Advice please rossendales / council tax

[jmsbb]

Hi I wonder if anyone could offer me some advice, we've recently moved and got in some arrears with our council tax at our old house. We got a summons for non payment of council tax for £925 (council tax due) + £40 (court costs) Mys husband contacted the council to say we were having some financial difficulties but would like to set up some sort of payment arrangement. The lady was very helpful and understand and sent us a income and expenditure form to fill in and a application for housing benefit and council tax which we filled in and sent back. We didnt get any kind of response and the next thing we heard in regards to these arrears was when a bailiff came round.

 

He gave me a notice of bailiffs attendance for unpaid council tax amount due for £1015 +costs (doesnt mention anywhere what these costs are) anyway I didnt let him in and told him my husband would call him. Now my husband and I are like ships passing in the night he works 9-5 and I work 6 till late so it was actually a couple of days later I got to speak to him.

He told me to phone him back tell him we'd make the £200 initial payment then pay £100 a month. So I phoned the bailiff only to be told he was on his way back round and if I couldnt pay the £200 when he turned up he's be taking my car that was sat on the driveway. I explained I didnt have any money but would be able to pay him £100 when I got the child benfit money at the end of the week then another £100 the following week when hubby got paid and after that it'd be £100 a month. He said fine he'd be round later to collect the £100. My husband went outside to talk to him when he got here paid him £100 and was given a receipt for the £100 some paying in slips to pay in the further monthly repayments. The receipt acknowledges payment of £100 and states there £1006.50 to pay. We were also given a income/expenditure form to fill in. As the bailiff left he said to my husband you'll have no problems from me as long as your next payment of £100 is made within a month otherwise i'll be coming to take your car.

 

A week later we received a letter from rossendales saying since we hadnt contacted them to set up an agreement they'd be calling round with a van to levy goods or something. My husband phoned them up and explained we'd agreed with the bailiff a £100 per month repayment plan. The lady on the phone said there was no payment plan in place and one wouldnt even be considered till they'd received the income / expenditure form back.

 

We sent the form back paid the next instalment of £100 and then today we received a letter back from them saying they'd acknowledged receipt of our form taken into account out expenses and would accept a repayment of £150 per month.

 

The thing is we only have literally £200 of disposable income and numerous other debts to pay with it . We can barely afford the £100 a month nevermind £150 what can I do?

 

I dont want them taking my car =[

[hallowitch]

first things first don't panic did the bailiff do a walking possession agreement (levy) on you car

[hallowitch]

is your car on finance

 

to start with the letter you have with amount of money is wrong

the bailiff has added £70 to this account you have been over charged

[hallowitch]

Statutory Instrument 1992 No. 613

The Council Tax (Administration and Enforcement) Regulations 1992 - continued

back to previous page

 

SCHEDULE 5Regulation 45(2)(b)

 

 

 

CHARGES CONNECTED WITH DISTRESS

• 1. The sum in respect of charges connected with the distress which may be aggregated under regulation 45(2) shall be set out in the following Table— (1)(2)Matter connected with distressCharge
  
  • A. For making a visit to premises with a view to levying distress (whether the levy is made or not):£24.50
    
  • if a further visit is made £18
    

  Reasonable costs and fees incurred, but not exceeding an amount which, when aggregated with charges under this head for any previous visits made with a view to levying distress in relation to an amount in respect of which the liability order concerned was made, is not greater than the relevant amount calculated under paragraph 2(1) with respect to the levy.

  • B. For levying distress:
    

  An amount (if any) which, when aggregated with charges under head A for any visits made with a view to levying distress in relation to an amount in respect of which the liability order concerned was made, is equal to the relevant amount calculated under paragraph 2(1) with respect to the levy.

  • C. For the removal and storage of goods for the purpose of sale:
    

  Reasonable costs and fees incurred.

  • D. For the possession of goods as described in paragraph 2(3)—
    
    • (i) for close possession (the man in possession to provide his own board);
      

  £4.50 per day.

  • (ii) for walking possession:
    

  45p per day.

  • E. For appraisement of an item distrained, at the request in writing of the debtor:
    

  Reasonable fees and expenses of the broker appraising.

  • F. For other expenses of, and commission on, a sale by auction—
    
    • (i) where the sale is held on the auctioneer's premises:
      

  The auctioneer's commission fee and out-of-pocket expenses (but not exceeding in aggregate 15 per cent. of the sum realised), together with reasonable costs and fees incurred in respect of advertising.

  • (ii) where the sale is held on the debtor's premises:
    

  The auctioneer's commission fee (but not exceeding 7½ per cent. of the sum realised), together with the auctioneer's out-of-pocket expenses and reasonable costs and fees incurred in respect of advertising.

  • G. For other expenses incurred in connection with a proposed sale where there is no buyer in relation to it:
    

  Reasonable costs and fees incurred.

• 2.—(1) In heads A and B of the Table to paragraph 1, "the relevant amount" with respect to a visit or a levy means—
  
  • (a) where the sum due at the time of the visit or of the levy (as the case may be) does not exceed £100, £12.50,
    
  • (b) where the sum due at the time of the visit or of the levy (as the case may be) exceeds that amount, 12½ per cent. on the first £100 of the sum due, 4 per cent. on the next £400, 2½ per cent. on the next £1,500, 1 per cent. on the next £8,000 and ¼ per cent. on any additional sum;
    

  and the sum due at any time for these purposes means so much of the amount in respect of which the liability order concerned was made as is outstanding at the time.

   

  (2) Where a charge has arisen under head B with respect to an amount, no further charge may be aggregated under heads A or B in respect of that amount.

   

  (3) An authority takes close or walking possession of goods for the purposes of head D of the Table to paragraph 1 if it takes such possession in pursuance of an agreement which is made at the time that the distress is levied and which (without prejudice to such other terms as may be agreed) is expressed to the effect that, in consideration of the authority not immediately removing the goods distrained upon from the premises occupied by the debtor and delaying its sale of the goods, the authority may remove and sell the goods after a later specified date if the debtor has not by then paid the amount distrained for (including charges under this Schedule); and an authority is in close possession of goods on any day for these purposes if during the greater part of the day a person is left on the premises in physical possession of the goods on behalf of the authority under such an agreement.

• 3.—(1) Where the calculation under this Schedule of a percentage of a sum results in an amount containing a fraction of a pound, that fraction shall be reckoned as a whole pound.
   
  (2) In the case of dispute as to any charge under this Schedule, the amount of the charge shall be taxed.
   
  (3) Such a taxation shall be carried out by the district judge of the county court for the district in which the distress is or is intended to be levied, and he may give such directions as to the costs of the taxation as he thinks fit; and any such costs directed to be paid by the debtor to the billing authority shall be added to the sum which may be aggregated under regulation 45(2).
   
  (4) References in the Table to paragraph 1 to costs, fees and expenses include references to amounts payable by way of value added tax with respect to the supply of goods or services to which the costs, fees and expenses relate
  

 

__________________

[jmsbb]

first things first don't panic did the bailiff do a walking possession agreement (levy) on you car

 

I dont think so, I know for sure I havent signed anything and none of the paperwork he has given us mentions my car.

 

It was given to us as as wedding present last year so no finance or anything on it and its not even worth that much but we are on the outskirts of a village rubbish transport so rely on it to get to shops childrens nurserys etc.

 

So far from what i can see they have charged us £141 for the 2 visits. Can they continue to charge us each time they come out? Also i've paid the £100 installment for this month which is what we agreed but they've now decided that we have to pay the £150. Its almost as if because we just paid the amount they asked for they think we'll just pay the new amount and to be honest we probably would if we had it but we've just got nothing else to give short of not paying our rent or eating.

 

They state in the letter today (sorry I have no scanner or anything to put it on here)

 

''We have considered your offer and have set instalments at £150 per month. This is based on the information you have provided us and council tax being a priorty debt. Your first payment must reach our office by 31/07/2009.

 

Should you fail to make the payments as required we will have no alternative than to proceed with the execution of the liability order''

 

I appreciate council tax is a priorty debt BUT short of not paying our current council tax or one of our other bills what can we do we cant magic another £50 out of nowhere as much as we'd like to. I'm really worried about him coming round again i'm at home all day every day pretty much with 2 children under 4 this is another stress I could do without.

[hallowitch]

the bailiff can only charge you 2 visits regardless of how many times he comes to your house

£24.50 1st visit £18 2nd visit

 

he can charge you for a walking possession agreement and a levy fee

he can only charge you for a walking possession(levy) if he leaves with you the walking possession agreement at the time of the levy

 

(5) The person levying distress on behalf of an authority shall carry with him the written authorisation of the authority, which he shall show to the debtor if so requested; and he shall hand to the debtor or leave at the premises where the distress is levied a copy of this regulation and Schedule 5 and a memorandum setting out the appropriate amount, and shall hand to the debtor a copy of any close or walking possession agreement entered into

 

the bailiff has not done this however don't be surprised if he has added a fee for this and noted your car reg for future reference

 

if there is no WPA the most the bailiff can charge you is £42.50 for 2 visits your next step is to complain to the council about the bailiffs charges and the amount they want you to pay