Rossendales - Council Tax Debt

[KeefG]

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,

[KeefG]

Its not a company car, its mine, i just didnt want him to know that

[KeefG]

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?

[KeefG]

Knackers

 

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.

[KeefG]

Points duly noted, ta very muchly

[KeefG]

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.

[KeefG]

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!

[KeefG]

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

[KeefG]

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

 

I'll change it now.

 

cheers

[KeefG]

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

[KeefG]

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?

[KeefG]

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

[KeefG]

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