rossendales - unpaid Council Tax. **Now back with Council**

[recourse]

Hi folks.

 

I have had the misfortune to deal with Rossendales due to unpaid Council Tax.

 

The tax is for this current year, and they have slapped £90 fees on top, I signed a walking possession on my car, and offered them £100 per month.

 

THey have sent me a letter today saying they have agreed £92.00 per week, which I can't pay.

 

Any ideas on the best course of action?

 

Thanks

 

Jason

[**Tilly**]

Hello Recourse Welcome to cag

 

 

Hi if you start a thread in the link below, you will get all help and advise you need

good luck.

 

 

Bailiffs and Sheriff Officers

 

 

 

 

Tilly

[recourse]

I have put this in an existing thread and am starting a new one.

 

I could not keep up with my council tax this year. The bailiff arrived, I sat in his car and he levied distress on my vehicle.

 

 

I rang the council, who took it out of the bailiff's hands and agreed a payment plan, but unfortunately, could not keep up with it.

 

The bailiffs are now back, acting on the original documentation, and have charged me over £240.00 on top of what I owe.

 

The council are refusing to take money from me. They tell me to complain to the bailiff about the charges; nothing to do with them. He has not been in my house, but has asigned walking possession on my car.

 

Question

 

I have an amount of money in my account, but if I pay the full amount, we don't eat or heat the house, simple as that.

 

Can I dispute the charges? Can the bailiffs chase me for charges? Can the council refuse to take my money?

 

Thanks in advance

[scatz1972]

How long ago was this walking possession on your car signed?

[recourse]

about six months ago

[scatz1972]

Call the national debtline 0808 808 4000 its free, as it was done so long ago and the bailiff never acted on it then perhaps it could be seen as being abandoned by the bailiff...if this is the case then the bailiff would need a new walking posession.

 

In the meantime hide your car.

 

Let us know how you get on.

[recourse]

Call the national debtline 0808 808 4000 its free, as it was done so long ago and the bailiff never acted on it then perhaps it could be seen as being abandoned by the bailiff...if this is the case then the bailiff would need a new walking posession.

 

In the meantime hide your car.

 

Let us know how you get on.

 

Thanks

 

Have justpaid the council direct in full online, thus circumnavigating their crap about not being able to pay them.

 

What is the law on Bailiff charges? Can they chase me for them? I have a receipt from the council now saying the year is paid for in full. If I had underpaid Rossendales, they would have taken their charges first.

 

What is the best course of action, as I am assuming the bailiff is going to be naffed off that I have manouvered around him?

 

Thanks

[scatz1972]

I take it you live in England? wales fees are slightly less.

 

The Council Tax Administration & Enforcement (Amendment) 1993. Si 773 amended by Si 295 0f 1998, Si 768 of 2003 and Si 3395 of 2006

 

First visit fee: £24.50 This is for a first attendance to levy but where a levy does not takes place. (For example where you are not in)

 

The bailiff can charge a levy fee if they levy but he cannot charge both amounts on the same occasion.

 

Second visit fee: £18.00 Despite any further visits, the bailiff can only charge for a maximum of 2 visits.

 

Levy Fee: Under this heading the bailiff can charge £24.50 for the first £100, and 4% on the next £400 etc.

 

First £100 £24.50

Next £400 @ 4%

Remaining £100 @ 2.5%

 

Walking posession order £12

For other fees see the link below:

 

This is the link to the nationaldebtline website, which shows the complete fees a bailiff can charge whilst collecting council tax are at the bottom of the page.

 

http://www.nationaldebtline.co.u k/england_wales/factsheet.php?page=02_bai liffs_and_council_tax

 

 

You need to give it a few days then double check that the bill is definately paid, as the bailiff fees would normally be deducted first.

 

If I was you I would call the national debtline, my question is that if the bill was returned to the council then the bailiff technically has to start all over again with the process.i.e the previous levy wouldnt stand etc and if you have paid the bill in full before the bailiff has visited then you owe the bailiff nothing.

[p4ul]

No bailiffs fees will have been deducted if you paid the council direct on line.

I believe the only way the bailiffs can get there fees now that you have paid the council direct is to take you to the small claims court.

 

if they turn up they will still try to scare you into paying them, just give them a copy of the receipt and tell them to get off your property before you call the police.

Ignore any threats they give you they no longer have any power now you have paid.

[chris600uk]

as it was done so long ago and the bailiff never acted on it then perhaps it could be seen as being abandoned by the bailiff...

 

If the account was handed back to the council then I believe the bailiff definitely abandoned the goods.

[scatz1972]

If the account was handed back to the council then I believe the bailiff definitely abandoned the goods.

 

Thankyou for confirming that Chris

[recourse]

I paid my council tax bill from under the noses of Rossendales last month direct to the council online.

 

The bailiff rang me threatening fire storm petulance and brimstone amongst other things.

 

The very fact that my wife would not be able to deal with these numpties if they turned up

and I wasnt here forced me to pay him £130 towards the charges, when they had actually charged me £205.

I told him that was what I considered to be fair based on the price of van hire locally.

 

I now come home today to find a letter asking for £75 threatening me with a van and removal if I dont pay.

 

two questions

 

i. What colour is the sky on their particular chosen planet?

 

ii. Do any of you great people have a letter that will send them away?

 

Many thanks

[FairPlay77]

I paid my council tax bill from under the noses of Rossendales last month direct to the council online.

 

The bailiff rang me threatening fire storm petulance and brimstone amongst other things. The very fact that my wife would not be able to deal with these numpties if they turned up and I wasnt here forced me to pay him £130 towards the charges, when they had actually charged me £205. I told him that was what I considered to be fair based on the price of van hire locally.

 

I now come home today to find a letter asking for £75 threatening me with a van and removal if I dont pay.

 

two questions

 

i. What colour is the sky on their particular chosen planet?

 

ii. Do any of you great people have a letter that will send them away?

 

Many thanks

]

 

FIRST QUESTION: Have you ever let them into your home, threby allowing them to 'levy', i.e. make a list of your goods?

 

Second, have you ever signed a Walking Possession Order?

 

If you haven't done either of these, then there's probably nothing they can do, especially if you find out that they have tried to overcharge you, which bailiffs often do -so write to them, and get a breakdown of their charges.and take it from there.

 

For a more detailed answer, you need to tell us whether they have ever set foot in your home and whether you have signed a Walking Possession Order.

[recourse]

I signed a walking possession order on my car. This was in July last year. The council took it back on after I contacted them, only for me to fall behind again.

 

He has not been in my property, and I was told by someone who used to be a bailiff that they are not allowed to chase you for their charges, so this came as a bit of a surprise!

 

(I've sold the car by the way-thought it was dead and buried when the council took the debt back)

 

Thank you again

[chris600uk]

I signed a walking possession order on my car. This was in July last year. The council took it back on after I contacted them

 

Well that means that they had abandoned the goods

 

He has not been in my property

 

That means that they can't come in now.

 

I was told by someone who used to be a bailiff that they are not allowed to chase you for their charges

 

That's absolutely true, but unfortunately it doesn't ever stop them trying -- and that's because they are playing the numbers game -- there will be some people who will pay them exactly what they say they should pay them.

[chris600uk]

There is no magic letter that will make them go away.

The bailiffs will only leave you alone if they think that further action will gain them nothing, and they will form that opinion based on the kind of contact they have with you.

 

That's why we use template letters, and pick them up on every mistake that they are bound to make.

And that's also why when bailiffs are likely to be about, that we have to behave in a very special way. Parking cars away from the house, keeping doors and windows closed, not opening the door to anyone unless we know who they are, checking who's outside before leaving the house.

 

It all sounds very difficult, but it's not... after a while it becomes a habit, all that you do is develop habits to keep your stuff safe.

[letsmakeamark]

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/192026-counil-tax-read.html

 

Have a look at this thread and look at the nulla bonas that have come back and they will give you an idea of how to deal with them.

[Peroni]

Rossendales have recently tried to fleece me with unlawful fees.

 

Go over EVERYTHING with a fine toothed comb and work out exactly what fees can be charged. My bailiff 'friend' got backed into a corner when I made it clear he was acting unlawfully and was not going to get away with it.

[recourse]

Thank you to everyone who helped me fight off GE repossession....one last problem, which I need some clarification on please.

 

My wife and I seperated 18 months ago, and in all the stress and strain, coupled with depression and counselling she is going through,

Council Tax went unpaid. It is in her name alone.

 

Rossendales have their hands on it, and have pushed various letters through the door.

They levied on MY car, which my ex had borrowed for three days to ferry kids around

 

I have an authority with the council to deal with her account, because of her illness.

The council refused to take it back, who have given a deadline of tomorrow to find £1060, which of course is impossible.

They say enforcement will be carried out tomorrow if cash is not received, and gave me a meeting place and time.

 

Here's what I need clear in my mind.

 

i. Is it true that they are not allowed to force entry if they have not been in the property?

ii. Does the levy on my car change the above?

iii. They appear to have added about £500 in fees and charges. Is this correct?

iv. I have read that bailiffs code warns them against approaching vulnerable people.

The definition for vuilnerable people includes single parents and people with illnesses.

Given that my ex is receiving counselling for years of systematic parental abuse and is on anti-depressants, thats about as vulnerable as it gets.

I also know if they turn up when she is there, she will fold like wet cardboard because of her state of mind.

How do I get the relevant people to listen to me?

 

I have tried to raise the money, but it isnt happening. Please help me make sense of this

 

Thank you

[jimbo45]

Hi there

just tell them to Foxtrot Oscar -- ZERO rights of entry.

 

edited Actually they CANNOT legally levy ANYTHING until they've made the requisite two visits so if the car is on your property you don't even have to admit them if they want their clamp back.

 

I HATE these people --but they don't like it "when the Natives start getting restless".

 

NEVER give in to these people -- eventually the council WILL have to take the debt back in any case.

 

NEVER EVER EVER pay bailiff's -- especially Rossendales.

 

Cheers

jimbo

Edited September 22, 2010 by IdaInFife
post edited

[recourse]

thanks jimbo....they havent clamped the car....just stufffed paperwork through my wife's door with my cars details written on it.

[seanamarts]

 

 

 

 

 

Here's what I need clear in my mind.

 

i. Is it true that they are not allowed to force entry if they have not been in the property? They cannot force entry if they have not been into the property.

 

ii. Does the levy on my car change the above? If they have levied your car, it is classed as an unlawful levy and cannot charge a levy fee for this. You need to send proof of ownership to the bailiff company with a letter stating this.

iii. They appear to have added about £500 in fees and charges. Is this correct?

No certainly not correct at all, all they can charge at this time is £42.50 for two visits. Cannot charge for a levy fee as the levy was unlawful.

iv. I have read that bailiffs code warns them against approaching vulnerable people. The definition for vuilnerable people includes single parents and people with illnesses. Given that my ex is receiving counselling for years of systematic parental abuse and is on anti-depressants, thats about as vulnerable as it gets. I also know if they turn up when she is there, she will fold like wet cardboard because of her state of mind. How do I get the relevant people to listen to me?

You need to get straight back on to the council, speak to the 'Manager' at the benefits and revenues department. Under the national standards of enforcement agents your wife is clearly vulnerable. read here http://www.dca.gov.uk/enforcement/agents02.htm#part10

 

I have tried to raise the money, but it isnt happening. Please help me make sense of this

 

Thank you

You can also get in touch with your local councillor who may be able to help you. Your wife does not have to deal with these people at all. she can start making payments to the LO by way of making payments online via their website. Or if your wife is on benefits she can request that they take out payments from her income support/JSA etc. It may also help if you can contact her councillor/doctor to get a letter written on her behalf stating her illness.

[recourse]

thank you, I'm on it as we speak.

 

The bailiff rang me today, and when told there was no way he could have such a large amount of money, he got nasty.

 

I told him my mortgage is on a suspended eviction order and I have no choice but pay it,

 

he said "I have plenty of choices, and am now going to use them against your wife"

 

Lucky I didnt go to meet him,

 

Thank you again for your help, this site is an absolute godsend

[seanamarts]

Because of what he has said I would now write a formal complaint to the Chief Executive of the council with regards to threatening behavour. Please remember if and when he turns up tell your wife NOT to answer the door. Keep all windows and doors locked. She does not have to communicate with them at all !!

[jimbo45]

Because of what he has said I would now write a formal complaint to the Chief Executive of the council with regards to threatening behavour. Please remember if and when he turns up tell your wife NOT to answer the door. Keep all windows and doors locked. She does not have to communicate with them at all !!

 

Make also a complaint to Local Govt Ombudsman -- the Local Council will then have to explain WHAT HAPPENED, what control they have in place to ensure their agents behave ACCORDING TO THE LAW and what steps they are taking to ensure this doesn't happen again.

 

This information has to be posted PUBLICLY as well --Councils HATE that more than anything else.

 

You WILL have had to make a complaint to the CEO of the council first so do that and THEN complain to the Local Govt Ombudsman.

 

Cheers

jimbo