Rossendales Have No Signed Walking Agreement but charged me for a van today

[andie_303]

Council Tax

 

Bailiffs collecting Council Tax are not allowed to charge you for letters, but they can charge for 2 visits (£24.50 for the first, and £18.00 for the second). They can't charge you for any more than two visits (unless you owe Council tax for more than one year, then they can charge you for two visits per year). If they take your stuff, they can also make a 'levy charge' for their time and effort. The amount depends on the size of your debt: the more you owe, the higher the charge. The rules are complicated - but as a rough guide, if you owe less than £100 its £24.50, if you owe £500 its £40.50, if you owe £2000 it's £78.

They can also charge £12 for making a Walking Possession Agreement and, if you have not kept to the agreement, they can charge you for hiring a van to take your belongings away. This must be in line with normal van hire rates. Bailiffs cannot bring a van to your home and try to charge you for it before they get a 'walking possession agreement' - although many dodgy bailiffs will try this.

They can also charge ' reasonable costs' for selling your stuff.

If they have taken your stuff away, but don't sell it (because you have since paid up) they can charge you either £24.50 or up to 5% of the total they were collecting, whichever is the largest. If they never removed your stuff they cannot charge you this fee - although this is also something dodgy firms will try.

Be suspicious of anything not mentioned here - in particular anything called an 'enforcement' fee. If they do charge you more, get help from an advice centre

 

This is off the direct gov website - probably just wait to see what the council says frist though.

[chris600uk]

And if you are unfortunate enough to have stuff taken away you can apply to the court for a "detailed assessment" if you have very good reason to believe that the bailiff charges are excessive

[Guest BiG SiD]

Despite being told that I was talking 'rubbish' last night and actually accused of being 'intent on antagonising instead of helping...' when I was simply correctly stating facts and being shot down in flames for doing so! - still it was nice to read your apologies this morning.... But hey I guess that would be asking too much!... haha.

 

I'm sorry if my style is not littered with the usual array "oh that's crap, they can't do this, they can't do that... blah blah" or cut & pastes from some half-baked mis-informed website - but that's not me - if someone asks a question I will do my best to answer it correctly and fairly. Too many people seem intent on passing off their opinions as almost Law, when quite clearly they have little knowledge of what they are talking about - which is a dangerous thing to do (in my opinion) especially when someone else reading it, could be taking their word as gospel, and so risking their money, assets etc in doing so.

 

Anyway Lindsay, I do hope that you do get sorted and are able to recover any fees that you feel you were unjustly charged.

 

All the best

[andie_303]

believe me big sid - i've read you're posts on other threads and last night I firmly believe you were antagonising you started side bar arguements with others instead of doing what the majority of people on here do and that is help.

 

the thing is the website is all about opinions - noone has ever claimed to be legal trained (unless they really are) and infact most people go out of their way to say that this is 'their opinions'

Everyone is entitled to their opinion and I have certainly have never said you weren't so quite frankly I have nothing to apologise for....and surely you then reposting back on an OP's thread looking for apologies, I would ask you to explain how that is not antagonising but the facts of it is, is that i'm not gonna waste my time or this thread arguing with you.

 

You made you point, and expressed your opinion, now i've made mine - case donoe

[Mightyacorn]

Link to Reg 45 (2) of the Council Tax (Administation & Enforcement) Regs 1992

 

The Council Tax (Administration and Enforcement) Regulations 1992

[Mightyacorn]

You might also find this very useful:-

http://www.adviceguide.org.uk/index/d_bailiffs.pdf

[lindsayjane1]

Hi

Well I went to the council yesterday, the lady told me the council dont employ bailiffs its the court, and there is no way they have access to anything on there computer, all she could see was payments made by the bailiffs to them, But not the £130 was still not showing, I told her they will have to pursue for that because as far as im concerened the debt is paid

Going to write to them both now so they got it in writing aswell

thx

[scatz1972]

Hi

Well I went to the council yesterday, the lady told me the council dont employ bailiffs its the court, and there is no way they have access to anything on there computer, all she could see was payments made by the bailiffs to them, But not the £130 was still not showing, I told her they will have to pursue for that because as far as im concerened the debt is paid

Going to write to them both now so they got it in writing aswell

thx

 

 

Most councils dont employ bailiffs they usually give the contract to an outside bailiff company, but the bailiffs are acting as agents for the council, so they still are responsible for their actions.

 

Send the letters and keep everything in writing, conversations get forgotten or denied recorded letters cant.

[hallowitch]

lindsayjane1 i must apologise to you for letting big Sid wined me up on your post which did nothing to help your situation

the bailiffs did much the same to my daughter add van charges before they came to her house (she did get the charges removed)

I'm am sorry he must hut a raw nerve

unlawful inflated charges can have a divesting effect on family finances and i did let him get to me

Edited March 11, 2009 by hallowitch
spelling

[Mightyacorn]

Council Tax must be the only transaction, where you pay for something in advance, but if you don't pay it, they can take you to Court etc. even before you've actually received what it is you're paying for.

Tax is due in April, for the coming year, but if you've not paid by June you could have a bailiff stood on your door with a warrant for the full twelve months money, despite the fact that you've only had three months service.

 

Just spoken to my Local Council Tax Office, regarding an outstanding Councl Tax debt, and I happened to drop in the name of Rossendale's. The young lady I was talking to told me that there were some rumblings within her office regarding them overcharging whilst collecting Council debts, so Councils are aware of the problems with said DCA

[Guest BiG SiD]

What is this 'Have a Go a Me Week"!!???

lindsayjane1 i must apologise to you for letting big Sid wined me up on your post which did nothing to help your situation

the bailiffs did much the same to my daughter add van charges before they came to her house (she did get the charges removed)

I'm am sorry he must hut a raw nerve

actually if you read back through the postings - you initially got mixed up with parking regulations:

if they haven't been in your house they cant charge you for a van they can only charge you for 2 letters

im no expert but this is what ive been told

and quoted incorrect fees which could be charged. Lindsay herself seemed confused as if any levy had taken place:

ok so why do they bring a van if they havent got a list of items to take

I correctly realised due to the fees charged and situation as described that a levy had indeed been made. Which this lady then confirmed as correct:

He levied on my partners car on his visit (which isnt on my property anymore) not levied on anything inside,

They wont get in my house until the police come and allow it

I pointed out that a lawful levy of distress will have been deemed to have been made, resulting in the Van Fee - as was clearly the case! and get slated by people who clearly have little or no working knowledge of Distress in practice - intent on insisting:

a bailiff cannot remove goods without a walking possession order and to get a walking possession order he must gain peaceful entry into your home

Big Sid - I think you're wrong they cannot take goods without a WPA.

Lindsay - don't bother getting into the debate with him clearly he is set in his ways and seems intent on antagonising instead of helping......

you were antagonising you started side bar arguements

To be honest, I don't even know what a "side bar argument" is - is it in the system tray? - sorry I'm not a computer person lol:)

 

As I say I'm sorry if I have offended people by correcting their factually incorrect views of Distress. If someone asks a question, I will endeavour to answer it correctly and fairly. I take offence to being told that I am somehow not helping this person, by other posters who are offering false advice and reassurances that in Law are simply not there. It is very easy for people in the comforts of their own home dishing out opinions to "do this and do that..." when its NOT their livelihoods, money and goods at risk. If people think it somehow helps to offer legally incorrectly advice to someone in peril, then so be it.:-|

 

Rogue bailiffs are the **** of the earth, believe me. Any unlawful charges should be recovered by the debtor, no question. But to slate someone for pointing out what is simply correct is plain ridiculous.

 

Read back though the posts! Read my other posts. I may be blunt, but not correct?

[andie_303]

the thing is the website is all about opinions - noone has ever claimed to be legal trained (unless they really are) and infact most people go out of their way to say that this is 'their opinions'

Everyone is entitled to their opinion and I have certainly have never said you weren't so quite frankly I have nothing to apologise for....and surely you then reposting back on an OP's thread looking for apologies, I would ask you to explain how that is not antagonising but the facts of it is, is that i'm not gonna waste my time or this thread arguing with you.

 

You made you point, and expressed your opinion, now i've made mine - case done

 

 

as you clearly just like to copy and paste the bits you want - perhaps you will read what I said above - as I previously said I am not gonna apologise as I have nothing to apologise for and your little pity party you are having trying to get me to bow down to your 'superior' knowledge is not gonna happen. So perhaps you should just accept that and move on - and stop wasting this OP's thread. Again and the last time all points expressed case DONE!

[andie_303]

and with regards to my quotes you posted above you will see i said 'think' - so perhaps you should jump of your soap box.

 

Thats it sorry Lindsay - won't post about this any more as like I said i don't wanna waste your thread.

[chris600uk]

I think you're being a bit harsh on Sid, although under the kind of pressure that these situations create it's hardly surprising.

 

In my view the fact that he's taking part on this website at all points to a desire to help.

 

We all say things a little less kindly than we could, and I'm no exception - I'm painfully aware of the effect on one poster (and the flames from others) when I said she should leave her partner!

 

I still hope she did, but I wish I hadn't said it! :o

 

 

There's a moral in there somewhere........

[andie_303]

Chris - totally agree if I have said something out of line I would be the first to apologise but the thing is look through my posts - the only direct contact I had before he started asking for apologies was a post where I said 'I think you're wrong' - I didn't say he was.

 

Then posts start coming asking for an apology that I do not think is justified because I truely do not feel like I have said anything that needs apologising for.

 

Thats all i've been trying to get across.

 

Sorry lindsay, absolutely last post off topic

[caro]

I've just noticed this thread, and would request that people just stick to the advice and support of the OP. If you disagree with another poster, please say why, just sticking to the facts , so that the OP can make their own informed decision.

 

Please use the red triangle to report any posts which are outside the forum rules so that the site team can take a look and decide if any action is required.

[Arrogant Duck]

I feel inclined to disagree with every single post by Big Sid. Sounds like a load of nonsense.

 

Rossendales seem to have a nasty habit of dreaming up fraudulent charges!

Edited October 12, 2010 by Arrogant Duck