rossendales menace

[whothisebe]

Hi,

 

I recently received a letter from rossendales threatening with seizure of goods.

 

It is related to council tax bills from 2006/07.

 

i have contacted the council, they have told me it is out of their hands. Currently I receive council tax benefit. I am unemployed, I do not claim Jsa as I am looking for employment.

 

I have a pregnant wife and a 10 month old child at home, so this letter threatening removal of goods really shook me up. Any advice would be greatly appreciated.

 

Thanks,

hk

[chris600uk]

You should be entitled to have any arrears deducted as well as receiving council tax benefit.

 

Of course you must keep the doors and windows locked, don't answer the door to anyone unless you KNOW it's not a bailiff, if a bailiff calls treat them as if they don't exist and go and make a cup of tea.

 

Park your car away from the house, get a witness who will back you up, and take a photo each time you park it up for the night.

 

It's a bit like being under siege, but it won't last that long.

 

Whatever you do - DON'T LET THEM IN.

 

thats for starters:grin:

[chris600uk]

Give the account back to the Council.doc

 

This excellent letter can be emailed, then sent by recorded delivery, with an emailed copy, backed up by a recorded delivery copy to the council.

And for good measure you can email a copy to the top guy who runs the council tax department.

 

You see my strategy is to be a) legally on a firm footing, and b) create a snowstorm of correspondence at each and every opportunity to complain about anything.

 

This takes time to deal with and multiplies the cost of arguing with just one person - which should speed up the return of your account back to the council who can have the arrears deducted and order the bailiffs out of your lives for as long as you are on benefit.

 

That's what happened to me.

[whothisebe]

Hi chris, thanks for the quick and helpful response. i was just about to ask about writig to them and you already posted up something for that. brilliant.

 

thanks

[chris600uk]

Yes, that's who you address the letter to, but as I said, the more paperwork you send to more people, the more hassle you are giving them, and they'll be much keener to get rid of you.

 

Read some of the earlier posts and you'll see.

 

obviously I recommend my own;) at http://www.consumeractiongroup.co.uk/forum/baliffs-sheriff-officers/120845-rossendales-final-reminder-i.html

[robin9342]

Hi,

 

I am unemployed, I do not claim Jsa as I am looking for employment.

 

 

You should claim JSA as you may well be entitled to it.

[chris600uk]

And if you do, there won't be any doubt about the council tax arrears

even though you are entitled if you are on income support

The Council Tax (Deductions from Income Support) Regulations 1993

 

I seem to remember tomtubby posted something about JSA in particular.

[chris600uk]

Here it is:) from tt's post here http://www.consumeractiongroup.co.uk/forum/baliffs-sheriff-officers/127027-council-tax-bailiff.html?highlight=job+seekers+allowance

 

Deduction from benefits ONLY apply when you are in receipt of EITHER jobseekers (JSA) or pension credit.

 

The following is from our website:

 

 

 

 

If you are receiving Income Support, it is vitally important that you contact your local authority without delay. This is because they can apply for deductions to be made at a nominal rate from your benefits to pay towards your arrears of Council Tax. The amount of deduction is set by law at £2.90 per week for a single debtor and £4.55 per week for a couple.

The relevant Statutory Regulation is as follows:

 

• Council Tax (Deductions from Income Support) Regulations 1993 S.I. 1993/494.

 

If payments are being deducted from your Benefits, under Regulation 52 of The Council Tax (Administration & Enforcement) Regulations 1992, it expressly prohibits any enforcement action when deductions are being made from Income Support for a Council Tax Liability Order.

 

From 6th October 2003, anyone in receipt of Pension Credit may also apply for Council Tax to be deducted at nominal rate of £2.80 per week.

 

The relevant Statutory Regulation is as follows:

 

 

• The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 – S.I.2002/3019

[whothisebe]

hi,

 

i cannot thank you enough,

 

i was self employed during 2006/07, however the government seized my goods (imports from china). i have been unemployed ever since but always looking for a job. i did not bother claiming JSA, but i have just now completed an application form. i have also informed the council, as advised i am bombarding them with letters and emails.

 

will update when i receive a reply.

 

many thanks

hk

[whothisebe]

hi,

 

i received the following email from the council:

 

"Mr K,

I have confirmed with Rossendale that the outstanding balance with them is £150.

27 that is £125.77 council tax & £24.50 bailiff costs.

You must make payments to rossendale to clear the outstanding balance.

You will be sent a new bill in March confirming your installments for 08/9 tax

year

 

Thankyou

 

WH

Revenues Assistant"

 

however i also received a letter from rossendales asking for £5 a week on a total of £350.

 

how should i respond?

 

thanks

hk

[Guest Screw The Bailiff]

Send Rossendales £150.27 with a copy of the letter from the council - and pay with a CREDIT CARD. If rossendales charge you a credit card fee then you have them by the balls.

 

If Rossendales try to charge you more fees then complete a Form 4 complaint for defrauding you by overcharging you with thier fees. There is a criminal element to this, let me know if you want to explore this route.

 

Check the bailiffs credentials, report back if you find an irreguylarity.

 

I am unemployed, I do not claim Jsa

 

I'd suggest you sign on, you wouldnt have this mess in the first place.

[robin9342]

I would send a copy of your letter from Rossendales to the council and ask them to explain why their appointed bailiffs are attempting to charge you unlawful fees.

 

Then I would pay the council £125.77 direct and Rossendales can swing for their fees as your Liability Order would be discharged. The council must accept your payment.

 

Then file the Form 4 complaint as per STB's post.

 

I'd suggest you sign on, you wouldnt have this mess in the first place.

but i have just now completed an application form

The OP has now claimed...

[whothisebe]

Send Rossendales £150.27 with a copy of the letter from the council - and pay with a CREDIT CARD. If rossendales charge you a credit card fee then you have them by the balls.

 

If Rossendales try to charge you more fees then complete a Form 4 complaint for defrauding you by overcharging you with thier fees. There is a criminal element to this, let me know if you want to explore this route.

 

Check the bailiffs credentials, report back if you find an irreguylarity.

 

 

 

I'd suggest you sign on, you wouldnt have this mess in the first place.

 

I would send a copy of your letter from Rossendales to the council and ask them to explain why their appointed bailiffs are attempting to charge you unlawful fees.

 

Then I would pay the council £125.77 direct and Rossendales can swing for their fees as your Liability Order would be discharged. The council must accept your payment.

 

Then file the Form 4 complaint as per STB's post.

 

The OP has now claimed...

 

hi,

 

thanks for the super quick responses.

 

i am not sure which route to take, i have emailed the council offering to pay them £125 straightaway to close the case. however i have a feeling the council will not accept that, so i may have to do what STB suggested. but i am worried if i make that payment they may still ask for more.

 

i hope the council replies and accepts my offer.

 

thanks.

hk

[chris600uk]

Can't you pay the council online?

 

I have, that way the bailiffs are out of the loop.

[Guest Screw The Bailiff]

On Monday morning, go to the council tax office with cash and get a receipt. Take someone as a witness incase the council gets awkward.

 

If you do end up paying bailiffs fees then you can reclaim them by filing a complaint of misfeasance with the LGO

[whothisebe]

hi,

 

i received this reply from the council when i asked can i pay them direct:

 

"Mr K,

 

Any arrangment or payments must be made direct to Rossendales Bailiffs.

Any queries please contact them direct on 0845 6444100.

 

Thankyou

 

WH

01782 238263"

 

i am thinking of doing what STB has advised and go straight to the council. i am just worried they may not accept the payment. i am planning to go tomorrow morning.

 

thanks

hk

[chris600uk]

Which council is it?

[Guest Screw The Bailiff]

Do Magicians Choice. Not guaranteed but it creates a hell of a mess with the council.

 

Do it now.

[chris600uk]

Why are you asking them?

 

If it's Newcastle under lyme then go to this page https://epay.newcastle-staffs.gov.uk/Webpublic/newpay.asp

 

Then you can pay whatever you want, they cannot stop you, and I promise you THEY WILL NOT GIVE YOU THE MONEY BACK:lol:.

 

Don't ask their permission, just do it:grin:

[chris600uk]

Oh this is important, make sure you type in the payment reference carefully, otherwise you may find you've paid someone elses tax bill.

 

Check it before you press PAY:)

[chris600uk]

I need to explain this more clearly.

 

The council have entered into a legally binding contract with the bailiffs, and case law has meant that once they have given the account to the bailiffs they can't take it back unless the bailiffs give it back themselves in return for a Nulla Bona (hope thats spelt right) payment, or you have fulfilled certain criteria such as being vulnerable, on benefit, etc.

 

So just asking them will do no good.

 

But if you sneakily pay them using their online payment facility, you'll find that the liability order will magically disappear, cos the whole point of it - collecting the tax - has been achieved.

 

See?

[chris600uk]

But you must, MUST, pay at least what is owed on the liability order.

[madmonk12002]

watch these baillifs,they once sent me a bill saying they had sent a van to my house with so many blokes little did they know i had a hidden camera recording 24 hrs,they soon dropped the charges when i rung them and told them about me recording ,they never came near my property

[whothisebe]

hi, sorry for the late replies.

 

i received two letters:

 

1- council - they are not willing to take the account back from rossendales.

 

2- rossendales - they have slashed the amount from £350 to £150.27 (which was the amount the council informed me of -"outstanding balance with them is £150.27 that is £125.77 council tax & £24.50 bailiff costs").

 

i also received another email from the council, stating they are not taking the account back.

 

three options:

 

1) pay the council £125.77 online? https://www.payments.stoke.gov.uk/newpay.asp

 

2) go to the council and pay them £125.77?

 

3) ring up rossendales and pay them £150.27

 

i am willing to settle this by paying rossendales the £150.27 just to end this headache. what should i do?

 

thanks everyone for all your support and help, much appreciated.

 

thanks

hk

[chris600uk]

Well it looks to me as if you've sort of answered your own question really.

 

You have achieved a massive reduction in R's claim, which is great!

 

Whether you pay the council what is owed to them directly and separately pay the bailiffs fee direct to the bailiff, or all of it to the bailiff is up to you. It sounds like you've got the money from somewhere, so how you pay it is probably irrelevant.

 

Perhaps you should give the decision to the person most affected by the stress, although as you're the one posting in the wee hours, it looks like it could be you.

 

Good luck,

 

Chris.