Rossendales problems

[lleah20a]

Hi,

 

 

I wonder if anyone could please give me some advice.

 

 

Back in March I was visited twice by a bailiff for council tax debt.

 

 

There were 2 smallish fees added to the amount owed each time.

 

 

I told the bailiff I would not let him in and Rossenadales would not accept

the amount I could afford to pay each month.

 

 

I wanted it sent back to the council.

 

 

I don't own any vehicle for him to take.

 

 

I am visiting CAB tomorrow to see if they can help with this.

 

 

Last week he came back I ignored the door

but the letter he put through the door had the new fee of around 200

and the previous fees had been removed.

Which would be the correct fees please?

 

 

Can he just remove the original fees and apply the new ones?

 

 

Also I know the law has changed regarding bailiffs since April.

 

 

Can they now force entry for council tax debts?

 

 

Last time I spoke to the bailiff he said they would be able to use a locksmith

once the new laws were in place.

 

 

I am very worried about this.

 

 

Thanks for any help

[dx100uk]

if he visited before april 6

you are on the old rules as far as I understand it.

 

 

pay the council directly

 

 

have you got the back ground to these

 

 

and what LO's are in place

and when they were attained?

 

 

I'd do the following:

 

Here is something to be getting on with.

.

First of all establish from the Council how much was owing etc

.

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

......................... ..

.

Next you need to send off for a breakdown of the charges the Bailiff applied.

.

Here's an example,

use and ADAPT at will and best sent initially by email backed up by a copy in the post.

.

"From:

My Name

My Address

.

To:

Acme Bailiff Co

Bailiff House

.

Ref: Account No: 123456

.

Dear Sir

.

With reference to the above account, Can you please provide me with a breakdown of the charges.

.

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at.

e - the date of the Certification.

.

This is NOT a Subject access request

uest under the Data Protection Act S7 1998

so does not incur a fee of £10. You are obliged to provide this information.

.

I require this information within 14 days.

.

Yours faithfully

.

Ripped off customer"

.

[dx100uk]

and no he cannot force entry

 

 

dx

[ploddertom]

Were the 2 smallish fees £24-50 & £18-00? Were you given a list of charges at any time? Did they ever make a levy on any goods and if so what? Do you know how much was owed as confirmed by the Council?

 

CAB advice can be very variable and a lot will say you have to let them in to do a levy, so be very careful on what they suggest.

[lleah20a]

Thanks, I will send that and take all bailiffs letters to CAB as they have said they will speak to council on my behalf. In the meantime are they allowed to use force to get into my home?

[lleah20a]

They told me not to let them in. I have never let them in and i have no car so they have no levy on my goods. Those fees you quoted are correct yes.

[lleah20a]

I know I owe the council a little over £100, but with the new fees he added it is over £300 now

[ploddertom]

Under the Transitional arrangements you will have been charged as follows:

Compliance Stage - £42-50 - from 6 April this is £75 but they are allowed to use the previous Visit Fees as this for pre-April 6 cases

Enforcement Stage - £235 - this is because there is no agreed arrangement in place with either Council or Bailiffs.

 

As you offered a sum of money previously did you actually pay anything to try and pay it off? It could be argued that the Enforcement Agent has refused a an offer of payment prviously and did not explore your circumstances to see if this was reasonable or not. Do you claim any Benefits at all? Is there anyone in the household who is chronically ill or disabled? Do you have a young family at home?

[lleah20a]

Work part time, only few hours a week, so get WTC/CTC. Have children at home, the youngest is 8 though. I have paid around £30 altogether , but direct to Rossendales not the bailiff

[lleah20a]

Thanks for everyones help. Also, can they apply to the courts to get a warrant to enter by force and would I receive advance warning of this if they can? I thought that I would receive a summons to appear in magistrates court if I couldn't come to any arrangement

[ploddertom]

Thanks for everyones help. Also, can they apply to the courts to get a warrant to enter by force and would I receive advance warning of this if they can? I thought that I would receive a summons to appear in magistrates court if I couldn't come to any arrangement

 

Just hot air from them to try and intimidate you. If they have never gained access to your home or seized goods outside then they are just pi$$ing in the wind.

[ploddertom]

Work part time, only few hours a week, so get WTC/CTC. Have children at home, the youngest is 8 though. I have paid around £30 altogether , but direct to Rossendales not the bailiff

 

Have you considered getting in touch with your local Couincillor(s) and asking them to intervene on your behalf - best initial contact is by phone. It would seem to me that Rossendales have just seen an opportunity to add fees particularly if you have paid them in the past.

[lleah20a]

Thanks so much. I hadn't thought of contacting my councillor but my MIL has been helped by him with other matters before so I will get his number

[ploddertom]

If he is prepared to help then you you must tell him that Rossendales refused a payment proposal that would have seen the debt paid off within approx 6 months?? preferring instead to add extra fees that have trebled the debt?? outstanding. Refer him to:

 

[ATTACH=CONFIG]50978[/ATTACH]

[goodatresearch]

I don't know if this will help, but here goes. A relative of mine offered £5 per week re CT to a bailiff who refused as he wanted more. She rang the council and the person spoken to was very rude and judgmental and wouldn't help. We rang again and my relative put me on the phone. I explained that the bailiff was refusing a reasonable offer based on affordability. This council employee was quite reasonable and emailed them as we were on the phone and instructed them to accept £20 per month. She said they couldn't refused. I then wrote to the council and the bailiff repeating the details of the conversation and asked for written confirmation.

[i hate bailiffs]

If the bailiffs are not able to levy and yo keep them out

They will have little choice but to hand it back to the council for further enforcement

But it can take some time

Any payments direct. To the council do so weekly so a payment history builds up

Keep property secure and do not let them in despite what lies they say

[guitarist27]

I hate bailiffs is correct - they are not able to levy if you do not have a car and can't do what is know as a "doormat levy" (ie levy goods such as a dustbin.) Make sure in the meantime that all your valuables are locked away, out of sight inside your house and keep all doors and windows locked shut when you are not home. Bailiffs can gain entry through an open window or door legally.

 

What you need to do is gain the following information from the council, as DX100UK stated above. What you need to understand is the amount that was passed from the council, the periods which these amounts are for and ultimately, the amounts of the charges that the bailiffs have applied to your account:

 

*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*

 

Once you have that information, post a message back with the responses they give and we'll advise what to do next.

 

I have been down this road myself; I had a bailiff chasing me for council tax payments who tried to raise a levy on a vehicle I didn't even own (one of my neighbour's cars!) I complained all the way to the council (as they are legally obliged to deal with complaints regarding contractors under their employment) and the bailiff sent me a letter stating that the levy fee had been removed and that if the council were happy with me to continue paying them directly it would take no further course of action. Don't worry you're in good hands

[brassnecked]

If they have no Control of Goods Order signed in ink from yourself then their options are limited, if they come back with the breakdown and claim they have a Contyrol of Goods order on a neighbours. or a random car they are Ombudsman fodder, as any Control Order MUST be signed by the debtor at the time, and as Dossers have not had entry that would be impossible. If there is arandom car levy dated BEFORE April 6th then the whole schedule of fees would be wrong, as they should then have applied the Old rules throughout, and have to remove most of the fees if they claimed an invalid levy.

[lesterlass]

I hate bailiffs is correct - they are not able to levy if you do not have a car and can't do what is know as a "doormat levy" (ie levy goods such as a dustbin.) Make sure in the meantime that all your valuables are locked away, out of sight inside your house and keep all doors and windows locked shut when you are not home. Bailiffs can gain entry through an open window or door legally.

 

What you need to do is gain the following information from the council, as DX100UK stated above. What you need to understand is the amount that was passed from the council, the periods which these amounts are for and ultimately, the amounts of the charges that the bailiffs have applied to your account:

 

*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*

 

Once you have that information, post a message back with the responses they give and we'll advise what to do next.

 

I have been down this road myself; I had a bailiff chasing me for council tax payments who tried to raise a levy on a vehicle I didn't even own (one of my neighbour's cars!) I complained all the way to the council (as they are legally obliged to deal with complaints regarding contractors under their employment) and the bailiff sent me a letter stating that the levy fee had been removed and that if the council were happy with me to continue paying them directly it would take no further course of action. Don't worry you're in good hands

 

So pleased you had a good outcome. But most councils and bailiffs don't act this way. Which council was this and bailiffs?

 

I have been in the same situation several times and if anything my council and drosendales are getting worse.

 

Pleased for you.....but this is not the norm.

 

LL:???: