Council Tax/Rossendales

[NORTHERNGUY]

any advice please - I got home from work to find a letter in the letterbox from rosendales for unpaid council tax from 1999 - NEWS to me , from a pub address I used to manage. I phoned the baliff and no answer , so I called the council who confirmed a liability order was taken out in 2000 against me . I asked how and why they are chaseing me now - I would have paid had I known and I have been registered since with my local councils and surprised I have had no letter!

They said that they had written to me - all adresses I lived at in the 90's!

I then called Rossendales main office who confirmed I owed £720 (£25 or so baliffs charges) and that I had to call the baliff to sort out and arrange to visit me.

Now I realise I have to pay - but haven't got £720 lying about - what are my options and how can they suddenly jump out and say I owe them.

For the record I did think my employer were paying - but as they don;t trade anymore I am on my own.

thanks.

[chris600uk]

Well first off , DONT LET HIM IN, and keep all windows and doors locked. Until he has gained peaceful entry he can do very little, except maybe seize your car, unless it's on HP, hired/leased, or someone elses property, if its none of those, park it well away from the house.

 

You do need some advice about who was liable to pay council tax at the pub you managed. Some old paperwork might help here, or contact with any old colleagues who worked for the same firm.

 

I would not make any more phone calls, do everything in writing from now on, photocopy what you send, and send it by email/fax if you want, but make sure you also send a hard copy by recorded delivery.

And a copy to the council.

 

 

Re: ********* Client reference *********

Please understand that I am fully aware of my rights and you will not

gain entry to my home under any circumstances to levy goods

I know the fees allowed under statute and when these fees can be applied.

 

Dear sir/madam,

I understand ******** Council has appointed you to recover Council Tax arrears

 

A liability order has been passed to you that I had no notification of.

To be clear, I have received no notification of a court summons or liability order from ********* Council or the magistrates’ court prior to ******** Council passing this debt to you so I had no opportunity of representing myself at the magistrate’s court.

 

If I had been aware of this, then I would have objected to the liability order as my employers were liable for the council tax as part of my employment contract.

 

I dispute this liability and expect any enforcement action to stop until this is resolved between myself and ******** council.

 

Please understand that I would never refuse to pay Council Tax that I am legally liable for.

 

Yours faithfully,

[NORTHERNGUY]

Thanks that is brilliant help - as I said I don't dispute the bill will have to be paid.

The problem I have is - my ex employer no longer trades , the pub was sold and I have tried to find out tonight any info but I am coming up against a brick wall. So it looks as though I am liable , as I can not furnish any proof as its so long ago.

The letter I will send to both the baliffs and council concerned in the morning.

The main thing which makes me mad is that I have never hid , I could always be traced if they wanted ,the council also accept I left in september 1999.

As for letting the baliff in , I am out from 7 until 7 everyday anyway , and I have told my other half not too let anyone in!

[chris600uk]

Well don't forget that they work from about 6.30am, although they aren't supposed to call outside the hours of 8 - 8, there was a good post by SF who actually had the times, but anyway I can see you've got the idea.

[NORTHERNGUY]

Thanks!

[ted45]

im sure i read somewhere that if adebt isnt paid for 6 yrs and a penny has never been paid to anyone then it is called (something) LOL but i cant remember, but i bet some one on here will know not sure if this is true tho!

[NORTHERNGUY]

Hi there - I think that only applies to credit agreements I think , council tax , after a liabilty order has been issued is always collectable (if I am wrong please tell me).

Anyway a update I am liable as it was in my name and the company I worked for do not trade anymore.

I fired off the letter this morning , no reply.I called the baliff who wants to meet me Monday - I told him fine , but he's not coming in my house and I will pay over installments!

Also asked the council too send me statements to see how the cost added up.

[chris600uk]

Well have you got an upstairs window from which you can speak to people at your front door/garden?

[NORTHERNGUY]

No , my windows look out to the back and there is no way he can get there!Its only my front door , which actually comes straight into my sitting room , where my tv etc is on show.

Can he insist to meet me ?

Will he charge for this visit?

If i open the door , he could then try and walk in?

I mean , I was genuinely unaware of this debt , and will pay - I am trying now to sort my life out (thanks to this forum - which helps you take control) but I do not want him to make a fool of me!

[chris600uk]

He has already shown that he has no respect for you or the law.

 

If you open the front door to him, I would expect him to already be leaning on it, then as you fall backwards, he'll step in, or push in.

Theoretically that's wrong, but you'd then have to prove it.

Best thing to do is not open the door to him at all, even if he pretends to have a heart attack - although you should call an ambulance just in case.

 

He cannot insist on meeting you, he doesn't have that right.

 

You would be better off only dealing with his head office, in writing.

 

Every time you do something you don't have to do, he makes a fool of all of us. His entire purpose is to get you into a conversation and convince you that he has legal rights that we here all know he doesn't have.

[jab78]

i owe all of last years coucil tax,a bailiff from rossendales came to my house with a notice of distress/walking possession agreement.he tried the usual tricks by claiming he hadn't been to the toilet all day but fortunately i didnt let him in,he did not gain acces to my house at all and made no list of goods in my house.i made a small payment of £70.00 and went to his car to write me a reciept which he did.when he came back to my door he had made a note of my car and registration(how he knew it was my car i don't know) the car is still under a hp agreement.he said to send off the means form with a pay slip to prove income and also all my outgoings.i knew they wouldnt accept it as they needed the amount due by the end of the current tax year which would mean paying them around £450 a month until it was paid baring in mind that this was january 09 and had till end of march to pay which i couldnt do as it meant not paying other things and am usually all spent up on pay day which is monthly.i sent off the information they asked for but a few weeks later got a letter saying that my case was with the van bailif and to ring him to discuss the matter which i did,he said he would ring me back either later that day or first thing next day,he didnt,2 days later i recieved another letter from the bailif with a notice of 24 hours to pay in full or they were coming to take my goods(the car) i rang him again and he said he would give me until my next payday 24th/03/09 to come up with the money i can pay this out of my wage but that means defaulting on absolutely everything i pay out including rent to my private landlord and car payments etc.then a few days later i recieved my bill for council tax for 09/2010 which the 1st payment is due early april 09 if i pay the bailif this money i can't pay the 1st payment of 09/2010 council tax.since then i have been frantically trying to get a loan to pay the bailif which i can't get due to credit history.they have also included a van charge on my rossendale debt even though the van has not been to my property yet can i pay off the amount minus van charge before they come out.i have no other options to come up with the money so looks like i will have to pay out all of my wage and like i said earlier default on everything.i need some info or help as they are coming in a few days time much appreciated if u can help me

[chris600uk]

i owe all of last years coucil tax,a bailiff from rossendales came to my house with a notice of distress/walking possession agreement.he tried the usual tricks by claiming he hadn't been to the toilet all day but fortunately i didnt let him in,he did not gain acces to my house at all and made no list of goods in my house

 

So far so good.

 

i made a small payment of £70.00 and went to his car to write me a reciept which he did

 

 

I'm not quite sure why you did that, because less than half of that will go off your council tax debt.

 

 

when he came back to my door he had made a note of my car and registration(how he knew it was my car i don't know) the car is still under a hp agreement.

 

he can't touch it because it isn't your property, although if he levies upon it you must inform him in writing that it belongs to the HP company.

 

he said to send off the means form with a pay slip to prove income and also all my outgoings

 

Oh dear, I wish you hadn't done that, they weren't entitled to that information.

 

.i knew they wouldnt accept it as they needed the amount due by the end of the current tax year which would mean paying them around £450 a month until it was paid baring in mind that this was january 09 and had till end of march to pay which i couldnt do as it meant not paying other things and am usually all spent up on pay day which is monthly

 

Utter bollocks! The account has been handed to the bailiffs, and there is no time limit on when they can have all the money in. I've owed close to £10k for almost ten years now, although admittedly it's built up to that over time.

 

i sent off the information they asked for but a few weeks later got a letter saying that my case was with the van bailif and to ring him to discuss the matter which i did

 

Dear God, please don't do that again! Never ever talk to bailiffs on the phone unless you are recording it and gathering information for a complaint.

[chris600uk]

he said he would ring me back either later that day or first thing next day,he didnt

 

That's quite normal, doesn't mean it's right, just that it's normal

 

,2 days later i recieved another letter from the bailif with a notice of 24 hours to pay in full or they were coming to take my goods(the car)

 

Did he leave a seizure notice or notice of levy? Anyway I hope you dug out your HP agreement, because that and a statutory declaration is quite sufficient to deal with that normally.

 

i rang him again and he said he would give me until my next payday 24th/03/09 to come up with the money

 

There you go again, ringing and speaking to bailiffs - you really must do all this in writing/email. This was all very predictable you know, I don't think he ever levied upon your car at all.

 

i can pay this out of my wage but that means defaulting on absolutely everything i pay out including rent to my private landlord and car payments etc.

 

Then don't do it!

 

then a few days later i recieved my bill for council tax for 09/2010 which the 1st payment is due early april 09 if i pay the bailif this money i can't pay the 1st payment of 09/2010 council tax.since then i have been frantically trying to get a loan to pay the bailif which i can't get due to credit history.

 

Thank god for that, you'd only get deeper into the sh*t.

 

they have also included a van charge on my rossendale debt even though the van has not been to my property

 

Well of course they have, because they are lying! It comes naturally to many bailiffs, many people if the the truth be told - although not by them!

 

yet can i pay off the amount minus van charge before they come out.

 

I wouldn't make any plans to pay anybody at this point.

 

i have no other options to come up with the money so looks like i will have to pay out all of my wage and like i said earlier default on everything.

 

NO, NO, NO, you have been lied to, screwed each way, and they've put you into a right flap!

 

i need some info or help as they are coming in a few days time much appreciated if u can help me

 

You need to stop and take stock.

First start your own thread cos you are hijacking Northenguys thread.

 

Then collect every piece of paper you've ever had from them.

 

Then go round the house (you already know this anyway) and make sure they can't get in. Park your car well away from the house, preferably a long long way away, at your mums or your mates or something.

 

Then repeat after me, "I will never talk to the bailiff again"

 

They have not been into your house, so they have no right of entry.

They have not been able to seize your car, and they haven't the right because it's on HP.

 

They have no rights whatever.

 

So don't open the door to them. If they knock ignore them, close the blinds so they can't see in, and don't give them any feedback at all.

And they will go away.

It doesn't matter if they turn up in a Terex, they can't charge you for that.

 

You can pay the council online direct, they won't stop you, although the payment will probably go off this years debt first.

[jab78]

first of all sorry for hijacking its my first time on here i wasnt sure what to do and secondly thankyou soooooo much for your help a huge weight has just been lifted from my shoulders.