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I have read the posts on this forum about council tax baliffs...my heart goes out to you all and i would appreciate any help on the matter of baliffs from Rosendales..and I would especially like to know how you are all getting on with help about council tax.

If we had the money we would pay these Council taxes, but times are really hard and people are losing their homes and everything and are really struggling and these MP's have the cheek to claim expenses.

Anyways, i had the Baliff call today i have been paying weekly payments and he demanded £200 and let himself in my front door, and he would not leave he did finally leave by force. One good thing i will always in future lock the door.

Ive been paying money each week to Rosendales, and i sent letters to them saying im on hard times, but they did not reply but they did send this aggressive Baliff round.

I would just like to make a point,when you get a court summons it costs £60 but i would like to add, when you get to court you dont see a Magistrate you go before the counfi officer who you can see at the council offices to make arrangments to pay by instalments, if you get a obnoxious council officer like i have, he refuses each time and seemed delighted on informing me baliffs would attend to my outstanding balance. Anyways i just see this court summons as another con by the council in fasley getting more money out of us.

So, I would like any help on dealing with council tax and baliffs i have been paying each week but they are demanding £200 from me, which i cant afford.

I would be grateful for any help...ps the baliff said he is coming back next time with the police and a locksmith..

Thank you,

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AUDIT REQUIRED PLEASE Re: DON_DOMESTIC RATES

 

OUTSTANDING RATES £1,1,50. PASSED TO BRISTOW & SUITOR

 

Agreed with Council to pay £500 19/05/09 and £650 19/06/09, I didn't pay the payment due on 19/06/09 as my money due to me had been lost in bacs system, some £4,000 from a third party.

 

Bristow & Suitor turned up at my home, the debt is in my sole name, demanding £950 approx. i told them i had no immediate funds, they then marched into my rear garden and started to note down the garden furtniture. They took down the number of my car and again said they wanted immediate payment.

 

Their breakdown for their costs being

 

£ 24.50 1st Visit 22/04/09

£ 45.00 Levy

£280.00 Van Charge (£80 Van + £50 per half hour 1.5 Hrs)

£ 24.50 Redemption Costs

£ 39.02 Debit/Credit Card Costs

Plus the £650 debt !

Inventory handed to me AFTER I had paid them, with the statement saying I hereby confirm that this inventory is an accurate description of teh items which have been seized / removed by Bristow & Suitor and of their condition at the time of seizure /removal

 

Notice of Seizure handed to me AFTER i paid them

 

advice please with relevant authorities

 

How did they know the number of your vehicle?

 

Ive seen on some of the replies here not to pay to baliffs or solicitors, hold the money and or pay back to the council.

If we are not paying money in the first place, its because we have no money and times are bad for almost everyone,so if we find the money ie from friends we still owe that money,so how do they expect us to pay all in one go.

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Well I have just spoken to the council and was told AGAIN to phone the bailiffs and resolve it with them which I am not prepared to do. Phoned the county court and was told I could not speak to a court officer as I needed to ring the magistrates court to deal with my issue. The magistrates cort said it was nothing to do with them so gave me the county court number I had just rang and I was again told that they did not deal with such matters and told me to phone the council who again told me t5o ring the bailiffs!! ARGH what can I do??????? Its salford city council I am dealing with. 1hr+ of calls and no joy HELP PLEASE!!!

 

The court have nothing to do with council tax, as i mentioned before, the council send a summons to you costing YOU £60 when you arrive at court expecting to see a magistrate, you dont! the only person you see is a clerk from the council offices , and then he asks you to make arrangments to pay this council tax. you could have seen this clerk at the council offices, but this is just another attempt to get money from us..

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I also would like to say, i left the door unlocked and a baliff came in, he refused to leave and was very agressive,he then demanded £200 from me.

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All this talk aout the council taking back this debt from the baliffs is untrue they wont, ive just spoken to them, and they wont take the matter back from the baliffs, s far as i can see dont have a leg to stand on.

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at the end of the day you have money you owe...and thats it!..im truely fed up with the council.

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all the council care about is getting their money, nothing else...write all the letters you want contact all the MP's you want, but it wont get you anywhere..

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Pretty much what Hallowitch has already said. Although to add a bit extra, you can make an offer of payment directly to your Council and they are required by law to accept it. If they say you have to talk to the Bailiff's then they are talking utter rubbish. Another example of ill informed individuals thinking they know what they are talking about and trying to scare the little guy. (Amusingly I've had Virgin and Welcome Finance try that with me today lol)

 

Stick to your guns and tell the Council that you know that they are required to accept any offer you make to them and they can not refuse it. If they still get belligerent then demand to speak to a Superior. The points you have raised with Hallowitch has mentioned are extra ammunition you can use.

 

I have been onto the local council, about these agressive baliffs...and to take back this payment, they say its nothing to do with them anymore.its in the hands of the baliffs.

 

the baliffs are coming today with a van to take my posessions away.

 

no one has answered me about the taking of your vehicle, how can the baliff take away a vehicle, how do they know its yours!!!!

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Guest Happy Contrails

honeysuckle seeks

 

Start your own thread giving some more detail and I'll tell you what to do.

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The information is true Honeysuckle. Unfortunately what you are up against is ill informed Council Staff. If they refuse to take it you escalate it within their department and advised them that they as a Government department are required by LAW to accept all offers of payment. Even if you can only offer £1 a month, they are REQUIRED to accept it.

 

ive been to thr council offices again today, and they say its nothing to do with them, its in the hands of the baliffs, ive also been to the CAB who are not much help either. so really i feel, there is no help at all.

ive tried contacting rossendales by phone, but no sucess

 

i spoke with the person at the CAB office, apparently a lot of people complain about Rossendales..to me they are like the mafia and they are a law unto themselves, just like the council tax people.

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honeysuckle seeks

 

Start your own thread giving some more detail and I'll tell you what to do.

start my own thread?

i just find that there is no one to turn to.

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if we all had the money to pay these people, we would , we would not be in the mess we are..things are tight at the moment.surely these people must realise, or do they not have a heart/.

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Pretty much what Hallowitch has already said. Although to add a bit extra, you can make an offer of payment directly to your Council and they are required by law to accept it. If they say you have to talk to the Bailiff's then they are talking utter rubbish. Another example of ill informed individuals thinking they know what they are talking about and trying to scare the little guy. (Amusingly I've had Virgin and Welcome Finance try that with me today lol)

 

Stick to your guns and tell the Council that you know that they are required to accept any offer you make to them and they can not refuse it. If they still get belligerent then demand to speak to a Superior. The points you have raised with Hallowitch has mentioned are extra ammunition you can use.

i tell you now, the council wont take what you offer, ive been through that.

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Have merged your posts.This is your own thread.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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i tell you now, the council wont take what you offer, ive been through that.

 

Are you unemployed or on benefits? If you are the case shouldn't have gone to the bailiffs in the first place and the council should take back the account

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Guest Happy Contrails

honeysuckle weeks:

 

1. How much council tax does the council say you owe?

2. How much dis the bailiff tell you to pay including his fees? (and do you still have the bailiffs document)

3. Did you receive a Final Notice by post from the Council? yes/no

4. Did you receive a Liability Order by post from the Council? yes/no

 

..then I'll tell you what you can do. You may be surprised that you probably have plenty of recourse.

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Are you unemployed or on benefits? If you are the case shouldn't have gone to the bailiffs in the first place and the council should take back the account

 

 

im not unemployed or on benefits, maybe i should be?

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honeysuckle weeks:

 

1. How much council tax does the council say you owe?

2. How much dis the bailiff tell you to pay including his fees? (and do you still have the bailiffs document)

3. Did you receive a Final Notice by post from the Council? yes/no

4. Did you receive a Liability Order by post from the Council? yes/no

 

..then I'll tell you what you can do. You may be surprised that you probably have plenty of recourse.

 

i did another thread...

i think the council said i ower over £2,000

i will have to find the baliffs fees and get back to you

final notice yes

liability order no

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Guest Happy Contrails

Replies to your answers

 

1. I await the amount the council says you owe, a precise figure if you can.

2. I await your figures

3. Acknowledged, the council has complied with Regulation 33(1) of the Council Tax (Administration and Enforcement) Regulations 1992.

4. The council has probably failed to comply with Regulation 34(2) because it did not send you a summons to apppear before the court to answer why you have not paid. If this is true then you are not liable for any bailiffs fees.

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Replies to your answers

 

1. I await the amount the council says you owe, a precise figure if you can.

2. I await your figures

3. Acknowledged, the council has complied with Regulation 33(1) of the Council Tax (Administration and Enforcement) Regulations 1992.

4. The council has probably failed to comply with Regulation 34(2) because it did not send you a summons to apppear before the court to answer why you have not paid. If this is true then you are not liable for any bailiffs fees.

 

hi HC

costs outstanding £388.16

first visit fee 24.50

walkin possession £39

other £12

total £466.66

costs outstaning £1200.78

first visit £24.00

levy fee £61.00

walkin £12.00

total £1298.28

costs outstanding £35.25

first visit fee £24.50

levy fee £26.50

other £12.00

total £98.25

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Guest Happy Contrails

The only fee the bailiff can charge is £18+VAT. If you signed a walking possessions agreement then he is entitled to £10 +VAT. The legislation is the Council Tax (Administration and Enforcement) Regulations 1992.

 

All those other fees listed are not prescribed fees and the bailiff commits an offence under Section 2 of the Fraud Act 2006. In any event the bailiff's arithmetic does not add up correctly, and the words walkin possession is a grammatical error for Walking Possessions Agreement, we are dealing with a bailiff who is a fruit & nut case.

 

Now its time to put a rocket up the proverbial. You have a right to make an official complaint against the bailiff. Phone the bailiff on his mobile and tell him you are filing a Form 4 complaint against him for defrauding you with his fees. Ask him for the name of the court that issued his bailiffs certificate and quickly end the call. If the bailiff refuses to disclose it then phone the Ministry of Justice Public Register of Bailiffs on 020 3334 6355 and ask which court issued his certificate. Download the complaint form to make an official complaint against the bailiff http://www.hmcourts-service.gov.uk/courtfinder/forms/form4_0606.pdf and send the form to the certificating court enclosing supporting evidence such as the bailiffs document showing the bailiffs fees he is trying to charge and any amounts paid.

 

And send this to the bailiff's head office by post and by email

 

The Omnipotent Bailiff Co, Plc

Their Address 1

Their Address 2

Their Address 3

Postcode

 

BY POST AND BY EMAIL

 

DATE

 

Dear Sir/Madam

 

Re: [YOUR NAME + REF]: Your fees.

 

I write following visits by your bailiff however there appears to an irregularity with your fees and I am writing to ask you to provide me the following within seven (7) days:

 

1) The name of the court that issued the certificate for the bailiff in charge

 

2) Written confirmation of a) your fees, and b) the original debt

 

3) The name and address of the organisation that instructed you

 

4) a) Truthfully confirm in writing your fees are lawful and comply with legislation or b) refund me the unlawful fees plus reasonable compensation for being cheated by your certificated bailiff with his fees by midday the seventh day from the date of this letter.

 

A bailiff or any other person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006. Section 2 of the Act specifically describes a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss therefore, if no satisfactory refund is made to me by 12.00 midday seven (7) days from the date of this letter I will automatically file a complaint to police under the 2006 Fraud Act and the Proceeds of Crime Act 2002. If you have charged VAT on unlawful fees then you may be reported for VAT fraud and your documents will be given in evidence. If your bailiff is certificated, a Form 4 will be filed.

 

This letter is delivered by Royal Mail and deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It now is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

 

Yours Sincerely

 

YOUR NAME

 

 

You can ask the council to take the case back to council administration and pay just the outstanding council tax.

 

Council Tax (Enforcements) Department

Invincible Borough Council

Address 1

Address 2

Address 3

Postcode

 

[DATE]

 

Dear Sir/Madam

 

Re: [YOUR NAME & ANY REF]: Visit by your bailiff on [DATE]

 

I have had an opportunity to seek advice and I write on the understanding that case law has ruled an authority is liable for its bailiffs.

 

On [DATE] I was visited by your bailiff collecting unpaid council tax. We were unable to reach an amicable resolve and the bailiff showed threatening behaviour and became defensive and vexatious in nature. He made unrealistic demands of money which are way beyond my means and has been caught cheating with his fees by charging unlawful amounts contrary to regulations.

 

I now ask the Council to:

 

a) Take the case back from the bailiff.

b) Accept my original offer to pay £[AMOUNT] a week to clear the arrears

c) Pay me a reasonable compensation for my inconvenience and for my efforts in seeking discovery of information and

d) Receiving an over-zealous bailiff acting for you making unrealistic demands of money and defrauding me with his fees.

 

If you fail to satisfactorily complete the above I will automatically escalate the complaint to the local government ombudsman in fourteen days from the date of this letter. Please treat this letter as Stage 1.

 

Due to my circumstances I am unable to pay the debt as demanded by the bailiffs and I will make payment of £[AMOUNT] each month for [NUMBER OF] monthly installments with a final installment of £[AMOUNT]. This may seem a long time but it's all I can afford and allows me to pay future liabilities without falling into arrears. I confirm I am not refusing to pay this debt.

 

This letter is delivered by Royal Mail and deem properly served on you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It is now your responsibility and in your own interests this letter is handed to the relevant person within your organisation.

 

Yours Sincerely

 

[NAME]

Enc 1st payment.

 

If you fancy making lots of noise then you can make a complaint to police and have the criminal aspect of the case investigated.

 

The Chief Constable

Name of Police Authority

Address 1

Address 2

Address 3

Postcode

 

DATE

 

Dear Sir/Madam

 

Re: Reporting a crime committed under the Fraud Act 2006

 

I enclose a document given to me by a man saying he is a bailiff firm [and made a threat of intending to force entry my property without a warrant to commit breaking and entering and take goods unless I pay him £AMOUNT]. His is charging me fees of £AMOUNT when legislation says the maximum fee is £AMOUNT.

 

I write to you understanding the bailiff commits an offence under the 2006 Fraud Act. A bailiff or any other person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006. Section 1 of the 2006 Act contains the new general offence of fraud.

 

Section 1 means by which this offence can be committed is set out in Section 2, on fraud by false representation. This section applies where a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss. It is also possible that, where a bailiff repeatedly charges for work that has not been done, this conduct will amount to fraudulent trading either under Section 9 of the 2006 Act or under the provisions on fraudulent trading in company legislation.

 

I take this opportunity to bring to your attention to Lord Lucas sitting at the House of Lords on 20 April 2007 when he asked HM Government whether it would be right for the police to claim that such an action is a civil and not a criminal matter. The Minister of State, Home Office (Baroness Scotland of Asthal) replied with, inter-alia (quote) A bailiff or any other person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006(unquote).

 

Please assign a crime reference number and I ask the police this crime is investigated professionally and objectively and I am happy to help you in your enquiries and stand as a prosecution witness at trial.

 

Yours Sincerely

 

 

 

YOUR NAME

Enc: copy of document

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thank you very much happy for your information

i have nt written any letters, as i dont feel confident enough.

im still getting the baliffs visiting me and now phonning me, but i ignore them.

ive decided not to pay them anymore, and just pay direct to the council

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honeysuckle don't give with the help of people on here your confidence will grow and you WILL be able to deal with this

you have 3 debts with the bailiffs i notice you say they were in your house did they leave a NOTICE OF SEIZURE OF GOODS AND INVENTORY

did they deal with the 3 debts on the same day

if they have left this notice of seizure then because you are not paying the bailiff they CAN at the very least add van charges this could add approx £150 or more to each debt or at WORST remove goods on the notice of seizure

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