Rossendales Council Tax

[GaryHatesPaypal]

Hi there, Please can I have some help with my situation?Last year, after splitting up with my wife I got a small flat on my own for 5 months but due to her being very ruthless I was left with very little money (£200 after bills) so I got behind on my council and actually owed them £400 when it went to court.Rossendales debt collectors have since taken this debt over and the initial contact was in December at my new address, I was at work so the bailiff left an inventory checklist and earnings form. I did not fill this in. He did not attempt to collect it.Today I received a phone call saying that a 24 hour notice has been posted through my door and that I now have to pay £700+ or they will enter the property.... I have said I want to pay this off, that I had a form which the bailiff never collected blah blah blah, they said they have done a DVLA check and found my car (which I will be leaving at the train station from now on - out of sight)However, me and my girlfriend are moving out of the house in 2 weeks and at the property now there is only kids beds/toys/kids tv/our plasma tv and a sofa, the majority of household furniture is in storage for our new place.As the fine is for Council Tax, issues by the Magistrates, what rights do Rossendales have? I have never let them into my house and only spoken to them on the phone.Thanks in advance for all your help

Edited June 20, 2012 by GaryHatesPaypal

[ploddertom]

You appear to be suffering from that wellknown illness - a bailiff with an over active imagination.

 

There is no law that says you have to speak to or deal with a Bailiff. Do NOT allow him entry to your home whatever lame excuse he comes up with. He may threaten & cajole but as long you deny him entry & prevent him levying on goods outside he is powerless - the Pharoahs eunuchs had more. He has to be able to gain peaceful entry.

[caledfwlch]

Are Bailiff's allowed to do a pre-emptive check to get a list of any vehicles a person may own, as opposed to seeing a vehicle and then checking if its the debtors?

[Feebee_71]

I thought that the DVLA could only check whether a specific vehicle is registered to a particular person and not do a list of vehicles with a particular person as registered keeper!!!

[GaryHatesPaypal]

Cheers guys, I live in St Helens, but work in Stafford (70 miles away)So I drive to the train station and park up there at 06:15am my car is there until 6 and then I park it at home.Would it be worth parking around the corner and out of sight? Even if they have a magistrates court order, they are not allowed in, right?

[ploddertom]

There may be a suspicion the Bailiff has done a drive by and noted the vehicle, to be on the safe side you should leave the car a good 10 minute walk away from your home. The Magistrates may well have signed the Liability Order but in this instance it is not for a criminal matter and confers no rights of entry to the Bailiff.

[GaryHatesPaypal]

"The Magistrates may well have signed the Liability Order but in this instance it is not for a criminal matter and confers no rights of entry to the bailiff."That is what I wanted to hear!

[GaryHatesPaypal]

With regards to 'peaceful entry' We have a main door with a standard lock and in front of that a porch door.Now the main (internal) door locks fine, however the new double glazed porch doorwhich is the first door does not lock.So anyone can enter the porch but will be stalled by the main door being locked.Is that reason enough for them to get a locksmith?

[wonkeydonkey]

Before they can get a locksmith they will need a warrant from the Court...before that they will need the Council to agree to applying for a warrant....before that the Council have to prove you are a 'No Pay'..... so work backwards and start paying the Council Direct by their online system weekly /fortnightly/monthly at a rate that is affordable to you and sustainable by you..as you are employed I would suggest a realistic figure to be £25 per month..and since this is 'old CT' not current, it is not classed as a priority debt, so no need to agree to any extortionate amounts the bailiff will be looking for to repayments!!! Weekly payments will quickly establish a trail you being a 'payer' and there is very little the Council can do to getting a warrant once payments are underway!!!

 

WD

[caledfwlch]

I do not think accessing the porch would class as entry into the house.

 

If it makes you feel better get some string and secure the handles with it. The only way the Bailiff will then get in is by "Using Force" to break the string, and thus is not peaceful entry anyway.

 

I suspect if they could use Porch's to claim peaceful entry into the entire house, they would do so for sheds, garages, dog kennels.......

[ploddertom]

I assume the porch was an "extension" to the house, meaning your inner door was your original outer door. In which case they can go and play with themselves, but who knows how Bailiffs think.

[GaryHatesPaypal]

Cheers for all of your help guys. We move out of the house on the 6th our last night being the 5th July. I have paid £50 of the original council tax direct online, I will do this until the original debt of £400 is paid (Rossendales have bumped it up to £700) I rang them up last night and claimed if they can wait until the 8th they can have the payment in full, stall tactics of course, they said they intend to seize goods. The joke is, we are moving and everything we own is currently in storage. At the house as I said before we only have a plasma, sofa and an iPod dock. The TV is being collected on Saturday as I have sold it and upgraded (which will be delivered to our new address) There is literally nothing of value in the house at present, so I spoke with them on the phone and said “The bottom line is, the house is currently empty (played on the fact we are having it renovated) and you can wait until the 8th and have payment in full or you can come round again. But I guarantee you, we will not allow you access to the house and you will not know where my car is. As for ringing the police, feel free too. I will not raise my voice, disturb the peace in anyway shape or form. This is not a criminal fine so you have no legal right to enter my property with force” They said “We intend to seize goods and will be round within 24 hours.”Dooors and windows are locked. They can go swivel. I felt pretty good after that.