Running out of time!!

[Assistanceneededpls]

Hi,

 

This is my first thread on this site and i'm hoping that someone can help me urgently.

 

I have an old council tax debt that I thought had been dealt with (by my wife) but it turns out it hasn't been.

 

The company collecting on behalf of my local council is Rossendales.

 

They contacted me by telephone in February to see if I could make a payment or pay the balance off in full,

I explained that this debt was being dealt with (as we have another tax bill we are paying off, not realizing that this was a separate issue)

 

they called me back again in February but this time to tell me that they have passed the case to a bailiff,

I tried explaining that there were crossed wires and that I was willing to setup a payment plan to rectify the issue,

I got cut off and rang them back the following morning only to be told that there was nothing they could do (or willing to do) as the case had now been passed to the bailiff.

 

They gave me the bailiffs number and I gave him a call,

he told me that he hadn't picked up my case yet but will do later that day and could not discuss the case until he had looked at it.

I asked him if he could call me back once he has looked at the case, but he said that was not something they do so I called him back instead.

 

I was told that the next course of action would be them calling at my address to hand deliver a letter and that there was nothing more I can do until this has happened.

 

... I received a hand delivered letter yesterday evening and called the bailiff back this morning to setup a payment plan

only to be told that its not an option and they will be back at 2:30pm today to collect my goods unless I make payment in full (£1100 that I don't have).

 

I have spoken to Rossendales since and have been told that they are unwilling to call off the hounds even though

I have expressed my wish to settle the account with monthly installments and that its all been one big misunderstanding.

 

I have been reading on here since that call but thought I would start my own thread for some tailored advice.

 

Any help is appreciated.

[ploddertom]

First & most important stop ringing them. You need to speak to someone at the Council and ask the following questions:

1 - how many Liability Orders they have against you

2 - the dates they were obtained

3 - the addresses they were for

4 - the period of time each covers

5 - how much each one was for

6 - how much is still outstanding

7 - the dates they were passed on for enforcement

8 - the dates & amounts of any payments

[BankFodder]

Some more specialised advice will be along soon - but basically, don't let them in unless you see a warrant. Record everything - sound and video if you can.

 

Be careful. Rossendales bailiffs seem to have a poor reputation

[unclebulgaria67]

You don't have to deal with the bailiffs. It is not worth speaking to them, as they don't appear to listen. Keep all doors and windows locked. Don't park any car that you own near the driveway, as they will put a levy on it. Any garage that you have keep locked. Make sure there is nothing of any value in garden or sheds. NEVER LET THEM IN. DO NOT OPEN DOOR TO THEM. SPEAK TO THEM THROUGH LOCKED DOOR ONLY IF THEY TURN UP. If they ever manage to come into your house, they will just apply loads of extra charges, make a list of your house contents on a levy and try to get you sign a walking possession order. DO NOT EVER SIGN ANYTHING.

 

What you need to do, is go back to the council and arrange to pay them. Explain the situation, that Rossendales are refusing to deal with you properly and are just demanding the full amount.

 

You need to ask the council for details of this council tax bill outstanding and details of any liability orders.

[ploddertom]

There is no law that says you have to deal with or speak to a Bailiff. Regardless of anything they say you do not have to allow them into your home - if this happens the debt increases substantially. You may pay the Council direct using online banking, Council website or automated phone.

[outlawla]

.....I was told that the next course of action would be them calling at my address to hand deliver a letter and that there was nothing more I can do until this has happened.

 

... I received a hand delivered letter yesterday evening and called the bailiff back this morning to setup a payment plan.....

 

Out of interest, were you in when the bailiff delivered the letter? Did he knock?

 

It sounds like his objective is maxing out his fees. He has forgotten the purpose of his visit, which is to make contact with the alleged debtor by visiting their premises with a view to levying distress.

 

Delivering a letter is "an aside" and something he's obliged to do under the National Standards for Enforcement Agents, not the purpose of the visit to secure his first fee (£24.50) as he seems to think.

Edited February 22, 2013 by outlawla

[Assistanceneededpls]

Thanks for all the help so far....

 

I have spoken to the council and the first thing they said was that I hve to deal with the bailiff direct, but when I explained that both Rossendales and the bailiff were being unreasonable and not accepting my offer of payment, they gave me an email address and told me to put my send my concerns over to them, plus they asked me how much I am offering to pay.

 

I asked them how much the outstanding amount is and they told me £882.90, when I asked the bailiff the same question he quoted me £1167.40!!!

 

Surely that can't be right?

[unclebulgaria67]

Bailiffs appear to make many mistakes, but some people may use a different word than 'mistakes'. Or the council have made an error. Anyway deal with the council from now on, whether they like it or not.

[Assistanceneededpls]

I have emailed the council, I will let you know their response.

 

Thanks again

[Assistanceneededpls]

I have emailed the council, I will let you know their response.

 

Thanks again

[i hate bailiffs]

Thanks for all the help so far....

 

I have spoken to the council and the first thing they said was that I hve to deal with the bailiff direct, but when I explained that both Rossendales and the bailiff were being unreasonable and not accepting my offer of payment, they gave me an email address and told me to put my send my concerns over to them, plus they asked me how much I am offering to pay.

 

I asked them how much the outstanding amount is and they told me £882.90, when I asked the bailiff the same question he quoted me £1167.40!!!

 

Surely that can't be right?

 

That is the normal reply from the council

as above pay the council direct online or automated telephone service

 

Keep the bailiff out there is no right of entry no locksmith and no prison or any other dribble he comes out with

 

bailiffs have a liability order don't be fooled by bailiffs calling it a court order or warrant

all words to scare you and make you think the bailiff is the powerful one

[tomtubby]

The most important things to do are as follows:

 

Call the council to obtain confirmation of the amount of the Liability Order

 

Next ensure that you do NOT make an appointment with the bailiff to allow him to come into your home.

 

Ensure that you do NOT have a car outside of your home.

 

As long as the bailiff does not come into your home or leves upon a car then the fees that he can charge to your account are LIMITED TO £42.50

[BazzaS]

Just to add to the above (excellent) advice : when they say "don't let the bailiff in" & "don't open the door", just as a reminder this would include declining any (apparently unrelated) innocuous sounding requests such as:

 

"To get this agreed I need to call the office from a landline, can I use yours to speed this along" or

"I need the loo, can I use your facilities"

[brassnecked]

Do not let them in period, hide any car a good 5 - 10 minute walk away, film him through the letterbox, or an upstairs window, to capture any threats or exaggeration of powers that can form the basis of a Formal Complaint. A bailiffs mouth can land him in the doghouse as soon as he opens it.

[Assistanceneededpls]

Thanks for all the advice everyone,

My wifes car was on the drive when he delivered the letter, would he have put a levy on it then?

Also, he told me yesterday that I had until 2:30pm to pay the balance in full as thats when he was due to call back to remove my goods... I waited in for him all day and he didn't show, could this be because I have written to the council?

I am supposed to be going out tonight and my wife is really worried that he will return whilst im not there, has anyone experienced bailiffs calling in the evening on a weekend?

[brassnecked]

They can call up to 9pm on Saturday, but not on Sunday. he may haver noted the registration number of your wife's car, as if they add a levy fee to any charges they will concoct a retrospective and potentially unlawful, as in not provided documentation at the time of the levy using that reg no.

[i hate bailiffs]

[quote=Assistanceneededpls;4152048

Also, he told me yesterday that I had until 2:30pm to pay the balance in full as thats when he was due to call back to remove my goods...

 

Dont fall for the bailiffs dribble you have found out that bailiffs lie

 

the only goods they could remove would be outside/in the shed anything of value needs moving

 

there will be no removal of goods from the house there is no right of entry for the bailiff no locksmith no nothing

If/when he attends you do not need to answer the door or speak to him

 

did i mention bailiffs lie

[brassnecked]

yes Rule No 1 Bailiffs Lie

Rule 2 do not trust a bailiff

Rule 3 refer to rules 1 & 2

[ploddertom]

Thanks for all the advice everyone,

My wifes car was on the drive when he delivered the letter, would he have put a levy on it then?

Also, he told me yesterday that I had until 2:30pm to pay the balance in full as thats when he was due to call back to remove my goods... I waited in for him all day and he didn't show, could this be because I have written to the council?

I am supposed to be going out tonight and my wife is really worried that he will return whilst im not there, has anyone experienced bailiffs calling in the evening on a weekend?

 

Bailiffs are not very good at timekeeping and issue threats like this to up the ante against you. If he comes whilst you are out all he can do is post a letter through your door. The purpose of the Bailiff visiting is for him to attend with a view to distraining on goods. If he is unable to gain access to your home - by either there being no one at home or you refusing to let him in - then he may charge a 1st Visit Fee of £24-50. If he attends again and a similar thing happens then he can charge a 2nd Visit Fee of £18-00. After that no matter how many times he calls he can charge no more.

 

However should you allow him or have a car outside - that isn't on HP or similar - then the situation changes. He can charge a levy fee which is percentage of what you owe, he will almost certainly arrange things so that you default on any payment arrangement and add an Attending to Remove Fee of approx £150/£200 to your debt.

 

You can see now why you must not allow him to gain a levy on your goods. He must at the time of levying any goods leave you a Notice of Seizure detailing the goods seized and also the fees that you have incurred - this is a legal requirement.