Please Help- Rossendales Overcharging Me

[carolz]

Hi everyone,

 

I hope someone can help me as I am at my wits end and am close to tears. My local council handed over my council tax bill to Rossendales in May last year. I managed to come to an arrangement with them and have been paying them every fortnight. I have missed a couple of payments as I was hospitalised for three weeks and in that time they passed on the debt to the bailiff tro collect full payment. I called the bailiff explaining my circumstances but he said this wasnt his problem and he wanted full payment within a fortnight or an arrest warrant would be issued for my arrest. I then explained that I would try and make the full oayment in a fortnight (£300) as I am a single mum and being arrested would jeopardise my son's care. Today, he has dropped off a pice of paper saying full payment in two weeks but the debt is now £459.

 

I dont understand this. I called him and he said to me there were additional charges for defaulting on the payment plan. A call to their office revealed no further info, they just said to me they didnt have the info and I needed to speak to the bailiff on his mobile phone. I am terrified to speak to the bailiff- he was very threatening last time and I dont think I could face speaking to him. Does anyone know how else I could find out why the bill has increased by 50% even though I spoke to the bailiff before the van had come to remove any goods? I have 10 days left to make full payment and would appreciate any help with regards the charges so I can sort this out and regain peace of mind.

[hallowitch]

YOU WONT GET ARRESTED

 

does the bailiff have a walking possession agreement

[pumbaa0208]

i had same problems with these cowboys i wen't to my local ciizens advice and they sorted it for.got their charges taken off as well as getting threatening baliff sacked. get an appointment with your local branch and they will deal with it all for you could even set up a payment plan or get it reverted back to the council.best of luck:)

[carolz]

YOU WONT GET ARRESTED

 

does the bailiff have a walking possession agreement

 

Whats a walking possession agreement hallowitch? Thanks for reassuring me, makes me feel a little better.

[pumbaa0208]

also don't let them in you don't have to

[hallowitch]

its a notice of seizure of goods and inventory that allows the bailiff to take walking possession of your goods

 

they can only do this if they have been in your house to levy goods or on your car

 

ether way they must leave you the notice of seizure listing the goods levied

 

if this has not happened your bailiffs fees can be no more that £24.50 1st visit fee £18 2nd visit fee

 

legally you do not have to allow a bailiff collecting council tax into your home keep your doors locked and Windows closed

[carolz]

its a notice of seizure of goods and inventory that allows the bailiff to take walking possession of your goods

 

they can only do this if they have been in your house to levy goods or on your car

 

ether way they must leave you the notice of seizure listing the goods levied

 

if this has not happened your bailiffs fees can be no more that £24.50 1st visit fee £18 2nd visit fee

 

legally you do not have to allow a bailiff collecting council tax into your home keep your doors locked and Windows closed

 

 

Thank you hallowitch. No, they do not have a WPO. I rent the property fully furnished and the only thing I own is the microwave. I have previously provided them with an inventory from the landlord showing that all the property belongs to the landlord. They have not entered the property.

 

So, do I just pay them the £300 I owe and tell them I am not prepared to pay the additional charges of £159? Is there some law I can refer to regarding this?

[pumbaa0208]

as i said citizens advice dealt with them for me they have a complaints department at rossendales to be honest the lady was helpful as i'd been in hospital as well and she set up a payment plan they make up their own charges try and see if you can get it reverted back to the council so you pay them and not rossendales. if no wpo and everything owned by landlord they have to revert it back to council as nothing for them to sell

[hallowitch]

The Council Tax (Administration and Enforcement) Regulations 1992(amended)

(SCHEDULE 5)

regulation 45

 

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)

Matters connected with distress

(2)

Charges

A For making a visit to premises with a view

to levying distress (where no levy is

made) –

i) where the visit is the first or only such

visit £24.50

ii) where the visit is the second such

visit:£18

 

 

[hallowitch]

I have previously provided them with an inventory from the landlord showing that all the property belongs to the landlord.

 

this debt should have been sent back to the council

a post by tomtubby

The regulations state as we that if there are sufficient goods on which to levy the bailiff should return the account back to the local authority as NULLA BONO (this means nil effects...or no goods on which to levy to cover the debt)/

[carolz]

Thank you everyone, I will be contacting Rossendales tomorrow morning and dealing with this issue as per your advice. I will continue to make payments and if I am unable to clear the debt in the stipulated 2 weeks will inform them to go ahead and get the warrant of arrest issued. I will also be making a formal complaint to the council regarding the manner in which this man threatened me. I will keep you all updated of the outcome. I am so stressed by this incident my head has not stopped pounding since yesterday.

[seanamarts]

Carol Please stop stressing, these thugish bailiffs know that the law is on YOUR side not theirs. he is out to gain money from you and thinks you do not know your rights on this matter which now you do and can use this against him. You cannot be arrested he cannot force entry to your home he cannot get the police to help him and he cannot get a locksmith to gain entry. if he calls try and rcord the conversation and what ever you do do not let him in for any thing.

[hallowitch]

how do you know you only owe £300

do you know the amount of the liability order that was passed to the bailiffs

have you ever had breakdown of charges

 

do you know how much you have paid

do you know if charges were added prior to this recent charge

[carolz]

how do you know you only owe £300

do you know the amount of the liability order that was passed to the bailiffs

have you ever had breakdown of charges

 

do you know how much you have paid

do you know if charges were added prior to this recent charge

 

 

The liability order was initially for £763 and then bailiffs costs of £42.50 were added bringing the total to £805.50. I have so far paid £505.50 leaving a balance of £300. I make my payments online so am able to see the balance of the account each time I make a payment.

 

The breakdown of charges was £24.50 for the first visit and then £18 for the second visit.

 

He has now added this new charge of £159 on top of the £300, and now wanting £459.

[carolz]

Carol Please stop stressing, these thugish bailiffs know that the law is on YOUR side not theirs. he is out to gain money from you and thinks you do not know your rights on this matter which now you do and can use this against him. You cannot be arrested he cannot force entry to your home he cannot get the police to help him and he cannot get a locksmith to gain entry. if he calls try and rcord the conversation and what ever you do do not let him in for any thing.

 

Thank you seanamarts, I will stop worrying and try and follow all the advice given thus far.

[ploddertom]

The liability order was initially for £763 and then bailiffs costs of £42.50 were added bringing the total to £805.50. I have so far paid £505.50 leaving a balance of £300. I make my payments online so am able to see the balance of the account each time I make a payment.

 

The breakdown of charges was £24.50 for the first visit and then £18 for the second visit.

 

He has now added this new charge of £159 on top of the £300, and now wanting £459.

 

So he's now added the "Scratching my Bum whilst eating a Ham Sandwich" charge has he. This is a little known charge added by dipsticks.

 

Realistically as others have already said if he hasn't entered your property or levied on goods outside - most notably a car - then there is nothing else he can charge you for bar the 2 visit fees. He can come to your door a 102 times but as long as you deny him entry he can only make the 2 Visit Fees stick.

 

He'll pretend to ring the Police, a Locksmith or even God if he thinks he can frighten you into paying. There are only 2 words for him and I think we all know what they are. He doesn't need to come into your home to take tablets, use the loo or ring his great aunt. Just keep him out.

 

PT

[RaeUK]

Good luck carolz and relax hunni, you have had good advice and have plenty to be going on with.

Just curious, are you a single parent family?

Best wishes.

rae.

[carolz]

Good luck carolz and relax hunni, you have had good advice and have plenty to be going on with.

Just curious, are you a single parent family?

Best wishes.

rae.

 

Hi rae,

 

Yes, single parent family & I'm disabled.

[ploddertom]

Hi rae,

 

Yes, single parent family & I'm disabled.

 

Is that a violin I hear playing while Rae sees to supper.

 

PT

[RaeUK]

Hi rae,

 

Yes, single parent family & I'm disabled.

 

Thankyou hunni, that's another bit of ammo for you.

 

Note that the National Standards for Enforcement Agents class you as vulnerable and, if they were to be followed as they should be, the bailiff should hand the case back to the council or you can request the council to take it back:

 

Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

 

Those who might be considered vulnerable include the following:

the elderly;

people with a disability;

the seriously ill;

the recently bereaved;

single parent families;

pregnant women;

unemployed people; and,

those who have obvious difficulty in understanding, speaking or reading English.

 

You need to write to the council informing them of this and that you can provide medical evidence if required. Copy to the bailiff.

 

 

Best wishes.

Rae.

[RaeUK]

Is that a violin I hear playing while Rae sees to supper.

 

PT

 

Shhhh!

 

I do like anticipating a happy ending...

 

Rae.

[RaeUK]

carolz, whilst the Standards aren't law, they do give you the moral high ground. Unfortunately, many councils and bailiffs like to try and pretend they don't exist but they are there for good reason. It is an umbrella to shade a vulnerable person from undue stress and making health issues worse. It is to help those with a reduced income to agree an affordable and sustainable payment plan.

Only those who fail to possess the very basics of human decency would ignore them ... welcome to the moral highground

 

Rae.

[seanamarts]

Shhhh!

 

I do like anticipating a happy ending...

 

Rae.

I'll have he champers on ice ready and waiting for the OP that is.. I'll settle for a nice mug of hot chocolate:razz:

[carolz]

Hi everyone,

 

Just thought I'd update you all on my case with Rossendales. Wrote a very strong letter of complaint to the council regarding the behaviour of their bailiff. Pointed out the fact that I'm a vulnerable person and Rossendales had chosen to ignore this, also pointed out that the bailiff had misrepresented his powers by threatening to issue me with a warrant of arrest and that I was an emotional wreck because of their insensitivity.

 

Council have sent a one paragraph letter saying the payment plan has been reinstated. They have not responded to the complaints I have made regarding Rossendales thuggish tactics. They have also said Rossendales are within their rights to charge me a van fee of £110.00 even though all the bailiff did was come out and drop of a letter saying he wanted full payment in two weeks. They have also charged a levy fee of £34.00 whatever that is.

 

I feel better armed to challenge them now that the weight of worrying about the entire amount due at once has lifted. Is it right that Rossendales can charge me these things? The breakdown is as follows:

 

first visit fee £24.50

second visit fee £18.00

van attendance £110.00

levy fee £34.00

 

The first two had already been applied to the debt I was paying off but the next two were applied after I skipped a payment & after I had called them to point out the fact that my property was rented fully furnished and they had proof of this.

 

Many thanks to all who contributed and gave me peace of mind. You're all amazing. Hopefully some day I can help someone else out.

[Pixidust]

I could be wrong (and probably am), but my understanding is that if they have never entered your property they can only charge you for the 1st and 2nd Visit.

 

Also, I think that if you have paid by credit card and any of the charges are fraudulent, you are protected by credit card fraud and can claim the entire amount you paid back

 

Worth getting it checked out.

 

I'm sure someone with proper knowledge will answer shortly