Please help! .. Rossendale Bailiff

[sweetgem9]

Hello

 

A year ago we moved to our current address. Having never recieved a council tax bill we wrote to our council and told them we were moving and wanted our bill. This never came, On calling them they never answered their phone.

 

So we moved. Three months later we had a doorstep call from a bailiff from Rossendales. Not knowing the first thing about Rossendales or bailiffs back then he came in and we stupidly signed his walking possesion form. In our defence we always wanted to pay this debt in the first place.

 

The total amount we owed to the council was £378 with Rossendales fees £499.00 in total. So from that day one year ago to this we have paid the amount agreed of £25.00 monthly...

Without realising we had paid the final 3 installments 2 days late.

 

Yesterday I had a bailiff on the doorstep asking for my husband. He was at work so she left a letter for him. He called her later and he was told we have paid £370 and still owe £398.21!!!!!!! The amount is apparently for three late fees and a van?

 

We went to CAB today and they have held the bailiffs off until Tuesday which is when we can talk to our CAB advisor.

 

The things they put on the walking possesion are an old pacific TV, our dining room table and chairs, our coffee table, our two side boards. What is worrying me is if they come to take these things can they legally take anything else they see too? I have since been given a new TV and really dont want them to take it.

 

THe bailiff said they have added all the charges that can possibly be added now and there is only the option of a lump payment but what happens if we cant pay this and the things listed dont make their money at auction? can they take more? Their charges seem very high beings as we have been paying but I suppose thats how they work.

 

Heinsight is a nasty thing. I wouldnt have let them in in the first place if I could go back and I would have paid the council direct..

 

Anyones help will be so so so much appreciated!

[chris600uk]

no they can only take whats listed om the wpa

[tomtubby]

We have had this identical complaint as least 6 times in the past 3 days and if anyone from a bailiff company is reading this...is it any wonder that debtors are not allowing a bailiff peaceful entry into their homes !!!

 

I would seriously be considering a formal complaint about the bailiff and the reason why is because you have been paying this debt for nearly a year and therefore you have demonstrated your commitment to clear this debt, but with the severe effects of the recession you have been late in making the final 3 payments.

 

The bailiff however has demonstrated that his aim is to find any way possible in getting an "attendance to remove" /van fee in BEFORE your payment arrangement comes to an end.

 

Have you received confirmation from the council of the amount of the Liability Order that was passed to Rossendales and can you post back here with all of the charges applied to your account.

[sweetgem9]

Thank you so much for your replies!

 

I havent written to them because we were told our CAB advisor would do this. I cant sleep been up since 4am. Our CAB advisor comes in on Tuesday and the bailiffs were asked to hold off until tuesday so It may all be too late! Although I think I will write to them today so they get it Monday...

 

I have a two year old daughter and all I keep imagining is them breaking in and taking our things from around us! The doctor prescribed me antidepressants cause I cant seem to pull together.

[tomtubby]

Sorry, I may have been reading your post wrong....it was late last night!!

 

You say that you have been late with the l FINAL 3 instalments by 2 days .

 

Firstky, what is the amount of the Liability Order?

 

Do you have a copy of the Walking Possession. There is a part on it which will say that if you do not pay within a certain number of days etc. Some bailiff companies say 5 days but all of the Rossendales ones in our office say 14 days. Can you post back on this.

 

You say you were late. Have payments now been made and if so when?

 

Are all payments now finished?

 

Finally, when you set up this agreement, was there anything in writing to stipulate the actual date of payments?

[chris600uk]

The things they put on the walking possesion are an old pacific TV, our dining room table and chairs, our coffee table, our two side boards

 

I believe that they have listed exempt items, and that may make the wpa invalid - ie dining room table and chairs.

[sweetgem9]

hello

 

There is a part on the wpa that says:

 

You may remove and sell those goods at any time aftre 14 days after date shown below. If I have not then paid the sum due and your fees, charges and expenses. .. dated 4/2/08.

 

The amount on the liability order is £398.21.

 

As far as I am aware (my husband spoke to the first bailiff) there was no date set up and I certainly cannot see a date on any of the correspondence I have before me. We paid £45.00 upfront to the bailiff when he did his first visit. since then we have a barcoded letter that we have taken to the post office monthly to pay £25.00.

Again as far as I'm aware there was no payment plan, the idea was just to pay the £25.00 until it had covered the amount. The bailiff on the phone confirmed we had paid over £300. But as I said the liability order is for £398.21.

 

I have borrowed the outstanding amount from my brother because I really dont want them in my home... Is it best to pay them or pay the council direct? I mean I have sent a letter asking for a breakdown of the fees so should I wait to hear back first? Its just they are coming after Tuesday and its my daughters birthday wednesday and we had a day out planned and I darent leave my home!

[chris600uk]

Hmmm..........

 

I'd answer all of tomtubby's questions first before doing anything.

[chris600uk]

Its just they are coming after Tuesday and its my daughters birthday wednesday and we had a day out planned and I darent leave my home!

 

They can't just turn up and break in if you aren't there - I understand that they must give you a definite appointment time and date when they are intending to force entry.

[sweetgem9]

My husband just spoke to the council and they have said we owe £298 to them from the original bill. If we pay this do we still will have to pay the bailiffs fees. The outstanding fees with the bailiff is for the van to remove our things which they havent yet come in so do we still have to pay for this even though there has been no van? The money we have paid so far has mostly gone towards their fees it seems. or Is it best to pay the bailiffs, then question the fees after. I dont know the best way forward as I think we have been unfairly charged.

 

Anyones help is much appreciated!

[LilyLou]

Hello

 

 

 

The total amount we owed to the council was £378 with Rossendales fees £499.00 in total. So from that day one year ago to this we have paid the amount agreed of £25.00 monthly...

Without realising we had paid the final 3 installments 2 days late.

 

Yesterday I had a bailiff on the doorstep asking for my husband. He was at work so she left a letter for him. He called her later and he was told we have paid £370 and still owe £398.21!!!!!!! The amount is apparently for three late fees and a van?

 

 

Anyones help will be so so so much appreciated!

 

So they have only forwarded £100 to the council ?

Edited February 2, 2009 by LilyLou
Brain not in gear !

[sweetgem9]

well yeah thats what im assuming!! Its taken a year to pay off £100. I think I mentioned before we initially paid the first bailiff £45.00. then since then have paid £25.00 a month to Rossendales. Rossendales have confirmed they have recieved over £300 from us but wont confirm exactley the amount and the council confirmed have only got £100 of this!!! I mean after a year paying we are still in as much debt as the original tax bill was for. I dont know but this seems like they have gone a little extreme with the charges. The council didn't seem that bothered.

 

Really like I said we have borrowed the money to pay off just need to know the right way to do it pay bailiffs or council. wait for the breakdown of fees from bailiffs or just pay it then argue fees if and when we recieve?!

 

Thanks guys for all you advice so far!

[chris600uk]

always pay the council unless you have no choice, never pay the bailiffs, and for gods sake challenge their fees in writing/email, with an email copy to the council tax office, the head of the council tax dept (separate email), your councillor and your MP.

 

Get as many people involved as you can

[sweetgem9]

thanks for your advice chris600uk.. my new worry is if we pay the council and then despute the fees with bailiffs can they still enter our house and take our stuff whilst the bailiffs fees are unpaid? is their wpa still valid if the council are satisfied that we have paid our debt to them. what rights have the bailiffs with regards to their outstanding fees because time is running out and I want to be fully equiped with knowledege of my rights when they come to my door!!

 

thanks

[chris600uk]

Well........that depends on whether the wpa is defective or not.

 

I think it is, because the bailiff appears to have levied upon exempt items, but you really need tomtubby's view.

[sweetgem9]

how can I contact tomtubby? I'm relativley new to this forum.. I just want to say I really appreciate all your advice though. I feel less scared to be in my home by the day!

[chris600uk]

You can't pm tomtubby, the site team have taken that facility away.

 

You could contact the commercial website by googling bailiff advice online.

 

Or you would wait for tt to pop by.

 

Either way, start reading other posts and learn from other peoples experiences.

[sweetgem9]

yeah thats more or less what I have spent the weekend doing and searching online etc! tomorrow is supposedly the day they return!

[pascha]

if it helps, go to IVA | Individual Voluntary Arrangements | IVAs | UK Debt and IVA Advice Help. That site tells you what bailiffs ccan and cant do ie entering your home AFTER they have already done so - They can break in to remove goods according to the site.On the left hand site scroll down to identify your problem, Coucil Tax and Bailiffs are on there.

[chris600uk]

Forcing re-entry.

 

Khazanchi v Faircharm Investments and McLeod v Butterwick , the ruling was that bailiffs may only force re-rentry where they are being deliberately excluded from the premises. It will then be necessary for the bailiff to give the debtor notice in advance of the date and time of the visit to remove goods.

Then if the debtor isn’t home, or refuses entry, they can use force to gain entry.