Rossendales refusing payment

[Shineyangel]

I realise reading through this that people have experience of dealing withtRossendales and I was wondering if there's anyone who can offer me any advice - as I have phoned CAB but they can't offer me an appointment for another week and can't guarantee that I can be seen at the drop in in time.

 

Basically there was a problem with my claim for council tax benefit (single parent on income support) which I stupidly didn't know about until I got a letter from the council when it went through, saying that I still owed £285 which was under 'recovery action'. I've never dealt with anything like this before, so I phoned them and asked how they would like me to pay it. They told me that it was with Rossendales and that I would need to call them. I couldn't at that time as my daughter (nearly 2) fell over and banged her head which resulted in a trip to the dr's... anyway.. the next day just as I'd gotten her to go for a nap, the doorbell rings. My daughter starts screaming as it made her jump, and in trying to comfort her and find the key, by the time I get to the door he has gone and posteda letter the door, saying he had come with the intention of seizing goods, it was a template letter, saying I owed £306 plus costs. From reading this that sounds about right for the amount including costs, not plus costs?. Can I argue the charge though for a second visit as I shouted through the window 'just coming' and he knew I was there (I had no idea who he was at the time).

 

I did some research on my rights (probably a good job I didn't get to the door the first time!), and in all honesty, what I found about them scared the *** out of me. I eventually got the courage 2days later to phone their offices and offer a payment of £20 next week, and then £80 a month thereafter. They refused to accept an offer and told me I had to ring the bailiff in charge. I did this straight away before I chickened out and left it, and ended up having to leave a message on his phone. I left a message with the offer... this morning he turned up at the door, I recognized straight away who it was, and told my daughter to go play outside with her dad who had come to see her. I asked him if he got my message to which he replied no. So I made the offer again, and he explained to me that he'd not come to take anything today but that he needed to come in make a list of my things. I said to him, very politely and calmly, 'Im sorry but I don't want to let you in', to which he told me he couldn't accept my offer for payment unless I let him in.

 

I told him if he was refusing my payment then I would go straight to the council and offer it to them, and got the reply that they would just refer me back to him. Is that right? To me it is a very reasonable offer as I just don't want some of the nightmare situations I've read about when other people have been dealing with this. I refused to let him in when he asked the second time, and he told me it was with the courts and I had five days till he came back, gave me some paper work and walked away. What do I have five days for, does he think I will let him in in 5 days time? lol. Although in the paperwork he gave me a WPO form?! Which I'm not touching... some giros to pay, and a form to fill out if I want to pay by installments.

 

Should I fill the forms out apart from that one I'm not touching? There is also one for income/expenditure. Do they really need my NI number and DOB? They also want a copy of my rent agreement? I'm actually scared of what to do when he comes back. He has never set foot in the flat so I know he can't break in or anything like that, and if I have it my way, he never will. Should I even answer the door? If I do I think the safety catch will stay on. There's nothing here thats worth anything anyway. Most of it is borrowed from my mum/gran, on hire purchase, or is childrens items (cot, toys etc) even the washing machine is broken and the cooker belongs to the housing association I rent from so there really isn't much apart from the pc which is very old anyway.

 

I'm still appealing against the councils decision for not backdating the claim for the council tax benefit anyway and I made him aware that the amount is in dispute with the council.

 

Any advice would be really appreciated.

[hallowitch]

hi

 

do not let him in under any circumstances this will increase your debt

write to the council make an official complaint that there is an appeal in process and it should never have been sent to bailiffs as you have not had any result regarding this appeal tell the council that you are a single parent on benefits and therefore come under the national standard for enforcement agents as a vulnerable person don't let the council fob you off with nothing to do with them the council are responsible for all bailiffs actions as the work for the council as there agents query the amount that the bailiff say you owe the bailiff has added £21 to this account therefore it is not a visit fee 1st visit fee is £24.50 2nd visit fee £ 18

 

send this by e-mail today then follow it up with a letter sent recorded deliver or hand it in get a receipt

[FairPlay77]

I realise reading through this that people have experience of dealing withtRossendales and I was wondering if there's anyone who can offer me any advice - as I have phoned CAB but they can't offer me an appointment for another week and can't guarantee that I can be seen at the drop in in time.

 

Basically there was a problem with my claim for council tax benefit (single parent on income support) which I stupidly didn't know about until I got a letter from the council when it went through, saying that I still owed £285 which was under 'recovery action'. I've never dealt with anything like this before, so I phoned them and asked how they would like me to pay it. They told me that it was with Rossendales and that I would need to call them. I couldn't at that time as my daughter (nearly 2) fell over and banged her head which resulted in a trip to the dr's... anyway.. the next day just as I'd gotten her to go for a nap, the doorbell rings. My daughter starts screaming as it made her jump, and in trying to comfort her and find the key, by the time I get to the door he has gone and posteda letter the door, saying he had come with the intention of seizing goods, it was a template letter, saying I owed £306 plus costs. From reading this that sounds about right for the amount including costs, not plus costs?. Can I argue the charge though for a second visit as I shouted through the window 'just coming' and he knew I was there (I had no idea who he was at the time).

 

I did some research on my rights (probably a good job I didn't get to the door the first time!), and in all honesty, what I found about them scared the *** out of me. I eventually got the courage 2days later to phone their offices and offer a payment of £20 next week, and then £80 a month thereafter. They refused to accept an offer and told me I had to ring the bailiff in charge. I did this straight away before I chickened out and left it, and ended up having to leave a message on his phone. I left a message with the offer... this morning he turned up at the door, I recognized straight away who it was, and told my daughter to go play outside with her dad who had come to see her. I asked him if he got my message to which he replied no. So I made the offer again, and he explained to me that he'd not come to take anything today but that he needed to come in make a list of my things. I said to him, very politely and calmly, 'Im sorry but I don't want to let you in', to which he told me he couldn't accept my offer for payment unless I let him in.

 

I told him if he was refusing my payment then I would go straight to the council and offer it to them, and got the reply that they would just refer me back to him. Is that right? To me it is a very reasonable offer as I just don't want some of the nightmare situations I've read about when other people have been dealing with this. I refused to let him in when he asked the second time, and he told me it was with the courts and I had five days till he came back, gave me some paper work and walked away. What do I have five days for, does he think I will let him in in 5 days time? lol. Although in the paperwork he gave me a WPO form?! Which I'm not touching... some giros to pay, and a form to fill out if I want to pay by installments.

 

Should I fill the forms out apart from that one I'm not touching? There is also one for income/expenditure. Do they really need my NI number and DOB? They also want a copy of my rent agreement? I'm actually scared of what to do when he comes back. He has never set foot in the flat so I know he can't break in or anything like that, and if I have it my way, he never will. Should I even answer the door? If I do I think the safety catch will stay on. There's nothing here thats worth anything anyway. Most of it is borrowed from my mum/gran, on hire purchase, or is childrens items (cot, toys etc) even the washing machine is broken and the cooker belongs to the housing association I rent from so there really isn't much apart from the pc which is very old anyway.

 

I'm still appealing against the councils decision for not backdating the claim for the council tax benefit anyway and I made him aware that the amount is in dispute with the council.

 

Any advice would be really appreciated.

 

YOU do not have to deal with the bailiffs.

 

1. You are officially classed as vulnerable as you are on income support.

That means that the council should not have given the case to Rosendales in the first place and that they should take it back. TELL this to the council and don't take no for an answer. If necessary, get your local councillor involved.

 

2. Please remember that the bailiffs are POWERLESS. They are not some sort of 'authority' with a hold over you. They can't give you orders, telling you that you 'have to' do this, that or the other, and they cannot make you send them infomation about your income. In fact, they cannot 'make' you do anything! If you do not let them in, and do not leave a door or window open through which they can gain entry, there is nothing they can do.

 

3. DO NOT pay the bailiffs anything. ONLY pay the council. They cannot stop you paying them through their automated system (you can do this by standing order, but do not pay by direct debit as in that case they can change the amount taken).

 

4. DO NOT have any further dealings with the bailiffs and, please, NEVER open the door to them, or to anyone else who you think might be a bailiff. If they ring you, put the phone down immediately, and do not reply to any of their correspondence.

 

 

Hope this helps. Please come back to this site if you need more help.

[Shineyangel]

Just wanted to say thank you for your quick replies.

 

I will not be letting them in and have decided that CAB are useless on this matter. I just got a call back from them, and was advised, that as I actually have nothing of value, that it won't do any harm if I let them in? I was also advised that as I refused to co-operate with the bailiff that the matter will now go to court,and I should have dates of the reasons for the council tax debt and proof of the trouble I had claiming the council tax benefit.

 

I think I actually want to cry, especially as I have a letter from BT and one from E-on just come through the door... lol.

 

Is there any thing I can quote about vunerable persons in the e-mail/letter with the council? Does that apply for all debt? As I have another letter threatening bailiff action for a 'non-priority' debt (for a whole £35 mobile phone bill).

[hallowitch]

national standards for enforcement agents

vulnerable person

single parent family on benefits

[hallowitch]

As I have another letter threatening bailiff action for a 'non-priority' debt (for a whole £35 mobile phone bill).

 

think I actually want to cry, especially as I have a letter from BT and one from E-on just come through the door... lol.

 

not worth crying over

 

don't worry about this post in debt section plenty help there

 

do not let the bailiff in you will only get taken back to court if you refuse to pay your council tax not if you refuse to pay the bailiff you are not refusing to pay

[spamheed]

With regard to the Council tax, you should contact the enoforcement office and inform them that you are classed as a "vulnerable person" and the council should take the debt back. If you are able to, also put it in writing and take it with you. Don't rely on the telephone - it doesn't seem to be as effective. Once the council has taken the debt back, they will enter into a realistic repayment plan

 

 

 

The standard rules to follow until this is resolved are:

All doors and windows closed and locked

Nothing left in the garden or on your property

Park your car away from your house if possible

Keep everything in writing

Don't believe a word the bailiff says

 

They do not have to come into your house - this would be a mistake

They have no right to dictate anything, they work for the council - nothing more

 

Once you are aware of your rights, a bailiff is little more than a man or woman making unreasonable demands, they will not accept your offer, no matter how reasonable you may believe it to be. They are give a set amount of time by the council (normally 3-6mths) and will attempt to clear the debt and their fees within that timescale.

[FairPlay77]

Just wanted to say thank you for your quick replies.

 

I will not be letting them in and have decided that CAB are useless on this matter. I just got a call back from them, and was advised, that as I actually have nothing of value, that it won't do any harm if I let them in? I was also advised that as I refused to co-operate with the bailiff that the matter will now go to court,and I should have dates of the reasons for the council tax debt and proof of the trouble I had claiming the council tax benefit.

 

I think I actually want to cry, especially as I have a letter from BT and one from E-on just come through the door... lol.

 

Is there any thing I can quote about vunerable persons in the e-mail/letter with the council? Does that apply for all debt? As I have another letter threatening bailiff action for a 'non-priority' debt (for a whole £35 mobile phone bill).

 

YOU will not be taken to court just because you refuse, as is your legal right, to deal with the bailiffs. Because you are classed as 'vulnerable' the council have no grounds for refusing to take back your debt.

 

When they ask you about your income, do not let them bully you into agreeing to pay more than you can afford. If necessary, enlist the help of your local councillor.