay their fees prior to settling with the council

[bruno555]

thanks for that mate i will contact the council on monday as i tried to speak to rossendales and they wouldnt listen and told me i had to speak to the bailiff in person by the mobile no on the letter

[spamheed]

This is par for the course, they expect you to deal with the chimp who's threatening you.

 

Don't be too surprised if the coubncil initially try to spout the same rubbish. they are responsible for the actions of the bailiff, so if the bailiff is attempting to break an agreement and apply unlawful charges, then he is doing so as an agent of the council and you need to be persistent.

 

But I would stop paying the bailiff full stop

[RaeUK]

Hi bruno. You'd probably be better writing to the council both to complain and request they take the file back. That said, by all means phone first, you may have an uncharacteristically helpfull council...

You need to explain that you had an agreement with their bailiff to pay the most you possibly could do so. They have broken that agreement and are trying to qaudruple the amount you pay. Explain that you are on benefits with no savings to fall back on.

They should observe the following:

 

Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

 

Those who might be considered vulnerable include the following:

the elderly;

people with a disability;

the seriously ill;

the recently bereaved;

single parent families;

pregnant women;

unemployed people; and,

those who have obvious difficulty in understanding, speaking or reading English.

 

 

To me, the bailiff breaking the agreement strengthens your argumant to deal directly with the council at £10 per fortnight. There will be little trust between you and rossendales...

 

 

Good luck

Rae.

[seanamarts]

Its always best to ask to speak to some one a little higher than the people who answer the phones as they often do not know about bailiff matters etc.

It often pays to find out who is in charge of council tax management at your local office and ask to speak to them,they are a little more knowledgeable in these circumstances and more often than not will take time to listen, more so than the first person you get to talk to.

[bruno555]

thanks every body for your advise i will try council tomorrow and see what happens should i still continue to pay rossendales ?

[RaeUK]

Personally, I'd see what happens with the council over the next few days. I don't think the bailiff is prepared to reinstate your offer...

Best wishes.

Rae.

[jimbo45]

Hi there

It's time we put THESE **** out of their misery once and for all -- Rossies You are in my sights for 2010 - I'm writing to EVERY COUNCIL you have a contract with and will include every possible "Breach of allowed fees" -- so hopefully when your contract is up -- that's it --BYE BYE.

 

1) NEVER EVER LET THEM IN -- once they've gained admittance its harder.

 

2) WRITE TO THE COUNCIL (RECORDED DELIVERY) WITH AN OFFER TO PAY SOMETHING --even if the phone monkeys refuse eventually the council MUST take back the debt.

 

3) NEVER HAVE ANY CONTACT WITH THE BAILIFFS WHATSOEVER -- YOU DON'T HAVE TO (subject to 1 above so its VITAL YOU DONT EVER LET THEM IN).

 

4) ALL THEY CAN CHARGE IS FOR 2 VISITS -- 24.50 GBP and 18.00 GBP -- You'll probably have to pay these even if you do pay ther council.

 

5) "VAN FEES" etc are ILLEGAL if they haven't managed to levy anything -- even if they get an AIRCRAFT CARRIER OUTSIDE YOUR HOME.

 

6) PARK ALL CARS ETC WELL AWAY FROM YOUR HOME.

 

7) IF THEY STILL TRY AND GET IN --2 Fingered salute and call "Mr Plod".

 

 

THESE PEOPLE SHOULD BE HUNG DRAWN AND QUARTED IN PUBLIC.

 

(If it ever does go back to court and you've offered something -- then no problem --DO NOT TRUST AT ALL WHAT A BAILIFF SAYS --EVER EVER EVER. THEY ARE OFTEN WORSE THAN DCA'S).

 

Cheers

jimbo

[doddysgal]

I have been in same position and here is what you have to do -

 

Do NOT ALLOW THEM ENTRY they are not allowed to force entry and police CANNOT help them break in as thi is against the law.

 

DO NOT leave windows or doors open as they cannot let themselves in.

 

Pay council DIRECT!

 

They might tell you that you cannot but I am proof you can and at present my account is up to date. Please don't worry they don't have as much power as you would believe, they are just bullies. Make regular payments at what you can afford directly to he council via telephone or online.

Edited January 18, 2010 by doddysgal
spelling

[doddysgal]

Oh by the way this is why I knew what my rights wre ave a read-

 

Bailiffs and debt collectors : Directgov - Money, tax and benefits

[bruno555]

thanks for all you help everybody spoke to council and said i can start paying them again and they will have a word with rossendales and hopefully bye bye bailif:D

[spamheed]

Good stuff, keep the doors and such locked until you are 100% sure they have been called off

[RaeUK]

Good news and fingers crossed

Rae.

[doddysgal]

I've just learnt that they had £1690 in another account for me so took me to court when they had the amount owing plus more from 2010. People need to check to make sure they don't have more than one account. I'm currently seeking advice as I want to take council to court for causing undue stress.