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councill tax and direct debit problems,..now bailiffs.help!


Guest malissa7999
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Guest malissa7999

hi,

 

in 2007 i was paying a dd for council tax, i cancelled it in december 2007 cos i didnt want bank charges, i cancelled other dd's and set them up again no probs,... i have been trying since the beginning of this year to reinstate my dd with the council tax, they keep writing to me telling me that m bank has told them i have cancelled it,...by bank tell me its the councill's fault and they are trying to submit using the same mandate number:confused:.. the bank are now going to write me a supporting letter to prove that no direct debit has ever been set up successfully, since the original direct debit was cancelled in dec 2007,..

 

i owe £180.. from a liability order from a prvious years council tax, the council originaly gave this to rossendales, then when i set up my dd in 2007 they took the debt back,.... now as a result of the dd fiasco, they have given the debt back to rossendales,..without even writing to me telling me this is what they intended to do.

 

i also owe £699 for this current years,... i called them telling the council that i have now set up a standing order with my bank, for £20 per week,..they have written to me today saying this is insufficient!! they want me to pay £114 every month...which i can not afford, i do go to work, but i am a single parent,

 

the £180, i had a letter from rossendales stateing they will accept £90, then the rest in instalments,.. i wrote them a letter saying i could only afford £30 a month, and included a cheque for £30,..i have not contacted the bailiff at all, as i have had previous bad experiences with rossendales bailiffs, and do not want to go there again...i have not yet recieved any reply.

 

can some one tell me what i can do, i am so scared, and the council talk to me like i am rubbish, the manager even told me its my problem, and i should pay all the arrears, then put the phone down on me!..ihave sent a complaint, but i really need to sort out my payments...

 

before the council can allocate a debt to the nailiffs does it have to go to court first???..if so i think i will stand a good chance cos i have lots of proof that i have tried to set up a dd, and the bank will support me whenit says i have not cancelled it,despite what the council say...

 

this is a letter they have sent me today, refusing my £20 payments...i just want some advice of what to do next..

 

thanks

 

 

img006-2.jpg

 

 

ALSO THERE LETRER SAYS 'AS YOU ARE AWARE'...THEY REFFERED THE DEBT TO ROSENDALES,.... THAT IS UTTERLY A LIE,... I HAVE NEVER BEEN AWARE THAT THEY WERE RE-ALLOCATING THIS DEBT BACK TO ROSSENDALES,..THEY HAVE NEVER WRITTEN TO ME ADVISING ME OF THIS, NOT HAVE THEY EVER MENTIONED THIS ON THE PHONE WHEN I REPATEDLY KEPT SETTING BACK UP THE DD.... WHAT A LOAD OF LIARS THEY ARE !!!

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My council donth the exact same thing to me, i was with HSBC and the mandate was set up and my council failed to take their money, i had 3 cover letters from HSBC providing full evidence of my direct debit being live. when i went to court the magistrates did not want to know, they said that those letters are personel and are nothing to do with the case, that its a matter for me to take up with my bank as the council had a letter saying that as far as their computers state, i cancelled my direct debit, the are all the same and they pis an the same pot....

 

have you ever seen little britain, "computer says NO"

 

its a farse, its corrupt and what are you gunna do about it? NOTHING

 

because youu carnt, your vulnerable as your not the LAW but the council are... coruption is amoung us.

 

all the best "SPINTER" :!:

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Guest malissa7999

hi,

 

i have just read this off a website >>>>

 

Council Tax

Sourced from: Regulation 45(2) of the Council Tax (Administration and Enforcement) Regulations 1992

For each liability order where no levy is made, £20 for the first or only visit and £15 for a second visit can be charged.

For levying distress, the following fees may be charged (or a lesser amount if that would be reasonable)

Note: The law does not provide for bailiffs to charge a letter fee.

Where the sum due is £100 or less

£20

For the next £400

4%

For the next £1,500

2.5%

For the next £1,500

2.5%

For the next £8,000

1%

For any additional sum

0.25%

Charges:

Walking possession fee. See Note

A flat rate of £10.

Attendance with vehicle/removal/storage

Reasonable costs See Note

Valuation

Reasonable costs, but no charge can be made unless the debtor has been advised beforehand of the charge and how it is calculated.

Sale of goods

Up to 15% of the proceeds of sale if the sale is held on auctioneer’s premises plus reasonable out-of-pocket expenses and reasonable advertising costs. Where the sale is held on the debtor’s premises, up to 7.5% of the proceeds of sale, plus reasonable costs. Where sale does not take place £20 or actual costs up to 5% of the amount of the liability order (whichever is the larger sum).

 

 

 

what doea it mean, when it says for eachliability where no levy is made???..

and then ..for levying distress the following fees may apply??

what is the difference??

i just found out today that the bailiff hasadded £24.50 to my account for posting a letter through my letter box,..which he calls a 'visit' charge....is this correct..or should he have only added £20?...i dont understand the difference between the two???...please help

thanks

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Im not too sure, but i am having the exact same problems at the moment, do not contact the Bailiff and do not let him in what so ever....

 

QUESTIONS :?:

 

1) Do you intend to pay your debt owed? (not to the Bailif bu to the council)

2) Have You Contacted Your Bailiff, I Not DONT... Always best to ignore.

3) how long ago was it that you had your letter of the bailiff...

 

Im curently in the same boat am not going to pay the bailiff... i do not agree with their chargesc for one, im trying to get arrears passed back to the council as i can pay them minus the bailiff charges..

 

let me know your intentions and then i can help you and give you template letters to sent to your council....

 

,ake sure you always deal with all your corrispodence in writing, no telephone calls, you want everything in writing, as any mistakes cockups or wrog doings can be proven in writing, but telephone calls are hearsay... always be polite even when they are not, by being awkward or to the point they will just take you for the long ride, where as you want results, but never exept the blame. try your best to make a list of your right doings and their wrong doings, then you have a case... you will need amunition and the only ammunition that works is when you find a illeagle fault on their behalf....

 

Regards,

SPINSTER :D

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Guest malissa7999

hi,

 

i owe about £180.56 from a previous financial years tax, originaly the council obtained a summons aginst me, and it was passed to rossendales for collection, then due to the bad behaviour of the bailiffs and complaining the council took back the debt,..which i was paying by dd untill i cancelled it in dec 2007 cos of bank charges,..since then i have had a nightmare with the council to reinstate the dd,...and without any further warning my account was passed to rossendales...

 

i have read about the regulation that the council is to provide no less than 14 days if they intend on levying distress... im just not sure if they only have to do this the first time, ..or if each and everytime they reffer it to a bailiff they have to follow the regulation??

if they do, then they havent,..and i will pull them up about this.

 

the second thing is that the bailiff has never entered my property nor do i intend on letting the swines in!!

he has only ever posted a letter through my door,..he tells me that the charge for the 1st visit he has added to my account is £24.50.... but when reading about the charges,..he should have only charged me £20..because no levy was made!!..and he would have defrauded me.... but thats where i need to be !00% sure what is the difference between visit with a levy and visit without a levy????? if anyone knows i would be ever so gratefull so that it clears my own mind..

 

if i do find out that he has added an incorrect fee im thinking about paying it and then claiming it back as i was defrauded ito paying an incorrect bailiffs fee.. see the link below,..i found it on another post of this site.. if anyone has had any experience in doing this i would be gratefull if you would share and advice/tips..

 

i did telephon ethe bailiff once...which was to ask him what charges has he added to my account..has he hadnt left any notice of his charges,..again this is in breach of the NSEA...

 

he was trying to gain my trust speaking all kindly and softly,..calling me love (sexual harrassment maybe??:rolleyes:).. saying he will come to my house with the neccessary paper work,..i told him no thanks,..he then said the next thing he will do is send me a final demand,..then he will arrive with a van?????then i will face huge charges!!...this i think he cannot do as he does not have any walking posseion..so i dont think he can charge me these fee's.. again anyones advice on this will be gratefully appreciated!

 

thanks

malissa:-)

 

 

GETTING YOUR DEBT PAID OFF AT THE BAILIFFS EXPENSE - HOW TO SCREW A BAILIFF!

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