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mrkennedy

Urgent Help Re: Rosendales Threatening to levy goods 2moz

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Hiya

 

I have been reading through alot of posts since last night but thought the best thing to do is to post a thread.

 

I am in need of some urgent advice.

 

I/we have had council tax trouble for years and owe Gedling Borough Council a considerable amounts.

 

I know you guys wont judge for the amounts I have. We all have reasons for falling behind. Mainly due to hubbies ill health over the last 2 yrs and not being able to get any help from the goverment.

 

Rosendales over the last yr and half have been chasing us.

 

Now I have actually paid off 2 debts to them (one for nearly £1400 and one for just over £900 and entered into agreements with them which I kept up for a short time before falling into hardship.

 

I am not on any benefits other than child tax and working family tax credits. I have 3 children in the house aged 9, 6 and 2.

 

I have 4 outstanding debts with them now first for £537.84 (which was orig £164 ) £1216.32 not sure on orig amount £1092.04 (again not sure on orig amount) and the last one for £908.88

 

Now only the £537.84 has a walk possession on it and Im pretty sure one of the above debts does not belong to us as we only lived at one house for 2 council taxes.

The one with the walking possession on it - well the first man who came into the property (diff to the bailiff calling now) listed my neighbours car as its parked on my drive way. I expalined this to him but he wouldn't have it .. I was on my own with the children at the time in the house and he ecame quiet aggressive and basically I felt forced to sign , he also took debit card payment of £50 ... I didnt know about this group untill yesterday ... I wish I had known before and from my prev experince I had found rossendales to be good with us .. gving us time etc !

 

Well recently the ailiff with the van came round about a £1500 debt (not one mentioned above) but we were out . Also pushed through the door was 3 of the above but not the one with the walking possession order on . My husband called the bailiff and he gave us 2 weeks to find the money and told my husband he would be out the country so to fone the office with payment.( i have noticed him spilling alot of lies to customers n teh fone ie im moving away and stuff) Well we couldnt find the money and foolishly ignored it and heard no more ... we still havent ?! Perhaps this one was sent back to the council ? He did say if we could pay that debt he would stack the others for us and we pay £150 a month for them all. ( this is still a struggle with just one of us working and having some rent arrears - private landlord)

 

Then last week we get the lovley 4 white letters passed through saying you need to pay within 24 hrs with a note scribbled on the bottom saying ring imediatley you did not pay when promised. The £1500 was not there but now one for £462 was (which is now £537) .

 

Now I just cant deal with money issues ... i have severe post natal depression 6 yrs ago which lasted for 3 yrs and was finally discahrged as ''mentally'' well after the birth of my 3rd child. But since all the physc sessions etc and that i jsut cant deal with confrontation.... its taken me an hr to post this.

 

So I pass this on to my husband and ask him to sort it, but he didnt ! He says they are jsut empty threats and he wont be back etc ....

 

Then yesterday ... I was in but no one rang the door bell etc. Doors and windows were shut as were my blinds like i do every afternoon wen my son goes for a nap.

ANy ways he pushed 4 white letters through this time they read different and in bold it says

 

I MUST NOW GIVE YOU 24 HRS STATUTORY NOTICE OF MY INTENTIONS TO RECALL AND REMOVE YOUR EFFECTS, SUFFICIENT TO SATISFY THE DEBT AND COSTS

 

Scrawled on the bottom again is

 

YOU HAVE NOT RANG AND PAID AS DISCUSSED REMOVALS WED 15TH. NO FURTHER TIME OR CHANCES. WE HAVE A SIGNED WALKING POSSESSION.

 

Now Im in absoloute panic, my husband was at work till 10 i called him crying.

 

Im not sure what we are supposed to do .

 

There is only 1 walking possension out I am pretty sure of it as he only added costs to the £160 debt which is no £537.54 ... the 3 others have remained the same since the last visit.

 

The bailiff who is calling has only been in my house twice ... last May (2008 which he came to collect payment and arrange a stack.

 

I am so scared and dont know wot to do .. i have read thru so much advice . I have a template i found that i think may help but not sure ... should i fax this to rossendales questioning thier charges to try and halt things and ring the council.

 

There is a possibilty i could get this money for the smaller one but not till end of next week from a family memeber but they are on thier hols untill sunday.

 

What should I do with regards to my neighbours car ? He has been rang once about it but we presumed a while ago it was to do with a previous owners unpaid parking ticket we keep getting letters for.

 

I havent got that much in the house if I am honest there is a £400 tv and my daughters cheap desk top (which i am on now) and a portable tv in my room and a £13 dvd player. There are also some collectable figures worth around £10 each.

 

WHat else can they take ... sofas ... dining room table... washer ?? We rent so the cooker is not ours and is built in ... theres no garden furniture jsut childrens toys outside .. the tv the children have is on loan from the grandparents.

 

The children have a ds each .

 

Pls help as a matter fo urgency .. my daughter is supposed to be having her birthday tea 2morrow nite ... yes u guess it its her birthday .. i havent even got her a presrnt yet as i havent got much money this week due to tax credits cutting us right down. Im lucky she is a wnderfull child and accepted to wait till the end of the month for her present.

 

Im sat here in tears. Pls help.

Edited by mrkennedy

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Ps. Wot should i write to the council ?! We want to pay money back to the and have paid over £2000 off to them in the last yr im sure it showsa willing?

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is the walking possession agreement for the neighbours car the only W P A that they have (they have never actually been in your house)

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is the walking possession agreement for the neighbours car the only W P A that they have (they have never actually been in your house)

 

Hi they have been in my house yes wen he came in the neighbours car was already written on the WPA and then he listed my tvs and dvd player and sofa.

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this is very serious the bailiff can/and will remove these goods because you have missed payments on this agreement

 

you must phone the council ask to speak to someone who is familiar with the council tax administration and enforcement regulations 1992

explain to them that you were bullied into signing this agreement and that the bailiff would not listen to you when you told him it was not your car

tell them that he has levied on your sofa and that government guide lines say that he cannot levy on this item tell them the bailiff is coming tomorrow to remove these good tell the council if the bailiff had done a D V L A check he would know that the car does not belong to you

 

also ask how many liability orders the council have for you the years they cover the address the are for and the amount each is for

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is the walking possession agreement on one of the debts you have already paid off

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Thanks am on the phone to them now .. they told me to phone rossendales so i said well i have been advised to call u ..am on hold now ....

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no the wpa is on the amount of 537.84 .. so far i have only payed £50 off . he wanted £100 at the time (first bailiff not the van driver ailiff) ut i didnt have it.

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remember the council are responsible for all bailiffs actions as the work for the council as there agents when collecting council tax write down years and amounts owed to them

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council calling bailiffs calling me back after one as have to take son to dr !

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160 debt which is no £537.54 this is also wrong the bailiff has added £ 377.54 on £160 debt

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160 debt which is no £537.54 this is also wrong the bailiff has added £ 377.54 on £160 debt

 

 

Thats what i thought .. i can pay the £160 a week on wed .... but not this week :(

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Ps ... just realised i never said thanku ... so a big thank u for ur help .. i have to take my son for a dr appt shortly but will let u know when i hear back from the council this afternoon.

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you must get your facts correct before you challenge the bailiffs fees

as i said you need to find out from the council

how many liability orders have been passed to the bailiff and how much they each was for

then you must get a break down of charges from the bailiff for each liability order

however at the moment stopping the bailiff coming tomorrow is the most important thing once that is done we can tackle the rest

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you must get your facts correct before you challenge the bailiffs fees

as i said you need to find out from the council

how many liability orders have been passed to the bailiff and how much they each was for

then you must get a break down of charges from the bailiff for each liability order

however at the moment stopping the bailiff coming tomorrow is the most important thing once that is done we can tackle the rest

 

hiya, sorry not long back in from the Gp's ... am waiting for the council to call me back will give them till half 2 then call my self as i told them i would be out till 1 - 1:30 !

I will get all the info needed from them when they call, thanks for the advice.

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this walking possession agreement is unlawful reason for this is

1) car does not belong to you

2) the bailiff has levied on a sofa

this list is from the department of constitutional affairs

The following articles belonging to a debtor shall be exempt from distress if they are at the time of the distress in a dwellinghouse and are reasonably required for the use in the dwellinghouse of the person residing there or a member of the household-

a) beds or bedding;

b) household linen;

c) chairs or settees;

d) tables;

e) food;

f) lights or light fittings;

g) heating appliances;

h) curtains;

i) floor coverings;

j) furniture, equipment or utensils used for cooking storing or eating food;

k) refrigerators;

l) articles used for cleaning, mending, or pressing clothes;

m) articles used for cleaning the dwellinghouse;

n) furniture used for storing-

(i) clothing, bedding or household linen;

(ii) articles used for cleaning the dwellinghouse; or

(iii) utensils used for cooking or eating food;

 

o) articles used for safety in the dwellinghouse or of household articles.

 

3) The Lord Chancellor may by regulations add to the list set out in subsection (2) above, or delete or vary any of the items contained in that list.

 

do you know the value approx of the neighbours car

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Hallowitch, do you have a link to the "department of constitutional affairs " bit you refer too?


I don't always believe what I say, I'm just playing Devils Advocate

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this walking possession agreement is unlawful reason for this is

1) car does not belong to you

2) the bailiff has levied on a sofa

this list is from the department of constitutional affairs

The following articles belonging to a debtor shall be exempt from distress if they are at the time of the distress in a dwellinghouse and are reasonably required for the use in the dwellinghouse of the person residing there or a member of the household-

a) beds or bedding;

b) household linen;

c) chairs or settees;

d) tables;

e) food;

f) lights or light fittings;

g) heating appliances;

h) curtains;

i) floor coverings;

j) furniture, equipment or utensils used for cooking storing or eating food;

k) refrigerators;

l) articles used for cleaning, mending, or pressing clothes;

m) articles used for cleaning the dwellinghouse;

n) furniture used for storing-

(i) clothing, bedding or household linen;

(ii) articles used for cleaning the dwellinghouse; or

(iii) utensils used for cooking or eating food;

 

o) articles used for safety in the dwellinghouse or of household articles.

 

3) The Lord Chancellor may by regulations add to the list set out in subsection (2) above, or delete or vary any of the items contained in that list.

 

do you know the value approx of the neighbours car

 

Hi thanks for that ... right council have rang me back and have contacted bailiffs and told them they can not levvy the car they gave me the total amounts i owe council

 

2009/2010 £1274.53

2008/2009 £1237.24

2006/2007 £188.54

 

Now Rossendales say I owe (but dont state for which yrs)

 

£537.84 £1216.32 £1092.04 and £908.88

 

I said to the lady at the council they have posted a letter through for 4 debts not 3 and i know they were trying to get another one out of us.

She told me to ring Rossendales and check what they have, contest it so they can look into it and offer a payment towards the debt that would be a decent enough amount.

So i ring Rossendales ..plesant enough lady confirms they wont touch the car says I need to spk to the bailiff and puts me on hold ... next min Im on the phone to the bailiff.

 

Explained everything to him, apoligise for my husband not being in touch and ask why there are 4 (well 5 as he pipes up) . He said unless i can make a payment by fri he will execute the warrants at court (does this mean he hasnt done so , so wont be around 2moz? He said this with the £1500 one 6 weeks ago and thier has been no mention of it since altho he's never threatened to come in like this b4)... he then asked me to call between 6-7pm when he will have my files so he can chk figures! I say to him i can pay one off by wed next week to show willing to pay... here he goes again with the im in lancashire next week (we have had this once before oh and Germany) it needs to be done by fri.

 

He accepted about the neighbours car and reminded me he can come in and remove the good from the house as they are listed ... i said yes i understand this . (was quiet calm for me for once)

 

He said his patience was running thin with us ... i apolgised for my husband and told him i was unaware of it and him not calling back etc and told him about the depression and said I'm not telling you lies etc.

 

So he said ok, lets discuss it tonight.

 

Thanks in advance for any more advice.

 

Ps. Dont know th value of the car is a small balck peugout hatch back with an A registration plate on it .. i know its not in great nick as my neighbour told me ..its only on mydrive as his work van goes on his and as we dont drive he asked if he could put it on our drive way.

Edited by mrkennedy

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OK you need to write a few letters to the council and Rossendales

don't worry about the bailiff saying he will execute the warrants at court he cannot do this only the council can do this

he cant come into your house now either as he has a unlawful walking possession agreement

 

will help you with letters if you want

you must write to the council and bailiffs e-mail for quickness and recorded delivery to make your correspondence legal

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OK you need to write a few letters to the council and Rossendales

don't worry about the bailiff saying he will execute the warrants at court he cannot do this only the council can do this

he cant come into your house now either as he has a unlawful walking possession agreement

 

will help you with letters if you want

you must write to the council and bailiffs e-mail for quickness and recorded delivery to make your correspondence legal

 

Thanks for the help and yes would be very greatfull if u could help me with the letters .... what should i do about ringing the bailif tonight?

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i wouldn't usually advise anybody to ring a bailiff but in this case yes ring him do you( have his name) ask him how many liability orders he has

the dates they were passed to him and how much each is for ask if they are all from the same council

 

give him an amount you can reasonably afford to pay each month against all the liability orders if he refuses your offer say sorry that is all i can afford i will put this offer in writing to rosendales and the council tell him you will not pay him direct but you will set up a standing orders and pay rosendales direct give him the reason for this as you will only agree to a standing order because you don't want to default on payments or pay card charges make him aware that the council say there is only 3 liability orders tell him you have been advised by the council to write to them giving them details of the liability orders he is collecting and the amounts of them

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i wouldn't usually advise anybody to ring a bailiff but in this case yes ring him do you( have his name) ask him how many liability orders he has

the dates they were passed to him and how much each is for ask if they are all from the same council

 

give him an amount you can reasonably afford to pay each month against all the liability orders if he refuses your offer say sorry that is all i can afford i will put this offer in writing to rosendales and the council tell him you will not pay him direct but you will set up a standing orders and pay rosendales direct give him the reason for this as you will only agree to a standing order because you don't want to default on payments or pay card charges make him aware that the council say there is only 3 liability orders tell him you have been advised by the council to write to them giving them details of the liability orders he is collecting and the amounts of them

 

Many thanks i shall follow wot u said when i speak to him tonite. Thanks again

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HI

 

I am so sorry to hear about this. I have been there myself & it was only because I started claiming Jobseekers Allowance that the Council took back the authorities from the Bailiffs. I also emailed my Member of Parliament & copied in the council. I really hope it works out ok for you.

 

Dangermouse

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HI

 

I am so sorry to hear about this. I have been there myself & it was only because I started claiming Jobseekers Allowance that the Council took back the authorities from the Bailiffs. I also emailed my Member of Parliament & copied in the council. I really hope it works out ok for you.

 

Dangermouse

 

 

Thanks !! Well perhaps if i can get them to hang fire i should kick out the hubby and claim like mad woman haha !! Hes never here n e how cus of work! Lol ...

 

Well just called him ... sounded surpised i phone back lol .... hopefully this will work in my favour ... he isn't ack yet (to where ever his files are) so asked me to call in around half hr !

 

Fingers crossed !

 

Can I just clarify if he hasnt executed a warrant at court (well to the council - like he threatened us with last time) he can't remove goods can he ? He said this to the anser fone on hubs moile last time .. but he never pushed these letters thru the door ... plus the other one didnt have a WPA on it .

 

Hopefully be more enlightened later ... right must go have some food now ... all this worry and having to srt out 3 children has really got to me to !

 

Appreciate all your help ! Will report back later.

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Well brought my self a few more days (result wont be showing up 2moz now) ..his figures dont tally with the councils ...he is goin to get in touch with the council 2moz and call me back and I have un till fri to sort figures out and pay somthing towards one at least ... that gives me time to gather all the facts and get together what i need to do from you guys !!

 

Thank you

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