Help needed R.E - Rossendales/Council

[joe_bloggs]

I hope you guys can help me as I am worried sick by a visit by an employee of Rossendales bailiffs earlier on today.

Basically, I answered the door and he said my name, and informed me that he was here due to the fact I owe my council tax, and handed me a letter which stated the following:

 

NOTICE OF ATTENDANCE

MAGISTRATES LIABILITY ORDER/DISTRESS WARRANT FOR UNPAID COUNCIL TAX

AMOUNT DUE £916.52 PLUS COSTS

 

To make immediate payment call our 24 hour automated payment line 0845 078 1194 quoting *******

 

Now I think the amount stated is for part of last years council tax, but I have been on Incapacity benefits/Income support throughout this period but due to laziness/forgetfulness/negligence I forgot to re-apply for council tax benefit.

Please could you tell me what be the best course of action to take to avoid paying this amount or sorting this problem out.

If you require any further information please leave a message.

As I said before I have been worried sick all day,so any help would be greatly appreciated.

 

Thanks in advance.

[chris600uk]

income support?, then you must apply to have the account taken back by the counci

[chris600uk]

To: Bailiff Company


 

Date:



 

Dear Sirs,

Re: Account reference.



 

I refer to your letter dated (enter date)informing me that your company have been instructed by (enter local authority) to enforce a warrant/liability order etc against me, in respect of arrears of council tax. 

In your letter you state that you will be visiting/returning to my home to (seize/auction etc my goods.)unless full payment of (enter amount) is made by return.

The purpose of this letter is to advise your company that I am in receipt of (income support/jobseekers allowance) and am enclosing as proof, a copy of (payment book/letter from benefits agency.)

I am informed that deductions can be made directly from my benefits to pay my arrears of council tax. This is provided for in the Council Tax (Deductions from Income Support) Regulations 1993.

For this reason, I would like to request that this account be referred back to (local authority) so that the relevant forms can be completed.

I am also aware that once deductions are in place, Regulation 52 of The Council Tax (Administration & Enforcement) Regulations 1992 expressly forbids any enforcement action.

As I have now made you aware of (my/our) circumstances, and provided proof, if your company continues with enforcement action, I will consider making a formal complaint about the bailiff’s conduct to the County Court

Could you please confirm safe receipt of this letter, a copy of which is being sent to my local authority.

 






Yours Faithfully.

 

 

This letter was designed by tomtubby and originally downloaded from

bailiff advice online

[chris600uk]

email it to the bailiffs, back it up with a hard copy sent by recorded delivery, email a copy to the council and an email copy to the head of the council tax department.

 

That, ought to do it, then you'll have about £3 a week taken out of benefit

[joe_bloggs]

Thanks ever so much for the quick replies Chris, I appreciate it.

So let me get this right, even though I have been in receipt of Income Support & Incapacity Benefit throughout the period that my Council Tax is due from, I will still have to pay directly from my Benefits?

I was wondering if it would be worth contacting the council 1st to see if they can talk to the bailiffs, as my only crime seems to be the fact I forgot to apply for Council Tax Benefit?

 

Thanks.

[huggys boss]

You can try to contact the council regarding backdating your claim, but IMHO I don't hold out much hope of them doing it.

 

When you claimed your benefits, was there not a form for you to complete regarding housing benefit/council tax benefit?

 

I would send the letter that Chris600uk has posted for you to the bailiffs, and seek advice from the council ASAP.

 

You said that the Bailiff had been to your property and you had answered the door.

 

Did he enter your property?

Did you sign anything?

 

Give us as much info as you possibly can regarding this.

[joe_bloggs]

The bailiff did not enter the house, nor did I sign anything. He simply handed me the letter and I when I told him I was on benefits he told me I should contact the council.

 

When you claimed your benefits, was there not a form for you to complete regarding housing benefit/council tax benefit?

 

I have been on benefits for about 6 years, initially I was in receipt of council tax benefit, but I haven't claimed for the last 2 years because of forgetfulness. I think you have to reapply for council tax benefit on a yearly basis.

[huggys boss]

We are on benefits and all we get is a letter to tell us of any yearly changes and a form to fill in if there have been any changes to our circumstances.

 

Did you stop claiming benefit at any point?

 

It may be different for you. We are in receipt of both housing and council tax benefit.

 

I would ring the council first thing tomorrow and ask them about backdating (but don't hold your breath). I do know that they only backdate housing benefit to the Monday before you make your claim, but I am not sure about council tax. If you are not satisfied with the answer you get on the phone, if you can, make an appointment to go and see a benefits advisor. In the long run, if you do have to pay it back, it will be better for you to have it deducted from your benefit because there is a maximum they can take. (which will be a lot less than the bailiffs will want).

 

It looks as though you had a bailiff with a heart............you were lucky.

 

Also, if you haven't already done so, get in that claim for council tax benefit.

[chris600uk]

I think you have to reapply for council tax benefit on a yearly basis.

 

Yes you do, and if at any time your benefit changes or is interrupted for some reason you may have to reapply then too.

 

This happened to me, and trying to get the council to see that at the time wasn't a problem - I spent hours on the phone sorting it out.

 

But years later, there was no proof and so although they were prepared to backdate the claims if there was evidence that I was entitled to the CT benefit, I had none.

 

You should go to see the council and ask them to review the CT liability on the basis that you were entitled to the benefit at all times - you'd be surprised what they can do if they want to.

 

I agree - the bailiff who saw you did the right thing - they're not all monsters, some are just ordinary people who need a job - and someone has to do it.

[joe_bloggs]

Thanks for the replies guys, really appreciate them.

I have been receiving benefits non stop for 6 years, so I might give the DWP a ring to see if they can write me a letter confirming this and take it along to the council with me.

I guess, I should visit the council 1st of all and see what they have to say, and then inform the bailiff. I don't want him at my door everyday, no matter how nice he was on his 1st visit.

[chris600uk]

I might give the DWP a ring to see if they can write me a letter confirming this and take it along to the council with me.

 

That's always a good idea, don't forget though that the council will ask the DWP themselves, and then must inform you of the result.

[joe_bloggs]

Just been on the phone to the DWP. They will be sending a letter out, no problems.

Also spoke, to my bailiff and he seemed pleased enough.

Now the hard part , going to see the council this afternoon.

Fingers crossed.....

[chris600uk]

Be nice but firm - the first people you see will probably say things like - "there's nothing we can do", or "you'll have to deal with the bailiffs", you need to speak to a supervisor if that happens.

 

Don't be put off and don't be fobbed off - keep your cool and get your case Escalated, I think that's the buzz word. Good luck.

[joe_bloggs]

Council have negotiated on my behalf with Rossendales to agree a £20 per month payment, guess I am happy enough with that..........

[huggys boss]

Watch what you are doing with Rossendales.

 

If you pay them by card or standing order they will take £1.20 from every payment as handling fees.

 

They will give you the option of paying at the post office with a barcode, for this honour they will charge you 50p a transaction.

 

I am not sure what they will charge if you pay by cheque, but regardless, they say you can send cash or cheque so you then have the expense of the recorded/special delivery.

 

In a nut shell, there is no FREE way to pay Rossendales, I think that even if you took it to thier office and handed it over, they would try and get a charge for wear and tear on their flooring out of you.

[chris600uk]

That's right, the cheapest way to pay is online direct to the council.

 

But if you are happier doing it this way, and you understand that R's will collect from each payment, then there's no reason why not.

 

Just don't let them in! Ever!

[joe_bloggs]

The council employee I was talking to said Rossendales will send the paper work in the post, does that mean they won't send the bailiff around as long as I stick to my payments???

[huggys boss]

They shouldn't sent anybody round, but Rossendales being Rossendales they might send somebody round to "discuss your arrangement" with you.

 

If they do try to pull this stunt DO NOT LET THIM IN. If you do he will make a WPO while he is there incase you do miss any payments.

 

Until you have got the paperwork and you have been making your payments for a while I would still be very wary of who is knocking on your door.

 

Also, I have read somewhere that Rossendales are good at sending paperwork out late, so as to put the client into arrears, and give them cause to go back to the house.

 

Personally, until the paperwork is through, I would be ringing them and making a payment over the phone, just remember, so as not to fall behind, you will need to pay £21.20 a month if you are paying by card or standing order.

[joe_bloggs]

I see, thanks for the heads up mate.

[chris600uk]

Erm, well, maybe.

 

And not necessarily.

 

What's most likely is they'll leave you alone for a while.

[chris600uk]

but I see huggysboss has put it very well

[joe_bloggs]

Is it better to make payments by telephone or on their website?

Any advantages to either method?

[huggys boss]

Either way, they will charge you £1.20, so make sure that you add that to the amount your paying.

 

The upside to the website, is that you don't have to speak to them on their 0845 phone number.

 

If you do need to ring them they have a few 01 numbers (save you the cost of the 0845 numbers)

 

01706 218300

01706 830323

01706 830537

[joe_bloggs]

Cheers huggy, the last question I have just thought of is that, In the future if I wanted to pay of the remaining balance in one go, whether I would be able to do that without incurring any further fees?

[huggys boss]

I don't see why not. So long as you keep to your agreement then all they can charge you is the handling fees. One fee per transaction.

 

I was lucky, some fool in their office forgot to tell me about the charges, so I argued the case with them and they had to pay me them back.

 

I had 2 accounts with them @£5 a week for each account, so I was paying my £5 a week religiously and thought that I would check on the account online. Imagine my shock when I found out that they had been keeping £2.40 a week for themselves. They went back through the phone logs and realised that the lady I had spoken to hadn't mentioned the charges, so they had to give them back.

 

Keep everything they send you, because if they don't tell you about the fees, you will be able to get them back too. They had to credit my account with £104.40 . Now I am refusing to pay them, and I am paying the council direct.