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Hi all, quick run down..

 

Outstanding council tax bill, passed to rossendales. Got 1 letter dropped through letter box then paid the bill in full using council online (took cash into council office but would not accept as soon as they found out it was in rossendales hands; note, this was full payment and for money due up to untill april this year), Received letter from rossendales saying i have to pay 40 odd pounds for attendence fee (letter from baliff was posted through door although i was at work and paid in full after this). Anouther letter through letter box today saying i owe £177 !!!! Rang him (baliff) and he says they have visited 3 times and each time they were to levy goods due to the 40 odd pounds i owe them and thats why its gone up so much and he says it will still increase if i dont pay.. Asked him for pfoof or visit and he said some thing about an electronic pen where they note details of house.. At this i quized him and he says my bungalow (hahaha i own a 3 bed semi) was visited by himself.. Now my 15year old son has been at my house all day and he says all that happened was a letter was posted through door, no knock, no phone call no nothing.. After trying to say "look mate ive paid my bill so F off" he says this is not getting us anywhere, at that i agreed and disconnected..

 

Is this the usual bluff and ive also read here they have set charges, where do i go from here.. ?

 

Eggy12

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Hi all, quick run down..

 

Outstanding council tax bill, passed to rossendales. Got 1 letter dropped through letter box then paid the bill in full using council online (took cash into council office but would not accept as soon as they found out it was in rossendales hands; note, this was full payment and for money due up to untill april this year), Received letter from rossendales saying i have to pay 40 odd pounds for attendence fee (letter from baliff was posted through door although i was at work and paid in full after this). Anouther letter through letter box today saying i owe £177 !!!! Rang him (baliff) and he says they have visited 3 times and each time they were to levy goods due to the 40 odd pounds i owe them and thats why its gone up so much and he says it will still increase if i dont pay.. Asked him for pfoof or visit and he said some thing about an electronic pen where they note details of house.. At this i quized him and he says my bungalow (hahaha i own a 3 bed semi) was visited by himself.. Now my 15year old son has been at my house all day and he says all that happened was a letter was posted through door, no knock, no phone call no nothing.. After trying to say "look mate ive paid my bill so F off" he says this is not getting us anywhere, at that i agreed and disconnected..

 

Is this the usual bluff and ive also read here they have set charges, where do i go from here.. ?

 

Eggy12

 

Unfortunately he may be partly correct.

 

The way I see it is that Rossendales deliver a letter, you then pay Council online. Did you just pay the amount on the Liability Order? With them delivering a letter you have already incurred a 1st Visit fee of £24-50 which should have been paid on top of the Liability Order - the Bailiff fees are paid first so this still leaves you £24-50 in debt and they can still visit for this.

 

Because the £24-50 is still outstanding it appears they may have visited again incurring 2nd Visit fee of £18, you now have £42-50 outstanding and this is the maximum they can charge for visiting no matter how many times they call. Now this is on the basis they have not levied/seized any goods at your property. Although they may not have been in your home the classic snatch is to levy a motor vehicle in the immediate area - may not even belong to you. Now the "game" moves up a notch as they can now add extra fees.

 

First thing tomorrow contact the Council and ask how much the Liability order was for and how much is still outstanding - if the answer is £42-50 then you should go back online and pay this direct to the Council again. Keep a printed copy to wave in front of your mates nose when and if he calls. If they have supposedly made a levy then they should have leftsome paperwork shoved through the door detailing what it is for.

 

A lot of this is bluff and double bluff as he expects you know nothing and will believe everything he tells you.

 

PT

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send him £24.50 1st visit fee tell him that under The council tax (administration and enforcement ) regulations 1992(amended )

regulation 45 charges connected with distress this is all you are legally entitled to pay

However if they want more fees to send you a screenshot of your account

after you have received this and depending on what it contains will depend on what further action you will take regarding the remainder of the fees they are trying to collect

you may have to pay a 2nd visit fee of £18

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thanks for that.. I asked him for prof of visits to be sent to me and he declined saying he was under no obligation to do so.. So first off i get a visit but was not in, i pay c/tax in full then get a letter demanding £42.50.. As far as i see from letters no levy has been made just letter from baliff saying i came round to.. second letter says same but with chasing 42.50 but increased to 177 now..

 

SO.. he is only entitled to 24.50 for 1 visit.. after which i paid c/tax.. Confused now as goalposts have been moved

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thanks for that.. I asked him for prof of visits to be sent to me and he declined saying he was under no obligation to do so.. So first off i get a visit but was not in, i pay c/tax in full then get a letter demanding £42.50.. As far as i see from letters no levy has been made just letter from bailiff saying i came round to.. second letter says same but with chasing 42.50 but increased to 177 now..

 

SO.. he is only entitled to 24.50 for 1 visit.. after which i paid c/tax.. Confused now as goalposts have been moved

 

 

If you pay a bailiff the bailiff take there charges first then they pay the council this way the bailiff makes sure he gets paid

 

if you pay the council

 

some councils add the bailiff fees on to the debt so when you pay the amount on the liability order then the council take of the bailiff fees you still owe some of the liability order

so it depends on the council if your debt to the council had a nil balance before the 2nd bailiff visit you owe him £24,50

 

bailiffs cant levy distress for there fees

Do as PT suggested and find out from the council the amount of the liability order and if the balance of the debt is Nil with the payment you made

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thanks for that.. I asked him for prof of visits to be sent to me and he declined saying he was under no obligation to do so.. So first off i get a visit but was not in, i pay c/tax in full then get a letter demanding £42.50.. As far as i see from letters no levy has been made just letter from baliff saying i came round to.. second letter says same but with chasing 42.50 but increased to 177 now..

 

SO.. he is only entitled to 24.50 for 1 visit.. after which i paid c/tax.. Confused now as goalposts have been moved

 

Hopefully this will put it into some sort of order. Have used figures for illustrative purposes only

 

1. You don't pay CT, Council go to court and get Liability order for £1000.

 

2. Still don't pay and account is passed to Bailiffs.

 

3. Bailiff delivers demand for CT for £1000 + 1st Visit fee of £24-50

Debt now stands at £1024-50.

 

4. You pay Council direct online £1000

£24-50 paid to Bailiff by Council from your CT account

£975-50 paid towards CT

Balance outstanding £24-50

 

5. Bailiff calls again incurs 2nd Visit fee £18-00

£18-00 paid to bailiff by Council from your CT account

Balance outstanding £42-50

 

6. Bailiff alleges he calls again this time from figures provided has apparently levied/seized goods incurring extra £134-50 in fees?

Alleged balance now outstanding £177

 

You do not have to be in or answer door if Bailiff calls as he can still charge Visit fee for this - unfair I know but I don't make the rules. As I said earlier contact the Council tomorrow for details of your account, also as hallowitch has said you now need to contact Rossendales to ask for a statement of your account including screenshot as you dispute the fees they are charging.

 

They of course will tell you they are correct and you have to pay. They may also tell you they need £10 for your account details - however this is not necessary as you not making a claim under the Data Protection Act, they are now obliged to give you this information.

 

Welcome to the world of confusion, it's a bit like Monopoly only each time you pass go you lose a little more hair and get 2 paracetamol.

 

PT

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HomeYour accountOnline balances

Balance Outstanding: £0.00

 

All Account balances were last updated on: 18/02/2010 at 13:17 pm.

 

So i take it council have not paid rossendales.. rossendales are taking the easy route by the way of me to get there money ?

 

Ok next route is to ask rossendales for statement of account.. Screen shots and all.

 

Eggy12

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amended title accordingly

 

Ida x

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sorry to hijack but wanted to post this for folk to see

http://www.consumeractiongroup.co.uk/forum/announcement.php?f=168&a=163

 

please carry on :)

 

ida x

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................

 

the classic snatch is to levy a motor vehicle in the immediate area - may not even belong to you. Now the "game" moves up a notch as they can now add extra fees.

 

 

PT

 

 

Sorry here Ploddertom -- but YOU are not LIABLE if the Bailiff takes a motor vehicle NOT BELONGING TO THE DEBTOR.

 

If I were the owner of a "Snatched" vehicle with no CT outstanding etc I'd have the Bailiff in Court so fast that his feet wouldn't even touch the ground -- I'd sue for lost business / missed appointments / expense of reclaiming my car as well at looking to see if any CRIMINAL prosecution could succeed - theft for example).

 

If what you say is true then a Bailiff could always grab anything in sight whether blonging to the debtor or not.

 

It's up to the Bailiff to have reasonable grounds for ensuring the property being levied actually BELONGS to the debtor -- and the ownership of Motor Vehicles is usually pretty simple to sort out -- probably easier than anything else.

 

Any court would ask what actions the Bailiff had taken to ensure the vehicle belonged to the debtor -- don't forget also that the DVLA also keeps a record of requests of this type of information -- who asked for details of the registration number and when it was requested.

 

So again YOU DO NOT HAVE TO PAY LEVY FEES ON GOODS LEVIED IF THEY AREN'T YOURS.

 

2 Visit fees (GBP 42.50) are all these **** can get -- then tell them to "make the proverbial sexual move with a Duck".

 

Cheers

jimbo

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I think whats gone on here is that because ive paid direct via councils own web site and not to parasites is that council have not paid parasites so parasites are lumping the blame on me..

 

Does anyone know if its fact that council are supposed to pay them and not me for costs ?

 

Just a bit confused as to plodder's post as he said i pay 1000 then parasites bill is taken off then i still owe council.. !!

 

The letter that got dropped through letter box from parasites who did not even knock states

 

"Outstanding bailiffs costs to be paid in full £177"

 

Eggy12

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it really depends on the council whether they pay the bailiffs or not

 

HomeYour accountOnline balances

Balance Outstanding: £0.00

 

All Account balances were last updated on: 18/02/2010 at 13:17 pm.

 

any bailiff visits before this date will have to be paid which can only be visit fees as there is no levy

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Does anyone know if its fact that council are supposed to pay them and not me for costs ?

 

Just a bit confused as to plodder's post as he said i pay 1000 then parasites bill is taken off then i still owe council.. !!

 

The letter that got dropped through letter box from parasites who did not even knock states

 

"Outstanding bailiffs costs to be paid in full £177"

 

Eggy12

 

I only used that to try and illustrate what can happen, each Council may be different, I would wait and see what happens because as far as I know they cannot charge you more fees for their outstanding fees. If it turns out you have to pay the 2 visit fees then I think I may feel a trip to the bank coming on for a load of 1p or 5p coins.

 

PT

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Ok the way i see it is this.. I have not paid c/tax so parasites have been passed the account.. I get letter demanding money then 1 visit from parasites.. I pay full what has been asked to council. Parasites realise they got duped. They send me letter wanting £42.50 for attendance fee's then inflate it more.. SO

 

If i pay £42.50 to parasites all should be well and good ?

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Ok Gonna refresh this and see what you all think I should pay..

 

1.Council take me to court to get there money.

 

2. Account passed onto Rossendale's for collection and a letter saying we have been instructed to collect.

 

3. I did not pay.

 

4. Bailiff visit's leaving a " Bailiff Removal" letter- " Magistrates liability order/ Distress warrent.

 

5. I Pay in full the amount due online to council as shown on "My account"

 

6. Recieve a letter in post from Rossendale's saying i owe them £42.50 for costs

 

7. Bailiff visits and leaves "Bailiff removal..Magistrates liability order/ Distress warrent" letter for outstanding bailiff costs of £177

 

Any help is greatly appreciated

 

Eggy12

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Hi there

pay the 42.50 and then tell the Bailiff to "S-D off". If it goes to court again you'll win as you've already discharged your liability.

 

NEVER EVER GIVE THESE **** A PENNY MORE THAN THE LAW ALLOWS.

 

Levying on other people's property is THEIR error not yours.

 

Cheers

jimbo

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Thats what I was thinking Hallo..

I Think as I have the money i will pay 42.50 then ask again for screen shots of account and if showing only one visit i will assign a debt collecting company to recover money owed to me and add as many charges as i can think of starting with £200 distress and aggravation followed closely with £15 charge per phone call i have made.. 16 so far but have never got a person straight away only to be placed on hold whilst getting scammed phoning an 0845 number on my mobile !!

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"It's up to the Bailiff to have reasonable grounds for ensuring the property being levied actually BELONGS to the debtor -- and the ownership of Motor Vehicles is usually pretty simple to sort out -- probably easier than anything else."

 

Jimbo you are incorrect on this point, it is up to the debtor to prove that they do not own the vehicle. I have had this happen to me and it was my responsibility to prove that the vehicle was leased and subject to a finance agreement. I did this and after a long fight they had to class it as an incorrect levy.

 

I would not pay them a penny, I never have even though by law they are entitled to their visit fees. I held out and they had to pass it back to the council. The council will NOT pay them their fees as the fees are owed by you. My council added their fees to my council tax statement which is not allowed in law as the Bailiffs are a private ltd company and the council has no right to collect any fees you owe to the bailiff company, I had this cleared up after having a meeting with the Finance Director at my council on 18th Feb. All bailiff fees will now not be shown on any residents council tax bill. You are only liable for the amount that is stated on the liability order, if the bailiffs wish to pursue you to recover their fees then they will have to do this via the small claims court. The two issues are seperate, council tax and alledged fees to a private company sub contracted by your council.

Edited by calvi36
typo
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Thats what I was thinking Hallo..

I Think as I have the money i will pay 42.50 then ask again for screen shots of account and if showing only one visit i will assign a debt collecting company to recover money owed to me and add as many charges as i can think of starting with £200 distress and aggravation followed closely with £15 charge per phone call i have made.. 16 so far but have never got a person straight away only to be placed on hold whilst getting scammed phoning an 0845 number on my mobile !!

 

Yeah, good luck with that :rolleyes:

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"It's up to the Bailiff to have reasonable grounds for ensuring the property being levied actually BELONGS to the debtor -- and the ownership of Motor Vehicles is usually pretty simple to sort out -- probably easier than anything else."

 

Jimbo you are incorrect on this point, it is up to the debtor to prove that they do not own the vehicle. I have had this happen to me and it was my responsibility to prove that the vehicle was leased and subject to a finance agreement. I did this and after a long fight they had to class it as an incorrect levy.

l.

 

Hi there

so are you telling me that a Baliff can just turn up and Levy a vehicle AT RANDOM just because its parked near or in the vicinity of the person's address that he is trying to contact.

 

Sorry -- I just can't believe even in this country that this is allowed -- what about the TOTALLY INNOCENT 3rd party who has had his vehicle interfered with -- even if its just a notice stuck on the windscreen -- to say nothing of a clamp.

 

So if this law is actually correct a totally innocent 3rd party has to go through no end of hassle to get their vehicle back --what happens if its two days before payday, I as an innocent 3rd party need my vehicle to get to work and haven't got any spare money to get it released.

 

So I'm sorry but I can't believe this -- a Bailiff MUST SURELY ascertain that the goods he's levying on are the property of the debtor.

 

Cheers

jimbo

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