Rossendale Threaten Me With Arrest Warrant

[mumto6]

Long story so will keep it simple -

Council Tax unpaid - Rossendales came calling - sent letters - I was dealing with husband being ill due to depression - 5 young children - things were hard enough - each time they called they got nastier I explained income was only ESA & Disability Allowance. They refused my low installments.

Then on my door stop they told me it would take seconds to break my flimsy wooden door frame if he wanted to get in after I refused him entry.

He told me he would be back - he came back I again refused entry - he came 3-4 times each time I was terrified ( I have not been mentally stable for a long time but that is a dif story - 16 yrs of depression on and off but this time things are dif I get really high times like I was taking some drug and do crazy things that yes put me in even more debt - too hard to explain I am too scared to go to the doctors)

Anyway Rossendales called a few days ago and I just said I did not have £700 simple and was past caring what they threatened - so he told me fine I will go and get an arrest warrant.

I froze - I am a mum to 5 ( kids aged 6 mnths - 10 yrs and I am currenlt 12 weeks pregnant - he assured me even though I was a mum I would still be arrested and as it was a criminal offense I would be going to prison - he smiled and walked away -now what?

[pompeyfaith]

Hiya Mumto6,

 

Although non payment of council tax can lead to a short prison sentance in you case it is very unlikely so firstly calm down.

 

Right now i will flag this post up to site team for a more exact answer.

 

Regards

 

PF

[pompeyfaith]

Ok I've alerted site team for you monitor your thread and someone will be along soon.

 

Regards

 

PF

[mumto6]

Thank you so much

[ErikaPNP]

Hello my love. I don't know enough about bailiffs but what I do know is a little about deduction of council tax from benefit, and I also know that prison is a last resort. I'm assuming a liability order has been granted by the court, yes?

 

If so, the council can make a deduction from benefit for the arrears. The most they can take from ESA is £3.25 per week, although this rate may be higher for couples. You could ask them to do this in writing, but wait for further advice first

 

Prison is only when there is no other alternative. You have offered to pay, and they have refused your offer.

 

In the meantime I will see if anyone else can assist you with the bailiff issue. What I will say is he cannot break your door down otherwise he is commiting a criminal offence.

[ErikaPNP]

Hello, mumto6

 

I have left a message for someone who is au fait with bailiff action and asked that they look in on this thread. The member is not online at the moment so you may not get a response tonight from them, however we do have plenty other members who will have better knowledge in this area than I do and who may offer their advice in the meantime. I'm in Scotland where we don't have "bailiffs" we have "sheriff officers" and I can't be certain that the same laws which apply here, will apply in England in relation to this.

[Conniff]

Prison is only when there is no other alternative. You have offered to pay, and they have refused your offer.

 

 

Prison is only for those that 'wont' pay not those that cannot pay. You would have to go in front of a judge and explain why you haven't paid and show an income and expenditure sheet.

You have made an offer so you are not a 'wont' pay.

[pompeyfaith]

Erika. Conniff Thank You both

[wonkeydonkey]

The Bailiff is not interested in anything but the cash and will tell you anything to act as a lever to get you to pay. Rule 1 is to never believe what they say. You have already followed Rule 2 by denying him access to your house. At all costs keep this up but be aware that he can gain peaceful entry through an unlocked door or window - keep them all locked and shut. He may also try and levy on any goods outside, particularly if you have car so keep that well out of the way.

 

You say he has threatened you with prison - he cannot do this as only the Council can apply for a Committal Hearing and this is a last resort for those who "wilfully" refuse to pay. He is overstating his position to tell you this.

 

In your current position you would be classed as being vulnerable and the Bailiff should return your case to the Council, all they can do is deduct small sums from your Benefits as already suggested by ErikaPNP. Are the Council aware of your current situation, if not you need to inform them soonest and submit a Claim for Housing/Council Tax Benefits if applicable. Contact your local Councillor to help you, it doesn`t matter that it is Sunday they were the one that asked to stand for Public Office.

 

You will get plenty of help and advice from others here, a lot of whom have been in very similar situations. If the Bailiff thinks you know nothing he will persevere, when he realises that you do know what is fact from fiction he will leave you alone.

 

WD

Edited November 8, 2009 by wonkeydonkey
name

[Ell-enn]

Send the affixed letter tomorrow by recorded delivery - remember to include a photocopy of benefits allowance and also any document confirming your pregnancy.

 

Then take 2 copies of the letter (and attachments) to the council and get them to sign one copy for you to keep to confirm they have received it.

 

Write a covering letter to the council as follows:

 

 

Dear Sirs,

 

Council Tax Reference No XXXX

 

Please find affixed letter send by recorded delivery to (bailiff company), who claim they are acting on your behalf.

 

Despite explaining our circumstances to the bailiff he continued to harrass and threatened to have me arrested and put in prison!. As you can imagine, in my present condition, I suffered considerable distress.

 

As you know, you are responsible for the behaviour of any firm acting on your behalf and therefore I request you take this letter as a complaint and deal with it in accordance with your Formal Complaints procedure.

 

I look forward to receiving your positive response and confirmation that this matter is being investigated.

 

Yours faithfully,

 

 

 

XXX

 

Encs.

Bailiff letter re council tax - vulnerable person.doc

[pompeyfaith]

Mnm ok you are in safe hands now so will leave u to the more knowledgeable oh and congrats with the forthcoming birth to that end relax and take things easy

[mumto6]

I do receive full housing benefit and council tax benefit now , these arrears come from 2008 ( a period when I was a single mum and working but not earning a penny - I seem to have periods when I feel on top of the world and can solve anything - I thought I could pay full rent and council tax and when I was denied benefit help I did not argue as had never clamied it before - I later found out as I was not earning and only in receipt of Woking Tax I would have been given some) It just went on and on and then the depression time kicked in so I would just refuse to open letters etc.My own fault I should have paid something I know.

 

I did telephone the Council and complain about Rossendales and she seemed sympathetic but said it was out of their hands as they had passed over the debt and I would need to deal with them direct.

 

Thank you for the letter which I will post , as for my own circumstances I have no idea what is actually wrong with me , I know I need medical advice but too scared to speak to anyone. I honestly believe I am going crazy.

[Ell-enn]

Make sure you take the copies of the letter you send to the bailiff company into the council tomorrow together with the covering letter I posted above.

 

It's total rubbish that it's out of the council's hands and you have to deal with the bailiff - the council can take it back any time they like - don't let them fob you off. You need to get that letter of complaint in!

 

Get your local councillor involved too.

 

One you get that thug off your back you can start to address your health problems

[francine25]

I am having the same problems with rossendale only difference is he got me to sign a walking possesion order at my front door and never entered. They are due tomorrow to clear the house so I am having to speak to council first thing in morning and going to get a letter from docs as I am on ssp with depression. Hope it all goes well for you, I can only sayu from my side that if he comes tomorrow I will be sat with a bottle of pills... would rather that then watch them take all my belongings away from me and my children.

[ncf355]

Francine25,

 

please do not let these 'people' put you in this state of mind!

 

I am not 100% up on baliffs but I'm sure they cant do this to you when they have not actually enetered the property!

 

Can you start a thread of your own using the 'New Thread' button so this will thwen bring your situation to the attention of those that can help?

[Tilly84]

I was in exactly the same position as you a couple of weeks a go. I'm a single parent, and like you, was terrified at the thought of being arrested.

 

One thing you quickly learn is that bailiff's are nothing but bullies. They will say anything if they think it will scare you into paying them. Just follow the advice that Ell-enn and the others have given you and you'll be fine.

 

Here's my thread on exactly the same topic. I'm certain that you will have the same outcome as me: the bailiff will deny everything he said to you, and will back down completely. That's another thing you learn about bailiff's - they're cowards too.

 

Good luck, and try not to worry.

 

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/222062-bailiff-warant-arrest.html

[seanamarts]

please get in touch with these people asap

Supporting Vulnerable Households | Z2K Zacchaeus 2000 Trust

[mumto6]

Thank you letters were sent today - could any of you kind people help me on another matter - I have started a new thread as it regards rent arrears not council tax???

[seanamarts]

Thank you letters were sent today - could any of you kind people help me on another matter - I have started a new thread as it regards rent arrears not council tax???

get in touch with the link i gave you, they will help you sort it out.

[Ell-enn]

Thank you letters were sent todayquote]

 

??? Sunday?? did you just put them in the post box??? You need to take the letter to the council and send the bailiff letter by recorded delivery otherwise they will simply say they didn't get it!

[tomtubby]

Long story so will keep it simple -

Council Tax unpaid - Rossendales came calling - sent letters - I was dealing with husband being ill due to depression - 5 young children - things were hard enough - each time they called they got nastier I explained income was only ESA & Disability Allowance. They refused my low installments.

Then on my door stop they told me it would take seconds to break my flimsy wooden door frame if he wanted to get in after I refused him entry.

He told me he would be back - he came back I again refused entry - he came 3-4 times each time I was terrified ( I have not been mentally stable for a long time but that is a dif story - 16 yrs of depression on and off but this time things are dif I get really high times like I was taking some drug and do crazy things that yes put me in even more debt - too hard to explain I am too scared to go to the doctors)

Anyway Rossendales called a few days ago and I just said I did not have £700 simple and was past caring what they threatened - so he told me fine I will go and get an arrest warrant.

I froze - I am a mum to 5 ( kids aged 6 mnths - 10 yrs and I am currenlt 12 weeks pregnant - he assured me even though I was a mum I would still be arrested and as it was a criminal offense I would be going to prison - he smiled and walked away -now what?

 

Ellen has provided you with a template letter and you need to ENSURE that you take this in person to the council offices and send a copy as well to Rossendales by recorded delivery. A copy should also be sent to the following e-mail address:

 

[email protected]

 

The bailiff CANNOT arrange for an arrest warrant. This was an unfounded threat and one that frankly is becoming more frequent with the recession.

 

It is for a local authority to decide whether to pursue a custodial sentence..it is NOT for a bailiff to decide. There has been a recent change in the court fees and this has resulted in local authorities having to pay a fee of £250 to take proceedings for a custodial sentence. Thankfully this has resulted in a decrease is such cases.

 

In deciding on whether to impose a prison sentence the court have to have CLEAR PROOF that non payment of council tax is due to one of two reasons. These are "wilful refusal or "culpable neglect". NEITHER of these apply to you.

 

Your circumstances CLEARLY provide that you are "vulnerable" and the local authority are wholly responsible for the actions of their agents and they MUST ensure that the account is returned back to the council.

 

If the bailiff does return, you MUST refuse to allow him to come into your property.