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About Sarah01977

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  1. Its mainly my husband. Most of the time when he's not on form he buries his head in the sand. When his head is straight he's like a dog with a bone. He will sit and trawl for hours and hours. He used to run his own business and employed 40 people! However in 2009 it became a victim of the recession when a certain high street bank removed funding overnight and then, in turn, made money out of its break up!!!!!! **** of the highest order!!!!!! ! He has seen both sides of the argument, at various times, and having used the services of bailiffs in the past he has a less than positive view of them! However times have changed and despite what people think running a business is hard, and with the events of last year, its taken its toll. He just wants to go to work now and let someone else have the hassle
  2. This isn't the letter sent to the council! The letter to the council outlines what we think are the failings and that we were not able to reach an amicable solution with Rossendales. They don't want to enter into a payment plan because it reduces the amount of fees they can levy!!!! isn't that the point! If there is reasonably doubt then all parties should come to an amicable solution! Rossendales, however, DONT WANT TO!!!!!!!!!!!!!!!!!!!!!!!!!!!!! They rely on people being scared!
  3. Dodgeball Reading through the new legislation it appears the only bit that may not be relevant is the charging of fees and breakdown. However it is relevant in that there is a clear and precise procedure before and after and if there are mitigating circumstances (with supporting evidence) it would be criminal to proceed.
  4. Thank You alreadyexists. This is the letter we have sent via email, with a delivered and read flag, post and have a copy to hand to the EA if he turns up again. Funnily enough about three hours after they read it the EA tried to call me and left a message to call him back! I haven't done so far as we are waiting for the council. This letter was based on the fact that we believe we are right to challenge the delivery of the "Notice of enforcement" due to circumstances outlined in the thread. Should it be required the people that we do swap post with will be more than happy to make a written statement to this effect. Rossendales PO Box 324 Rossendale BB4 0GE Your Reference: xxxxxxxxxx Dear Mr xxxxxxxx/Rossendales xxxxxxxxx District Council appears to have instructed you to recover unpaid council tax from us. This letter gives you notice that you are not being given peaceful entry to our home or to levy goods contained within and we will not be signing anything for you. This notice revokes your eligibility to charge a Walking Possessions fee or other fee relating to the handling of goods. Due to my circumstances we are unable to pay the debt as you demanded because it is unrealistic. We have sent an affordable payment direct to the council along with a written schedule of repayments. Please be advised it is not a "criminal offence" for us to deny a bailiff entry to our property, the law says we have to settle the debt; it does not obligate us to do business with you. If you suggest to us otherwise we will automatically report you to the police and you may receive a criminal record. WE ARE NOT REFUSING TO PAY THIS DEBT. Meanwhile please provide us with a written breakdown of your fees you have demanded and put it through the letterbox and quietly leave the property. If your fees are found to contradict Regulation 45(2) of the Council Tax (Administration and Enforcement) Regulations 1992 we will automatically file a Form 4 complaint against you at your certificating court for attempting to defraud us under Sections 2 and 4 of the Fraud Act 2006. This document was served to you directly,email and a copy sent to the above address along with a copy sent to HEAD OF council tax Recovery Dept. Please also supply me with a breakdown of the fee's you have charged me Yours Faithfully
  5. Dodgeball The car is on HP and was bought with a small deposit on a 5 year agreement. I'm two years in and the value of the car is approximately 33/35% of its new price. Car values have collapsed over the last two years! As I said its probably £2500 in negative at the minute. So how can there be any interest, or value, in it to myself?
  6. Dodgeball I use my car for getting to and from clients houses in a rural area so yes I do need it for my job! without it no job! My husband can work up to 15 hours at a time so without it he would have to leave his employment! How would that help?
  7. Already exists. Yes I do need my car for work. We also live in a Village with hardly any bus service. Due to council cut backs, the bus service has been cut from every half hour to every four hours, and we only get one train a day! It is nigh impossible to get anywhere without a car! it really annoys me that our local authority charges some of the highest council tax in the UK but we seem to get nothing for it!!!!!!!!! What little we did get has been withdrawn!!!! On top of that both myself and husband work antisocial hours and my husband has a 20+ mile journey to work across authority boundaries!!!!! try making that journey. Even if there was a bus you would have to leave at 3:30 in the morning to get there for 6:00 its just not practical!!!!
  8. Dodgeball & Bailiff Advice My husband has just read your reply and his question is this. How can they rely on National Standards yet we cannot? There must be balance!
  9. Thanks Alreadyexsits. I work as a community care worker and use my car for work. I've looked through some threads and according to them if a show evidence that its is insured as such this is proof . Also ive got a settlement figure and a valuation and the car is worth £2500 less than I owe:jaw: So, although I'm not sure I would think they couldn't do anything with that.
  10. Yes we did receive the liability order. But it was in August of last year and we had paid after this. Can they invoke the liability order at a later date? I didn't contact the council as a thought the outstanding amount which was for only one month would be added to this years bill! Finally, yes there is a car on the drive but its on finance so can they take control of this? I ask as I'm an avid watcher of Can pay we'll take it away and it always seems to be that if there's finance on it they cant take it! I must say that the High court Bailiffs' seem like great guys and private EA's would do well to conduct themselves in the same way, as reading some posts on here it appears they think they can do what they like!
  11. Sorry a bit at crossed purposes as my heads all over the place! The council tax is in joint names . Its ironic that my husband is on leave at the moment other wise Mr [removed] would have probably terrorised our 13 year old daughter!!!!!!!!
  12. Yes His name is on the LO and bills. Why do you ask? As for the Council there was little contact and we have been paying our council tax for the current year which is up to date. The post issue has been ongoing for Ten plus years!!!! No he didn't gain access my husbands quite a imposing figure when stood in a doorway! Sorry as I said earlier I'm new to this and I'm not quite sure of all the terminology! But NS is National standards as far as I'm aware and every government dept. has to ensure that standards are met by not just themselves but the contractors they employ! The NTK (Which is probably wrong) is the notice to take control. But I thought they couldn't do this without first giving you a Notice of enforcement!
  13. Hi everyone. New to this forum and I'm hoping someone can help? We hand a visit from a [edited] of Rossendales the other day trying to collect outstanding council tax. Fortunately I wasn't in but my husband was! he told my husband that there was an outstanding amount to pay of £508!!!! that he was there to collect that day. My husband works away and explained that I wasn't there and didn't know anything about it. What my husband did say however was that Mr had an aggressive air about him and was insistent that he was there to collect or take control of goods The piece of paper he handed him looked very shoddy hand written with a full amount and no break down along with the threat of "You do not need to be present for an Enforcement Agent to remove your goods" in red letters. This all stems from a missed payment to the council from last year. we had paid 9 payments out of 10 we had been behind in two other months but made it up almost straight away. when I last contacted the council they advised me that the amount was still outstanding and would have to be paid "by arrangement" on the following years council tax. I deal with the bills as my husband is usually away and had recently changed my mobile phone. The reason for telling you that will become clear shortly. Not wishing for the sympathy vote but last year was a torrid time for out family, especially my husband, as his sister was killed in a horrific car accident in the south of France her daughter was in the car at the same time, but, she thankfully survived all be it with life changing injuries! Since this my husband has been under counselling and medication and has really struggled to come to terms with this. This has had a knock on effect within the family and its been very tough. Which lead to being off work and a reduction in income hence the missed payments, although they were always brought up to date. As a result I forgot to set up the payment plan for the outstanding amount and the council gave us a liability order. I intended to pay it but never quite got there. The result is that now its in the hands of Rossendales. Having trawled through the forums it appears that certain rules and criteria have to be met but I'm not sure they have been! we have not received the Notice of Enforcement and they have moved straight to Enforcement and NTK. For the record where we live there are three addresses with the same number road name and postcode bar the last two letters. We constantly have trouble getting our post and regularly have to swap with one of them but the other never passes on anything! We have had cards containing gift vouchers and money etc and also credit and bank cards that have never turned up!!!!!! Not to mention ordinary mail going missing. My point is that we have not had the Notice of Enforcement how can they proceed to NTK????? The NTK contains no Date or time or time scale to pay! I contacted the council who were about as much use as a chocolate fireguard and would not talk to me and said id have to talk to the Enforcement Agent when I pushed them they said that they had been trying to contact me but it was on my old number! I then rang rossendales who said the same and said I wanted to set up an arrangement but they declined and said Mr wouldn't be able to either. whats the point of speaking to him? My husband has wrote to both the council and Rossendales. He has informed Rossendales that they have not followed NS and are not at liberty to enforce and that we don't have any obligation to deal with them! is this correct? He has also written to the council asking them to take the debt back as he believes they haven't followed NS with a payment proposal of only two payments over two months for the original debt, one of which we have already paid on line to the council, and that if they don't he will escalate to the ombudsman. Are we within our right to complain? Any help would be greatly appreciated
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