Rossendales & council tax for this year 2007

[lisachloe]

I had a letter through the door from Rossendales on Tuesday of this week, demanding £816.00 for our 2007 council tax bill.

The lady never knocked on my door! My husband contacted her & she was adamant that this bill had gone to court & that she demanded the money in full.

She then put another letter through my door the following day (Wednesday) Again, my husband rang her & she said she would be calling again today, to recover the money!

We are unable to pay the amount in full & technically we owe arrears from April - October of this year, with 3 months remaining of the current bill.

She was very off hand with my husband on the phone & said that if we don't see her today then she has no alternative than to send a van next week to recover the debt by our goods going to auction.

I'd like to know if she's allowed to do this & if the council could just accept our payments as the bill is for this year (2007)?

All replies are appreciated.

[tomtubby]

Could you let me know by private message ONLY the name of the bailiff. I can then search the database to see whether or not sge is certificated.

 

She CANNOT threaten to remove goods. This is the reply I gave to someone else today.

 

...........................

 

 

The fees that a bailiff can charge when collecting Council Tax are contained the following Statutory ruling:

 

The Council Tax Administration & Enforcement Act (as amended). The following is the wording from this Act.

 

A.For making a visit to premises with a view to levying distress (where no levy is made)-

 

(i) where the visit is thefirst or only such visit: £24.50

 

(ii) where the visit is the secondsuch visit:

No charges can be made for any further visits. £18.00

 

There is plenty of case law on the matter of fees for Council Tax and the ruling from the courts was clear. A bailiff CANNOT charge fees for "attending to levy" UNLESS he has first levied upon goods. In simple terms it means the following:

 

1. The bailiff arrives at your home to collect money.

 

2. You cannot pay at that moment in time.

 

3. Bailiff will then agree to come to payment arrangements with you.

 

4. Because you may not keep to the terms of the arrangement the law provides that he can seize your goods, which he will then list on a Walking Possession Form. These goods....and only these goods......are then in the eyes of the law owned by the bailiff.

 

5. Bailiff can charge a fee for setting up the walking possession.

 

6. Monthly payments are made to reduce the debt.

 

7. If you default on any payment.....the bailiff can then return WITH A VAN to remove those items.

 

ONLY AT THIS TIME CAN HE CHARGE A VAN FEE WHICH IS REFERRED TO AS AN "ATTENDANCE TO REMOVE" FEE.

[zigster]

Having been in a similar situation, it may be worth attempting to come to a payment arrangement directly with the council, if you have not already attempted this. Writing to them including a cheque for your first instalment is probably the way to go. If they cash the cheque, then they are effectively accepted payment from you directly.

 

I would strongly advise not to let the bailiff in to your property for any reason that she may give. You do not have to let her in!!

[zigster]

If she comes back, then say you are communicating directly with the council and will not discuss the matter with her until you have heard from them.

 

Good luck.

[lisachloe]

Well she called today at 12:30pm & didn't get in the house. She was kept outside & handed my husband 3 forms

She added her fees of £24.50 for her 1st visit, £18.00 for her 2nd visit but didn't add £12.00 for her waliking fee - which I'm told is questionable.

No forms were filled in by my husband & the waliking possession agreement didn't get filled in by her.

he told her that we'd been in contact with the CAB & she said that she was sick of them "do-googers" trying to tell her, her job

She was very stroppy & said that if we didn't pay within 5 days (don't know if these are 5 working days or not) then they were to seize goods.

So what happens from today we have no idea!

Such a foul woman she belongs on the Horlicks "How do they sleep at night" advert!

[message_to_garcia]

Hi everyone,

Can someone advise, I am seriously disabled with no income and have just been violently assaulted by one of Rossendales thugs. I had a horror story with them and my council last year so wasnt prepared to grant them peaceful entry this year, so they had no right to forced entry and the matter would be referred back to court.

Last week I opened the door, placing my foot over the threshold as I had been advised and stated as loudly as I could " It is not my intention to allow you peaceful entry so please go away and stop scaring my children ". I am still in a state of shock as I cant believe how I could be so violently kicked and attacked and forced back into my house. My wife was screaming and called 999 but when the police arrived, " I said I want you to arrest this man as he has just assaulted me " immediately the police said " No he hasnt ". Their attitude was there has been an entry so they would now allow him to empty my house and if I interfered they would arrest me for a breach of the peace. I told them they didnt understand bailiff law and the fees charged were illegal so technically they were aiding and abetting a fraud etc. I meant to post the other day but I am finding everyday a struggle and am not sure I can or want to go.

Apologies if this rambles.

[tomtubby]

I am so very sorry to hear of this. As this is such a serious issue, you need to start your own thread otherwise this query will get mixed up with the one presently ongoing.

 

Can someone please post this query under a new thread.

 

In the meantime, could you please send me by private message ONLY the actual name of the bailiff . Do not post the name on the public forum.

[lisachloe]

This is just an update on my situation. The council were not bothered that the bailiff may not be certificated. Nor, would she take our arreas back. So, I don't know what to do now?

Do I just ring the council again & hope that I get someone more understanding or leave it , pay Rossendales even though the way this woman filled in the forms was wrong - with no walking possession agreement or the fact she may not have a certificate?

[tomtubby]

I am currently looking into the bailiff certificate part of this for you and will come back to you shortly.

[lisachloe]

Thank you for all your help. I know that you're very busy

[tezviper]

Just to clarify as well, they can only remove goods if the have gained peaceful entry to your home and have a walking possesion order, if not then they can add no more charges and will eventually need to hand debt back to the council. Keep on at the council about your complaints against Rossendales and their Bailiff and the fact that they are trying to intimidate you with threats that they have no right too. emphasise to the council that you want to pay this debt but your treatment by Rossendales is giving you doubts about their integrity.

 

TezViper

[B.A.Ts]

Hi everyone,

Can someone advise, I am seriously disabled with no income and have just been violently assaulted by one of Rossendales thugs. I had a horror story with them and my council last year so wasnt prepared to grant them peaceful entry this year, so they had no right to forced entry and the matter would be referred back to court.

Last week I opened the door, placing my foot over the threshold as I had been advised and stated as loudly as I could " It is not my intention to allow you peaceful entry so please go away and stop scaring my children ". I am still in a state of shock as I cant believe how I could be so violently kicked and attacked and forced back into my house. My wife was screaming and called 999 but when the police arrived, " I said I want you to arrest this man as he has just assaulted me " immediately the police said " No he hasnt ". Their attitude was there has been an entry so they would now allow him to empty my house and if I interfered they would arrest me for a breach of the peace. I told them they didnt understand bailiff law and the fees charged were illegal so technically they were aiding and abetting a fraud etc. I meant to post the other day but I am finding everyday a struggle and am not sure I can or want to go.

Apologies if this rambles.

my apologies firstly for hi jacking this thread.

message_to_garcia have a read through this thread it may help

http://www.consumeractiongroup.co.uk/forum/bailiffs/94493-bailiff-assaulted-me.html

[nedjma]

She was very off hand with my husband on the phone & said that if we don't see her today then she has no alternative than to send a van next week to recover the debt by our goods going to auction.

I'd like to know if she's allowed to do this & if the council could just accept our payments as the bill is for this year (2007)?

All replies are appreciated.

 

 

She may not remove a thing from your property. Under no circumstances what so allow her to gain entry to your property. Keep all windows and doors sercurely locked. If you must open a window lock it open securely as if they attempt to enter via it they are breaking the law. You must never allow them entry into your property. If they do so they may gain the right to get a walking possesion order after carrying out what I think is an inventory of your properties contents a levy I think. They are not likely to remove anything if they gain entry I think at this stage. What they are trying to do is frighten you. She CANNOT remove your property alone remember that. It's scare tactics. HOWEVER NEVER EVER LET THEM INTO YOUR HOME NO MATTER WHAT THEY SAY. If they gain entry they have the right to break in at a later stage. Never answer the door to anyone you don't know. Always go to your window and look out to see who is there first. Do not open the door to "salesmen" or "charitys" "chuch members" such as a jehovahs witness etc as bailiffs may try tricks like pretending to be one of these to attempt to gain entry to your home. Never open your door to them as they try to barge past you into your home then. Don't open the door to "window cleaners" either if it's not your usual window cleaner. Rossendales tried that one on with me. I said "**** off. I don't have a window cleaner." I opened my window though not my door.

 

Action by van bailiffs at this stage is very unlikely. I had a Rossendales van bailiff trying to threaten me. I have complained to my local counciller about it, my landlord, Gateshead council, BT and Rossendales customer services complaints department. I complained to the police about their illegal threats also but they refused to act. My back door is starting to buckle. Rossendales were braying on my door again today. My landlord is going to wait til their next visit call the police, have the bailiff caught in the act of thumping on and kicking my door, point out damage to door by the bailiff, fix my buckled door hinges then present Rossendales with the bill for the repair. Hahahahaha. Taste of their own medicine for them. As well the damage to my back door was not noticed til after the bailiffs visit. My landlord takes none of their rubbish. He told a Rossendales bailiff this morning he would be removed from my property for trepass and a breach of the peace. Stand up to these thugs

[nedjma]

If she comes back, then say you are communicating directly with the council and will not discuss the matter with her until you have heard from them.

 

Good luck.

 

 

Do not deal with them at all. Do not speak to them when they attend your premises. What they are threatening they cannot do. A dumb van bailiff threatened me with the illegal use of a locksmith when he had not previously entered my property. A bailiff cannot make any entry what so ever into your property without gaining previous peaceful entry via either the person living in your home allowing them in or their entering via an unlocked door or window. Deal directly with the council not Rossendales. Do not reward these thugs for their behaviour. Pay Rossendales nothing and under no circumstances what so ever or you to sign anything they bring to your property for you to sign. Offer repayments to the council.

[nedjma]

I have reposted your post at the below link. Click on link to view the thread and to recieve advice and guidance. If you cannot click on the link to be taken directly to it right click on the link with your mouse, click on cut or copy, click on your browser bar, right click on mouse again, pick paste and paste it into browser bar, then click on go to go to thread.

 

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/145672-note-i-am-not.html#post1535261

I'm not sure what your rights are but I would be making a complaint about the police here. They simply cannot ignore an assault of this nature. Also the bailiff terrorised your family. I would challenge them and claim my goods back as if they have removed them they have done so via an illegal entry. There must be something you can do. Good luck and view new thread