what a mess please help!

[mamma_mia]

sorry if this is long, but i will get background out of the way first

last year I had rossendales at my door asking if they could come to some agreement for council tax arreas, i let them in and signed to say i understood the paperwork etc ( i had a 5 day old baby hungry and tired and just wanted rid so stupid me fell for it ) , later i realised it was a walking possesion Id signed so i had no choice but to cough up £300 and then he set up installments for me.
unfortunatly I didnt manage to keep repayments as Im now a single mum on income support and things are really tight
Last week i had a letter through the door was a notice to possess my goods , i rang rossendales and tried to explain but they said i had to speak to the bailiff direct so rang him and he said he would accept £50 and then set up instalments once id sent off a means of earnings statement
so i paid £50 and the statement was sent off the next day, the total bill was £1077.99

yesterday 2 bailiffs came and i told them Id sorted it with the other bailiff and showerd him the reciept that id paid and he said oh its a differant referrance no' this one goes back to last year when you didnt keep up your re payments, so i said i thought this one that mr **** came for was the whole lot and he said no there 3 differant cases here
so I said what do I do now, he said you either pay up or we remove goods , I said theres no way I can pay this im a single mum now on benefits, he said I had till monday to pay £289. or he will remove the goods
hes coming at 2:30 on monday
Im going to the cab first thing mon morning but have you got any advice please
my mil says I dont have to pay anything and dont have to let them in and that cab will fill out forms and stuff, but will it be differant as I signed a walk in possesion last year will that have expired as I paid the bailiff the warrent ?
there was no notice of possesion through or anything , only 1 last week which is when i paid £50
how can rossendales justify sending 2 in 1 week ? how do they expect me to pay

I realise its my own fault but I cant be expected to pay this much surely

any help really appriciated

thankyou


Anyone ? please

[mamma_mia]

sorted

[tonycee]

Please tell if you want to.
My heart went out to you over the weekend.
I so wished i could have done something.

[mamma_mia]

Originally Posted by tonycee

Please tell if you want to.
My heart went out to you over the weekend.
I so wished i could have done something.

thankyou hun.
I went to the citizens advice, was there 3 hours, they rang the bailiff who said basically because I have signed a walkin possesion I do still have to pay the £279 but he will give me more time ( by the end of the week ) so im borrowing the money from my mum, then i can repay the debt at £15 a week,
its alot of money when im a single mum but apparantly thats the only way round it,

[tonycee]

Life sucks sometimes.
I think you are doing the right thing.
If they dont get paid, they will just add and add and.

Please remember we are here if you ever get in a pickle again. Or just need an ear.

One thing to remember is, they have "no power" unless you give it to them.

Never let them in your house.
Never sign anything.
Get everything in writing.

Regards.

[chris600uk]

You know that just doesn't sound right.

I obviously didn't read your first post correctly, because I didn't pick up that you were already on Income Support.

It seems to me that you have a right to ask the Council to take the debt OFF the bailiffs and deduct a small amount extra to cover it.

We've covered this ground before I'm sure of it, just can't remember where.

[mamma_mia]

Originally Posted by chris600uk

You know that just doesn't sound right.

I obviously didn't read your first post correctly, because I didn't pick up that you were already on Income Support.

It seems to me that you have a right to ask the Council to take the debt OFF the bailiffs and deduct a small amount extra to cover it.

We've covered this ground before I'm sure of it, just can't remember where.

well that sheds a new light on it thankyou, wonder why the citizens advice didnt say that. do you think its worth asking the council tomorrow
Its only very recent i claimed income support as its very recent Ive become a single mum

[chris600uk]

Well it doesn't really matter how you came to be in a "vulnerable category", or how long you've been that way; just that you are.

Tomtubby has done a template letter which is about somewhere, says all the right things and should do the trick.

You must do it in writing or email and in writing, because you have to have proof of what was or wasn't said. I know this to my cost.

[chris600uk]

Here is one to give you the general idea, until I can find the tt version.

To: Bailiff Company
Date:

DearSirs,

Re:Accountreference.

I refer to your letter dated (enter date)informing me that your company have been instructed by (enter local authority) to enforce a warrant/liability order etc against me, in respect of arrears of council tax.

In your letter you state that you will be visiting/returning to my home to (seize/auction etc my goods.)unless full payment of (enter amount) is made by return.

The purpose of this letter is to advise your company that I am in receipt of (income support/jobseekers allowance) and am enclosing as proof, a copy of (payment book/letter from benefits agency.)

I am informed that deductions can be made directly from my benefits to pay my arrears of council tax. This is provided for in the Council Tax (Deductions from Income Support) Regulations 1993.

For this reason, I would like to request that this account be referred back to (local authority) so that the relevant forms can be completed.

I am also aware that once deductions are in place, Regulation 52 of The Council Tax (Administration & Enforcement) Regulations 1992 expressly forbids any enforcement action.

As I have now made you aware of (my/our) circumstances, and provided proof, if your company continues with enforcement action, I will consider making a formal complaint about the bailiff’s conduct to the County Court

Could you please confirm safe receipt of this letter, a copy of which is being sent to my local authority.


Yours Faithfully.

[chris600uk]

Oops! that was tt's letter.

So there you go

[tomtubby]

Thank you Chris for providing our template letter.

Mamma Mia,

I am not to happy with the advise that you have been given. Can you PM me the name of the actual bailiff who agreed the walking possession so that I can search our database to ensure that he is certificated.

I can then advise further.

[tonycee]

Originally Posted by tomtubby

I am not to happy with the advise that you have been given.

Maybe you could explain further.

[chris600uk]

I think tt means the cab's advice.

From my own experience, being on Income Support it follows that payments for council tax arrears should be deducted from the benefit at the official rate.
I didn't see it cos I didn't read the OP's first post properly.

[tomtubby]

CAB are very busy dealing with cases like this all day.

However, Mamma Mia is clearly on benefits and this debt should be returned back to the council so that deductions can be made from income support at the rate of £2.90 per week.

Clearly also she is "vulnerable" according to the National Standards for Enforcment Agents.

This is yet ANOTHER example of why I will continue to say that the public must now allow a bailiff entry into the premises.

I know that there are many bailiffs that will disagree with this but frankly many of them are using a WP simply as a means of making money as soon as a payment is one or two days late. This will trigger the "attending to remove" fee.

This case should have been sent back to the local authority with a Nulla Bono certificate.

[mamma_mia]

thankyou for all your help its made me feel alot more at ease
tomtubby i will pm you now thanks hun

[John McKenna]

Originally Posted by tomtubby

This is yet ANOTHER example of why I will continue to say that the public must now allow a bailiff entry into the premises.

This was the response I wanted from you in this thread tomtubby. I even pm'd you about it but alas it never came.

[chris600uk]

I'm pretty sure that was just a typo John, because tt's post makes more sense to me if it reads must not allow.