help needed with bailiffs.

Threefields · 15th May 2008, 13:54

I am in a terrible dilema. I got into arrears with my 2006/2007 council tax. I started paying the council direct and then found out that because i had missed a couple of payments they had sent to bailiffs, rosendales. I tried to restart a payment plan with the council but they said they could no longer deal with it as it was with bailiffs. I then got letter from bailiffs and my amount i owed had gone from about £150 to £438. I explained to Rosendales office that i couldnt pay that amount in one go so they gave me tel. number of the bailiff who would be attending. I spoke to him and he said he would come round the following day. I STUPIDLY let him into property to discuss it and he left me a walking order. i offered to pay £20 a week off the debt but they said i had to pay £40 a week. I explained there was no way I could pay £40 but in the meantime i was paying what i could each week. Sometimes £20, sometimes £40 and so on. (and on a few weeks nothing as I had nothing).
I managed to get the oustanding amount down to £100 from October 2007 to date. However when i got back from school yesterday there was a letter saying they had attended in a van to remove goods and the debit was back up to £244. They wont accept a payment plan again and want full money or goods and are coming back tomorrow. I rang rossendales again this morning to find out if i should have got a warning letter that they wre attending in order to try and clear debt (£100) within seven days and they reckon they did send a letter in February. I explained i never received this letter and was told by some snotty woman that "thats not our problem". I am not sure what to do and because they have already been in can they force their way back in? PLEASE HELP!!!!!

tomtubby · 15th May 2008, 16:21

ANOTHER example to prove once again that you must NOT ever let a bailiff into your home.

Unless that is he is a COUNTY COURT BAILIFF in which case he cannot charge any fees and is most helpful.

Can you please send me a private message with the name of the bailiff so that I can at least search to ensure that he is certificated.

Threefields · 15th May 2008, 16:50

Tomtubby, i am sorry to be so ignorant but not sure how to send private message. sorry. can you advise?

Michael Browne · 15th May 2008, 16:58

Click on Tomtubby's name in his post and then on Contact Info, then Send Private Message

casbah · 15th May 2008, 17:13

you say that between october and now you have managed to pay off 338.00 pounds? ( sorry got a keyboard that doesn't like the english pound sign)
Then if you have kept proof of this then couldn't you ask the council to take the file back????????now the debt WILL increase as the bailiffs will take their fees out first, but at least it'll stop you incurring more.
Cas

Threefields · 15th May 2008, 17:13

Thanks Michael Browne, I have sent him this information.

Threefields · 15th May 2008, 17:15

Thanks Casbah I have spoken to the council again today and begged them to take the account back and explained what was happening with the bailiffs. They said they were sorry but they were unable to do this.

kennythecelt · 19th May 2008, 11:19

Hi
I will ask someone with more expertise than me in this area to try and help you.

casbah · 20th May 2008, 19:09

Quote:

Originally Posted by Threefields

Thanks Casbah I have spoken to the council again today and begged them to take the account back and explained what was happening with the bailiffs. They said they were sorry but they were unable to do this.

Hello Three

Who did you speak to at the council? if it was the first person that answered the fone either request contact details for your local councillor or ask for the council tax inspector. It will take some gumption but they can get things done that the one answering the fones can't won't
cas

tomtubby · 21st May 2008, 01:07

I am sorry but I had not noticed this post.

Unless my maths is wrong something does not seem right here.

You state that the original amount was £150 but Rossendales required £438 and that the debt is now down to £100 and the bill has increased once again to £244 !!!

If correct it would appear that at the time of the first visit the charges were £288 and the debt just £150. Now the charges are another £144??? (50%) of the £288!!!

Can you confirm if the above figures are correct?

What items were listed on the Walking Possession?

Have you sent me the name of the bailiff? If not can you do so asap.

Finally, it is vital that you request a breakdown of the charges made to your account and to insist that you receive a copy of the scree shot of your account. This is most important.

Fair-Parking · 22nd May 2008, 12:23

Threefields. Don't panic. The bailiffs may well have gotten into your house (never again eh!) but they only have a court order for outstanding council tax. Pay that direct to the council and once paid, the council has no more legal interest in the matter. They must revoke their instructions to the bailiffs who will be left high and dry for their 'fees'. Tough!

They don't have any court order for those and once the council has withdrawn then the matter moves from the magistrates court as that body only ordered the collection of council tax - to a civil matter. In other words it becomes a new problem to the bailiffs and not a continuation of the old one. They will have no options other than to sue you in the county court for their fees or leave you alone. But then you haven't entered into contract with them to be in breach over.

Little wonder bailiffs lie, shout and threaten, they don't have many more options.

rocket1 · 23rd May 2008, 13:06

Sorry If I appear a bit thick. But it would settle my mind a bit to have confirmation that bailiffs have no right to break into your house.

I Just received a first notice of attendance to recover a parking penalty and the bailiff wrote his fee as £595.34p for just that first visit and the letter threatened to enter my house in my absence.

What can I do about this ? If this threat is illegal, what action can I take ? Can I take ac tion for trying to extort money with menances or something.

tomtubby · 23rd May 2008, 13:47

Rocket.

The fees being charge to you are totally wrong!!

Which company?
Did you receive the PCN?
Did you receive all of the other statutory notices?
Can you let me have the name of the bailiff who has asked you to contact. Please send this info by PM only.

If you have not received any of the above, then you have grounds to file an Out of Time declaration. This will ensure that all bailiff action ceases until the application has been determinded by the Traffic Enforcment Centre.

rocket1 · 23rd May 2008, 14:50

i presume I did receive all the statutory notices.

the company is:CCS Enforcement Services Ltd tel 01527 576115

And I got the charge wrong. It was even more £595.34p for one first visit !!!

Fair-Parking · 24th May 2008, 12:26

Rocket1 -Correct, no they can't enter though they'll try every trick in the book to do so. Further their fees ar not backed by a court order, so don't pay them. See my posting on Rossendales - threats - number 5

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