Rossendales bailiff is coming around for non payment of council tax please help me I am running out of time

[emulife]

Please please can some one help me. A bailiff from Rossendales came around 2 months ago and my husband signed a walking possession agreement with out knowing what it was. I filled in the form about our income and out goings and sent it back to them with an offer of paying them £20 a month as we are on a low income and trying to paying off other debts. They sent us a letter asking for £120 a week which we could not afford to pay. My husband contacted them and said we could not pay this amount but they were not interested in listening. The next thing while I was out a bailiff came around and left a Magistrates Liability order/ Distress Warrent for £1473.89 and the bailiff contact name and number.

 

My husband phoned the bailiff and asked him if we could pay instualments but the bailiff said no and he wanted the full amount in 7days. So my husband contacted the Rossendales office and they said that the bailiff could except instualments. After leaving several voicemail messages for the bailiff he got back to my husband and he in formed the bailif that we could only raise £550. He excepted this amount and met my husband at his work place to collect the money. But he would only take £535 and not the remaining £15 pounds as it was in change of £1 coins. He said it was incoveneant to take the change. My husband again offered to pay the bailiff instulments each month which he would not except unless we payed him £900. (wich ment we had £400 to find) He said he wanted this to be payed by the monday. (4 days latter)

 

The bailiff then contacted my husband today (monday) and my husband told him that we can not raise that amount of money in such a short amount of time and would he give us longer. The bailiff would not give us more time and told my husband that he would be around to the house on Wednesday to empty our house of goods.

 

We just can not find this amount of money and I do not know what to do now. We have 3 children aged 12 years, 18 months and 5 months and I need to be able to feed and clothe them. I am really scard they are not even going to be able to have Christmas prescents.

 

Please Please can some one give me some advice. ASAP as this bailiff is coming around in 2 days.

Edited December 8, 2009 by emulife

[dx100uk]

firstly read up as much as you can in this forum, others will be along in the morning to help.

 

what was the original total of the liabilty order & what paperwork do you have ? [court orders etc]

 

TBH: if you can pay i would pay the council not the bailiffs, they just add heeps of unlawfull fees.

you need to write and request a screenshot of your A/C from them.

 

HTH.

[ps they cannot force entry do not let them in]

 

dx

[dx100uk]

you might find this thread worth reading

 

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/231686-rossendales.html

 

dx

 

opps sorry you.ve already found it!

Edited December 8, 2009 by dx100uk
ooppss

[mkb]

They can only take what is listed on the WPA & nothing else.

 

Contact your MP & ask them for help. I did this for us & found them to be very useful, which I must say was a huge surprise

 

Would you be considered vulnerable? This link may help:

 

http://www.dca.gov.uk/enforcement/agents02.htm#part10

Edited December 8, 2009 by mkb

[hallowitch]

don't let him into your house on Wednesday he doesn't want to remove your goods he will use this as an excuse to charge a van fee

any bailiff r-entering a property to remove goods must first send you a letter giving you the time and date of the re-entry to remove goods

Forcing re-entry

The law upon the rights of bailiffs to force re-entry to premises in order to remove

goods previously seized has recently been clarified. In Khazanchi v Faircharm

Investments; McLeod v Butterwick [1998] 2 All ER 901 the Court of Appeal held that

bailiffs may only force re-entry where they are being deliberately excluded from

premises. It will thus be necessary in most cases for the bailiff to notify the debtor in

advance of the date and time of the visit in order to remove. If the debtor is then

absent from home, or refuses entry, force may be employed.

 

 

send this recorded delivery to Rossendales

To Whom it May Concern

Please provide me with a screenshot(s) of my account(s) held by yourselves for the collection of parking tickets for xxxxxxxxx council

This is not a request to access personal data about me in the meaning of the Data Protection Act 1998.

this is information regarding my account(s) that you are required to provide me with when requested

Please provide this information within 14 day of receipt of this recorded delivery letter if my screenshot(s) is/ are not received within the aforementioned time i will take this as a refusal to comply with my request and will make a Formal Complaint to the Chief Executive of xxx council in the first instance

-----------------------------------------------------------------------

 

get in touch with the CAB and your MP and find out what is going on with this bailiff

 

find out from the council the amount of the liability order and the date it was passed to Rossendales

if/when he does return to collect payment or allegedly remove goods try to record your conversation with him note down the reg of the car/van he is driving

 

do you still have the walking possession agreement there is a list of exempt goods that a bailiff cant levy can you tell us what goods he has levied

are any of the goods on HP

Edited December 8, 2009 by hallowitch

[emulife]

What they put on the wap was my car, sofa, microwave, t.v, dvd player and hi-fi.

 

I will not let him in thank you for that. If I am not in can they do anything? Will I come home to things missing from my house?

 

Thank you for that letter hallowwitch I will print that of and post it today.

 

After seeing this Stev Curnow on youtub I now extremly scard of him, even more so as I will have 2 babies with me on Wednesday.

Edited December 8, 2009 by emulife

[emulife]

firstly read up as much as you can in this forum, others will be along in the morning to help.

 

what was the original total of the liabilty order & what paperwork do you have ? [court orders etc]

 

TBH: if you can pay i would pay the council not the bailiffs, they just add heeps of unlawfull fees.

you need to write and request a screenshot of your A/C from them.

 

HTH.

[ps they cannot force entry do not let them in]

 

dx

 

The original total from the council was £1267.39. We never recived a court order just a liability order and then all the paper work from Rossendales.

[hallowitch]

If I am not in can they do anything? NO

Will I come home to things missing from my house? NO

 

even this bully wouldn't be stupid enough to remove goods in your absence

[hallowitch]

The original total from the council was £1267.39. We never received a court order just a liability order and then all the paper work from Rossendales

 

Application for liability order

34.—(1) If an amount which has fallen due under regulation 23(3) or (4) is wholly or partly unpaid, or (in a case where a final notice is required under regulation 33) the amount stated in the final notice is wholly or partly unpaid at the expiry of the period of 7 days beginning with the day on which the notice was issued, the billing authority may, in accordance with paragraph (2), apply to a magistrates' court for an order against the person by whom it is payable.

 

(2) The application is to be instituted by making complaint to a justice of the peace, and requesting the issue of a summons directed to that person to appear before the court to show why he has not paid the sum which is outstanding.

 

you should also have had a letter from the council telling you it was being passed over to the bailiffs

[emulife]

No I did not get notice of it going to a bailiff

[tomtubby]

Please please can some one help me. A bailiff from Rossendales came around 2 months ago and my husband signed a walking possession agreement with out knowing what it was. I filled in the form about our income and out goings and sent it back to them with an offer of paying them £20 a month as we are on a low income and trying to paying off other debts. They sent us a letter asking for £120 a week which we could not afford to pay. My husband contacted them and said we could not pay this amount but they were not interested in listening. The next thing while I was out a bailiff came around and left a Magistrates Liability order/ Distress Warrent for £1473.89 and the bailiff contact name and number.

 

My husband phoned the bailiff (Stev Curnow) and asked him if we could pay instualments but the bailiff said no and he wanted the full amount in 7days. So my husband contacted the Rossendales office and they said that the bailiff could except instualments. After leaving several voicemail messages Stev Curnow got back to my husband and he in formed Stev that we could only raise £550. He excepted this amount and met my husband at his work place to collect the money. But he would only take £535 and not the remaining £15 pounds as it was in change of £1 coins. He said it was incoveneant to take the change. My husband again offered to pay Stev instulments each month which he would not except unless we payed him £900. (wich ment we had £400 to find) He said he wanted this to be payed by the monday. (4 days latter)

 

Stev Curnow then contacted my husband today (monday) and my husband told him that we can not raise that amount of money in such a short amount of time and would he give us longer. Stev Curnow would not give us more time and told my husband that he would be around to the house on Wednesday to empty our house of goods.

 

We just can not find this amount of money and I do not know what to do now. We have 3 children aged 12 years, 18 months and 5 months and I need to be able to feed and clothe them. I am really scard they are not even going to be able to have Christmas prescents.

 

Please Please can some one give me some advice. ASAP as this Stev Curnow is coming around in 2 days.

 

PLEASE do not take offence at this reply.

 

After signing a walking possession you completed a financial statement and offered to repay the debt at £20 per month. This would have been refused by Rossendales because all of their local authority clients insist that they can accept repayments on condition that the debt is repaid within the council tax year.

 

The counter proposal from Rossendales was actually very good and allowed you a substantial period of time to repay the debt.

 

The bailiff then worried you both so much that you were able to then find £535 (when you had stated that you could only afford £20 PER MONTH!!). It is for this very reason that bailiffs are trained to use threatening methods to enforce the debt....and one again in this case it has worked!!!

 

The bailiff will now be under the impression that because you could find £535 when all he had done was to get your husband to sign a walking possession that you can find the balance if he threatens to empty your house. Trying to convince him that you cant find the balance will now be difficult.

 

PS: Bailiffs and their companies view these posts every day and that is why you should remove the name of the bailiff as it will be very easy for him to identify your case.