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Hi folks, hope someone can advise.....

 

We moved into our new house at the beginning of march but my wife had to give her job up as we moved out of the area, anyway, the gist of the matter is we didnt pay for the final month of 2007/8 and we hadnt paid anything of 2008/9.

 

Anyway, we had a bailiff from Rossendales round in August regarding the other account which is being paid off in full on tuesday (only £100 remaining) he called when i was at work and the wife let him in and he levied our possesions, however a different bailiff attended on tuesday regarding the 2008/9 account and left a letter stating we owed £1300 and he would be back at his convenience to collect the money or remove our goods. Now i know he cant do this as he hasnt been in our home and he hasnt levied anything.

 

I phoned the council today and asked for a revised statement as we're moving next week and they are updating rossendales records to show that we owe approx £710.

 

The bailiff rang me tonight and i informed him of what the council said, i also informed him that i've wrote to rossendales today and also sent a copy of the letter to the council proposing a payment plan, at which point he said the plan would be refused outright, he didnt even ask me what i'd proposed!!! He then said that he would return and remove my goods, at which point i reminded him that i knew my rights and he hadnt levied goods and that there is no way he will gain entry into my home to do so.

 

He then said he would give me until 5th Nov to find half of the money (which i cant do) or he would send the account back for a "warrant for commital" i think he called it and said that the magistrates would send me to prison. I replied with the fact that i would only be sent to prison if i refused to pay, and my letter clearly states that i'm not refusing to pay, just asking for fair time to pay it.

 

He then asked who's the toyota corrola was outside (there isnt a toyota corrola outside), when i replied there isnt a toyota outside he asked "well the car outside, who's is it?", there is a car outside and its mine but i told him it was a company car....what to do?

 

At this, he told me i had until 5th Nov to find half the amount owing and then he would send it back to the magistrates. My question is, do i phone the council on Monday morning and tell them about the phone call and see what they say? In the meantime on tuesday morning i am paying £50 off the account using rossendales online service, if i do this, can the bailiff still levy my car or will that be seen as unreasonable as i've already started paying the debt off?

 

Any help or advice anyone?

 

Cheers

 

Letter i've posted to Rossendales & the council today:

 

Dear Sir/Madam,

Re: *********

 

I understand *** Council has appointed you to recover my Council Tax Liability arrears for 2008/9 of £1357.87. This figure has now been revised as we are moving shortly and they will be updating you in the next few days as to the new amount owed, when you receive this figure I would be grateful if you could send me a statement. The Council informed me that what I owe them is approx £710. For your records we are moving to ******************* as of 1st November, please ensure any correspondence is sent to the correct address.

 

Firstly I would like to make you aware that I am fully aware of my rights and you will not gain entry to my home under any circumstances to levy goods and I know the fees allowed under statute and when these fees can be applied.

 

Due to my circumstances I am unable to pay this in one payment. I advocate a payment schedule in the interim of monthly payments at £50 starting on 28th October to be paid via your online service and on the 28th of every month thereafter, this is to be reviewed in January as we envisage my wife will be working full time by then and we should be able to significantly increase our payments to clear this debt. I understand this may seem a long time but this is a realistic offer that is affordable to me and will allow me to pay future bills issued for Council Tax without them falling into arrears. A greater amount would cause me real and actual hardship.

 

It should be noted that I am not at any point refusing to pay this debt but only asking for a fair payment period considering my circumstances. And if you are unable to accept my offer I will place the money aside each month until such a time the council take the account back into their management, when I will make payment of the set aside money to the council.

 

Please also send an itemised statement of account that clearly shows what charges have been added and what for, you are required in statute to supply this information and I look forward to this within 14 days.

 

I am sending the council a copy of this letter and requesting that it be filled with my account for further reference.

 

I hope the above meets your approval and I look forward to your timely reply by letter.

 

Yours faithfully,

To quote Public Enemy.........

"Fight the power, fight the powers that be" :D

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Well then hide it

 

 

Park it away from your house, otherwise he WILL try to levy upon it

 

Make sure windows and doors are locked - if he comes back ignore him and make a nice cup of tea - he'll go away after a while, but be on your guard when opening the door.

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Cheers for the advice....

 

He'll try and levy it even though i've started paying the debt back already then?

 

With regard to being on my guard, why is that? He is not allowed to force his way past me or my wife is he to gain access?

To quote Public Enemy.........

"Fight the power, fight the powers that be" :D

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Knackers :mad:

 

Its a bit tricky parking it away from my house, i might have to sell it to my mum for a £1 until this is sorted out.

 

Ta for your help fella.

To quote Public Enemy.........

"Fight the power, fight the powers that be" :D

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With regard to being on my guard, why is that? He is not allowed to force his way past me or my wife is he to gain access?

 

 

Legally no - but once he's in it could be your word against his.

 

Imagine for a moment you open the door and there was a big 8foot bailiff leaning against it all that time.............. he falls into the house.

 

Did he break the law? Or was it just a happy accident that let him in.

 

Either way he's in - and you're left to argue about it afterwards.

 

Don't take that chance, some bailiffs are very very dishonest, not all mind.

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Well you should really sell it to her for a bit more than that,

after all it's probably a great car;)

 

And you wouldn't want anyone suggesting you'd only sold it to avoid paying tax now would you?:)

 

You might have to change the insurance too.

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  • 3 weeks later...

Hi again,

 

A bit more help is required, since i posted the letter off to Rossendales we have moved house and hadnt heard anything more from them, this morning the wife collected our mail from the old house and we had 2 letters through the door both from Rossendales.

 

The 1st, dated 10th Nov, from their "Governing Bailiff" thanking us for our correspondance, even though he clearly didnt read it as we aksed for all future correspondance to be sent to our new address which i supplied them, and stating that the matter was with their van bailiff who we must contact immediately.

 

The 2nd letter is a "Final Notice" which was hand delivered to our door yesterday with a big red stamp on it stating "you may be arrested if you ignore this" and that it is a "24 hour statutory notice of intentions to recall and remove goods".....the house is empty for crying out loud and even the basest of village idiots can tell that!!

 

Now, what is my next step? I cant pay anything at all until the 28th Nov but they are demanding, in the letter, full payment of £918.15. Its also worth noting that they have completely ignored my request for a statement of charges and have had more than 14 days to supply this.

To quote Public Enemy.........

"Fight the power, fight the powers that be" :D

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catch-22 you dont waht the bailiff knowing your new address. Ask they can confirm their fees truthfully comply with the law and they will probably come unstuck.

 

The Omnipotent Bailiff Co, Plc

Their Address 1

Their Address 2

Their Address 3

Postcode

 

DATE

 

Dear Sir/Madam

 

Re: [YOUR NAME + REF]: Opportunity to refund and compensate for fee error

 

I write following visits by your bailiff, however there appears to be an irregularity with your fees and I ask you to provide the following within fourteen (14) days:

 

a) The name of the certificating court and certificate number for the bailiff in charge

 

b) Written confirmation of your fees and charges

 

c) Truthfully confirm in writing they are lawful according to prescribed legislation

 

d) The name and address of the person or body you act for

 

If you cannot complete the above, please unconditionally pay me within fourteen (14) days a refund of all unlawful fees and unconditionally pay me compensation of £4999.00 for failure to comply with the law and I will consider this aspect of the matter closed.

 

If I later find an irregularity with your fees within the statutory time limit of 6 years prescribed under Section 2 of the Limitation Act 1980, I will enter no further correspondence with you and automatically file a Form 4 at court for committing offences under the Fraud Act 2006. This may also involve a criminal investigation by police and your firm's director(s) may receive a criminal record for fraud, assisting an offender and benefiting from proceeds of crime.

 

This document is delivered by Royal Mail and I deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

 

Yours Sincerely

 

YOUR NAME

 

The bailiff says you may be arrested if you ignore his letter. The bailiff may be arrested and questioned under caution at a police station if you send this letter.

 

To whom it may concern

Name of Police Station

Address line 1

Address line 2

Address line 3

Postcode

 

[DATE]

 

Dear Sir/Madam

 

Re: Report of offences committed under Section 2 of the Fraud Act 2006

 

I was visited on [DATE] by [NAME OF BAILIFF(S)] who I understand might be a bailiff from [NAME OF FIRM].

 

I have enclosed a copy of a document which was left by the bailiff and says I may be arrested if i ignore it. I understand this is misrepresenting his authority and commits a criminal offence. I understand no such power to have me arrested or to make threats of this nature.

 

To assist police to perform a thorough and objective criminal investigation I enclose a copy of the document which details the name of the person making the threat.

 

I am happy to stand as a prosecution witness and provide a statement for the proceedings and you can contact me on [PHONE NUMBER] to arrange this. Meanwhile, please provide me with a crime reference number.

 

Yours Faithfully

 

 

 

[YOUR NAME]

Enc copy of threat document

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Cheers for those, should i also send a copy of the 2nd letter to Rossendales?

 

While i'm busy sending these, what should i do about the actual money i owe? Obviously i dont want to give them my new address (even though they already have it) as then they'll come round while i'm at work and will hound the wife which i wont allow!

To quote Public Enemy.........

"Fight the power, fight the powers that be" :D

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I've re-worded the letter a bit.....can you have a quick read through and tell me if its ok?

 

12th November 2008

 

Dear Sir/Madam

 

Re: ********** : Opportunity to review fee error

 

I write following visits by your bailiff, however there appears to be an irregularity with your fees and I ask you to provide the following within fourteen (14) days:

 

a) The name of the certificating court and certificate number for the bailiff in charge

 

b) Written confirmation of your fees and charges

 

c) Written confirmation of the fees and charges (including dates) levied to my account

 

d) Truthfully confirm in writing they are lawful according to prescribed legislation

 

e) The name and address of the person or body you act for

 

If you cannot complete the above, please review the ‘amount now due’ within fourteen (14) days and furnish me with a revised statement and unconditionally pay me compensation of £4999.00 for failure to comply with the law and I will consider this aspect of the matter closed.

 

If I later find an irregularity with your fees within the statutory time limit of 6 years prescribed under Section 2 of the Limitation Act 1980, I will enter no further correspondence with you and automatically file a Form 4 at court for committing offences under the Fraud Act 2006. This may also involve a criminal investigation by police and your firm's director(s) may receive a criminal record for fraud, assisting an offender and benefiting from proceeds of crime.

 

In my last correspondence dated 23rd October 2008 I made it clear that I know my rights and that any van bailiff that attends my property will not be allowed entry into my home to levy goods, nor will I enter into discussions with a van bailiff regarding the account and I will not, under any circumstances, discuss this matter with your van bailiff via telephone. To that end my proposal in the interim of monthly payments at £50 starting on 28th November to be paid via your online service and on the 28th of every month thereafter still stands, this is to be reviewed in January as we envisage my wife will be working full time by then and we should be able to significantly increase our payments to clear this debt.

 

Again I must stress that I am not at any point refusing to pay this debt but only asking for a fair payment period considering my circumstances

 

This document is delivered by Royal Mail and I deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

 

Yours Sincerely

To quote Public Enemy.........

"Fight the power, fight the powers that be" :D

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Ah right, i only put in van bailiff as thats what the letter from Rossendales called them!

 

I'll change it now.

 

cheers

To quote Public Enemy.........

"Fight the power, fight the powers that be" :D

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pay the money direct to the council online, the bailiff will probably embezzle your money and not pass it onto the council. You are only paying fees.

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Yeah i tried Mizi but they wouldnt entertain it at all.

 

Rossendales can kiss my ass basically, i've got a few letters to post tomorrow, just not gonna be nice for next few weeks once they find out our new address :(

To quote Public Enemy.........

"Fight the power, fight the powers that be" :D

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pay the money direct to the council online, the bailiff will probably embezzle your money and not pass it onto the council. You are only paying fees.

 

Seriously? Just refuse to pay Rossendales full stop?

To quote Public Enemy.........

"Fight the power, fight the powers that be" :D

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Yes, just dont allow them access to your goods or car. Eventually he will return the case back to council administration and move on to his next victim. You are not refusing to pay the council. If a bailiff turns up and you want to dead-end him, hand this through a window. Never open the door. If you are threatened then call police and make sure that door remains locked shut until the bailiff is at least 100 metres away from your property.

 

[DATE]

 

BY HAND

 

Dear Bailiffs.

 

Re: Your Reference

 

[NAME OF] Council appears to have instructed you to collect unpaid council tax.

 

This notice directs that you are not being given entry to my home or to levy goods contained within and your entitlement to charge a Walking Possessions fee stands revoked. Please be advised that if your fees are found to contradict Regulation 14(2) or Regulation 45(2) of the Council Tax (Administration and Enforcement) Regulations 1992 and you may be liable for criminal prosecution under the Fraud Act 2006. Without corresponding with you further I will also automatically file a Form 4 at court.

 

Due to my circumstances I am unable to pay the debt in whole and will make payment of £[AMOUNT] each month for [NUMBER OF] monthly instalments direct to the council.

 

These are the only payments I can afford and allows me to pay future council tax liabilities without falling into arrears. Please be advised it is not a "criminal offence" for me to deny a bailiff entry to my property and it is an offence to threaten me with breaking and entering with "locksmiths".

 

Please provide me with a breakdown of your fees, put it through the letterbox and quietly leave the property.

 

Yours Faithfully

 

 

 

YOUR NAME

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I've already found that on one of your replies to someone else, a copy is already printed out ready & waiting :)

To quote Public Enemy.........

"Fight the power, fight the powers that be" :D

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Hi KeefG

Yup Burp is right, pay Council online and do not pay bailiff company,especially this one!! I speak from experience, they can overcharge!! Also you MUST park your car well away from your home, it is a bit of a bind doing this but it will save your car!!!

Sugar x

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Cheers Sugarbabe, the car is safely locked away in the garage (cant see into the garage either) apart from when i'm driving it so there's no issue there :-)

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To quote Public Enemy.........

"Fight the power, fight the powers that be" :D

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