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Debt Action Group > Bailiffs and Sheriff Officers

Bailiffs and Sheriff Officers Your rights when dealing with bailiffs and sheriff officers


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Old 16th February 2008, 16:39   #1 (permalink)
whothisebe
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Posts: 12
whothisebe Novitiate
Default rossendales menace

Hi,

I recently received a letter from rossendales threatening with seizure of goods.

It is related to council tax bills from 2006/07.

i have contacted the council, they have told me it is out of their hands. Currently I receive council tax benefit. I am unemployed, I do not claim Jsa as I am looking for employment.

I have a pregnant wife and a 10 month old child at home, so this letter threatening removal of goods really shook me up. Any advice would be greatly appreciated.

Thanks,
hk
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Old 16th February 2008, 16:45   #2 (permalink)
chris600uk
Platinum Account Customer
Default Re: rossendales menace

You should be entitled to have any arrears deducted as well as receiving council tax benefit.

Of course you must keep the doors and windows locked, don't answer the door to anyone unless you KNOW it's not a bailiff, if a bailiff calls treat them as if they don't exist and go and make a cup of tea.

Park your car away from the house, get a witness who will back you up, and take a photo each time you park it up for the night.

It's a bit like being under siege, but it won't last that long.

Whatever you do - DON'T LET THEM IN.

thats for starters
__________________
Tell everyone everything, in triplicate, at every stage. their mistakes are your ammunition.
If I've been really really helpful, click my scales and let me know
If you think I'm wrong, say so, cos I don't mind being corrected - it's how we learn
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Old 16th February 2008, 16:54   #3 (permalink)
chris600uk
Platinum Account Customer
Default Re: rossendales menace

Give the account back to the Council.doc

This excellent letter can be emailed, then sent by recorded delivery, with an emailed copy, backed up by a recorded delivery copy to the council.
And for good measure you can email a copy to the top guy who runs the council tax department.

You see my strategy is to be a) legally on a firm footing, and b) create a snowstorm of correspondence at each and every opportunity to complain about anything.

This takes time to deal with and multiplies the cost of arguing with just one person - which should speed up the return of your account back to the council who can have the arrears deducted and order the bailiffs out of your lives for as long as you are on benefit.

That's what happened to me.
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Old 16th February 2008, 16:54   #4 (permalink)
whothisebe
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Default Re: rossendales menace

Hi chris, thanks for the quick and helpful response. i was just about to ask about writig to them and you already posted up something for that. brilliant.

thanks
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Old 16th February 2008, 16:58   #5 (permalink)
chris600uk
Platinum Account Customer
Default Re: rossendales menace

Yes, that's who you address the letter to, but as I said, the more paperwork you send to more people, the more hassle you are giving them, and they'll be much keener to get rid of you.

Read some of the earlier posts and you'll see.

obviously I recommend my own at http://www.consumeractiongroup.co.uk...eminder-i.html
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Old 16th February 2008, 20:24   #6 (permalink)
robin9342
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Default Re: rossendales menace

Quote:
Originally Posted by whothisebe View Post
Hi,

I am unemployed, I do not claim Jsa as I am looking for employment.
You should claim JSA as you may well be entitled to it.
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Old 16th February 2008, 21:05   #7 (permalink)
chris600uk
Platinum Account Customer
Default Re: rossendales menace

And if you do, there won't be any doubt about the council tax arrears
even though you are entitled if you are on income support
The Council Tax (Deductions from Income Support) Regulations 1993

I seem to remember tomtubby posted something about JSA in particular.
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Old 16th February 2008, 21:11   #8 (permalink)
chris600uk
Platinum Account Customer
Default Re: rossendales menace

Here it is from tt's post here http://www.consumeractiongroup.co.uk...kers+allowance

Deduction from benefits ONLY apply when you are in receipt of EITHER jobseekers (JSA) or pension credit.

The following is from our website:




If you are receiving Income Support, it is vitally important that you contact your local authority without delay. This is because they can apply for deductions to be made at a nominal rate from your benefits to pay towards your arrears of Council Tax. The amount of deduction is set by law at £2.90 per week for a single debtor and £4.55 per week for a couple.
The relevant Statutory Regulation is as follows:

• Council Tax (Deductions from Income Support) Regulations 1993 S.I. 1993/494.

If payments are being deducted from your Benefits, under Regulation 52 of The Council Tax (Administration & Enforcement) Regulations 1992, it expressly prohibits any enforcement action when deductions are being made from Income Support for a Council Tax Liability Order.

From 6th October 2003, anyone in receipt of Pension Credit may also apply for Council Tax to be deducted at nominal rate of £2.80 per week.

The relevant Statutory Regulation is as follows:


• The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 – S.I.2002/3019
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Old 18th February 2008, 13:03   #9 (permalink)
whothisebe
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Default Re: rossendales menace

hi,

i cannot thank you enough,

i was self employed during 2006/07, however the government seized my goods (imports from china). i have been unemployed ever since but always looking for a job. i did not bother claiming JSA, but i have just now completed an application form. i have also informed the council, as advised i am bombarding them with letters and emails.

will update when i receive a reply.

many thanks
hk
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Old 29th February 2008, 17:55   #10 (permalink)
whothisebe
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Default Re: rossendales menace

hi,

i received the following email from the council:

"Mr K,
I have confirmed with Rossendale that the outstanding balance with them is £150.
27 that is £125.77 council tax & £24.50 bailiff costs.
You must make payments to rossendale to clear the outstanding balance.
You will be sent a new bill in March confirming your installments for 08/9 tax
year

Thankyou

WH
Revenues Assistant"

however i also received a letter from rossendales asking for £5 a week on a total of £350.

how should i respond?

thanks
hk
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Old 29th February 2008, 18:04   #11 (permalink)
Screw The Bailiff
Classic Account Customer
Default Re: rossendales menace

Send Rossendales £150.27 with a copy of the letter from the council - and pay with a CREDIT CARD. If rossendales charge you a credit card fee then you have them by the balls.

If Rossendales try to charge you more fees then complete a Form 4 complaint for defrauding you by overcharging you with thier fees. There is a criminal element to this, let me know if you want to explore this route.

Check the bailiffs credentials, report back if you find an irreguylarity.

Quote:
Originally Posted by whothisebe View Post
I am unemployed, I do not claim Jsa
I'd suggest you sign on, you wouldnt have this mess in the first place.
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Old 29th February 2008, 18:22   #12 (permalink)
robin9342
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Default Re: rossendales menace

I would send a copy of your letter from Rossendales to the council and ask them to explain why their appointed bailiffs are attempting to charge you unlawful fees.

Then I would pay the council £125.77 direct and Rossendales can swing for their fees as your Liability Order would be discharged. The council must accept your payment.

Then file the Form 4 complaint as per STB's post.

Quote:
I'd suggest you sign on, you wouldnt have this mess in the first place.
Quote:
but i have just now completed an application form
The OP has now claimed...
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Old 29th February 2008, 18:58   #13 (permalink)
whothisebe
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whothisebe Novitiate
Default Re: rossendales menace

Quote:
Originally Posted by Screw The Bailiff View Post
Send Rossendales £150.27 with a copy of the letter from the council - and pay with a CREDIT CARD. If rossendales charge you a credit card fee then you have them by the balls.

If Rossendales try to charge you more fees then complete a Form 4 complaint for defrauding you by overcharging you with thier fees. There is a criminal element to this, let me know if you want to explore this route.

Check the bailiffs credentials, report back if you find an irreguylarity.



I'd suggest you sign on, you wouldnt have this mess in the first place.
Quote:
Originally Posted by robin9342 View Post
I would send a copy of your letter from Rossendales to the council and ask them to explain why their appointed bailiffs are attempting to charge you unlawful fees.

Then I would pay the council £125.77 direct and Rossendales can swing for their fees as your Liability Order would be discharged. The council must accept your payment.

Then file the Form 4 complaint as per STB's post.

The OP has now claimed...
hi,

thanks for the super quick responses.

i am not sure which route to take, i have emailed the council offering to pay them £125 straightaway to close the case. however i have a feeling the council will not accept that, so i may have to do what STB suggested. but i am worried if i make that payment they may still ask for more.

i hope the council replies and accepts my offer.

thanks.
hk
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Old 29th February 2008, 19:58   #14 (permalink)
chris600uk
Platinum Account Customer
Default Re: rossendales menace

Can't you pay the council online?

I have, that way the bailiffs are out of the loop.
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Old 29th February 2008, 20:26   #15 (permalink)
Screw The Bailiff
Classic Account Customer
Default Re: rossendales menace

On Monday morning, go to the council tax office with cash and get a receipt. Take someone as a witness incase the council gets awkward.

If you do end up paying bailiffs fees then you can reclaim them by filing a complaint of misfeasance with the LGO
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Old 4th March 2008, 15:49   #16 (permalink)
whothisebe
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Default Re: rossendales menace

hi,

i received this reply from the council when i asked can i pay them direct:

"Mr K,

Any arrangment or payments must be made direct to Rossendales Bailiffs.
Any queries please contact them direct on 0845 6444100.

Thankyou

WH
01782 238263"

i am thinking of doing what STB has advised and go straight to the council. i am just worried they may not accept the payment. i am planning to go tomorrow morning.

thanks
hk
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Old 4th March 2008, 15:54   #17 (permalink)
chris600uk
Platinum Account Customer
Default Re: rossendales menace

Which council is it?
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Old 4th March 2008, 15:55   #18 (permalink)
Screw The Bailiff
Classic Account Customer
Default Re: rossendales menace

Do Magicians Choice. Not guaranteed but it creates a hell of a mess with the council.

Do it now.
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