Rossendales....

[mand p]

Hi there.

I have an outstanding debt with Rossendales. It is basically 3 debts that I had agreed to pay off one after the other at £20 pm. All has been going well for the last 18 months and am up to date with payments. In January I tried to pay online but couldn't so phoned them direct to be told that I had paid off the first account and was given another ref no to pay into of which II did for the last 2 months Then I get a letter stating they want it paid if full as i has defaulted for 2 months on the date it should be paid (4th each month apparently) I had never agreed to pay on a certain date through all of this time as I explained I am self employed and payment doesn't come in on a certain date but will be paid by the end of each month which I did all on different dates and never heard a peep until now.

Well he turned up, spoke to my husband, demanded payment in full , husband tried to explain that we were up to date with payments...he didn't care. There were 2 amounts..227 and 449.00. I asked if 449 was to clear the whole debt off and bailiff said yes. Tried Rossendales office to explain about the situation..they didn't care and tried the council...they didn't care. I managed to get a loan from my Mum for the amount 449.00 and rang to pay it off. He then informed me that I also owe the 227.00 as well...and I have until 16th march to pay it or else..blah blah, you know how it goes. I tried to explain there was no way i could afford it as I had borrowed all I could and could I please carry on installmants for the last 227.00 and he said no.(well he actually said f..k off..nice). Sorry for the ramble but my question is, as I am up to date with payments and have bank statements to prove varying dates who do I get in touch with to sort this out? I'm furious about it but don't know what to do...any ideas????

Thanks in advance x

[Sniktar]

You do not say but, are these council tax debts? Which council?

[mand p]

Sorry, what a donut:rolleyes:..yes it is council tax and it is for North Somerset Council.

[Sniktar]

I have had similar problem locally - Norfolk.

I think you will find that Rossendales are under strict instruction from the council and therefore you need to deal direct with the council.

A financial statement from somewhere like Citizens Advice would support your position.

They are being ruthless, in many areas, under council instruction.

Edited February 26, 2010 by Sniktar

[RaeUK]

mand p, you have made every effort to pay. That said, this is also atypical bailiff behaviour.

The very least you can do is make a FORMAL COMPLAINT to your councils CEO.

And then complain to your councillor.

Best wishes

Rae.

[Sniktar]

Fight it as advised by Rae BUT you stand a better chance of winning if you have an approved Common Financial Statement as supplied by free debt advice agencies.

The fact you have made offers needs to be supported - to prove you are making sensible/ affordable / sustainable offers and not just offers to 'get rid of the bailiff'.

 

You would also need a CFS if Rossendales take you to court. Then - if you used it to make an offer, the chances are good that the court will sustain the same offer

 

If all the above suggestions fail - there is always your local MP

 

Good luck

[mand p]

Hi,

I did contact the council today who informed me there was nothing they could do about it as the debt is with the bailiffs...even though I explained that i am up to date with payments. The bailiff also told me that the CAB would not be able to help me either and that i would be wasting my time. I asked him what he thought he could take and he said 'don't know until I come and look around...what car have you got?' so I told him Renault Scenic which i need for work (I am a self employed Caterer and I use it to ferry equiptment and ingredients for work) so you can't take that and he replied 'we'll see about that.'

I didn't think they could take things you use for work and do I have to let him in??

[mand p]

The council did help me with Rossendales when I first started dealing with them. They refused to allow me to pay £20 pm and the council stepped in and told them to accept the payments as I couldn't afford any more. My financial situation has not changed since then.

[Sniktar]

Scare tactics.

 

Not uncommon with bailiffs - the car - you can argue it is tool of your trade.

 

Think carefully - Rae thinks the same I believe - they are trying to scare you in to paying. BUT, you have to prove you can't pay.

 

My guess - councils are trying hard to keep Council Tax rises down so - they are going for broke on reclaiming unpaid taxes.

 

Remember - if you can PROVE you can't pay - you have a strong case.

 

Bailiffs can not take domestic essentials or tools of trade

[Sniktar]

Do you rent or own/mortgage your home?

[RaeUK]

As a rule of thumb, a vehicle is classed as a tool if it is used exclusively for work purpose. No social use.

If you just ring the council you will probably speak with someone low down the pecking order who may or may not work for the council.

You need to go higher up. Email them tonight with a letter marked formal complaint. Hard copy by post signed for or dropped in by hand and get a receipt.

Where possible do not speak to a bailiff. They will lie, cheat, cajole, bully etc.

Call your local councillor first thing in the morning and your MP whilst you're at it.

The key thing here is to complain as quickly, as loudly, as vohemently as possible.

Best wishes.

Rae.

[Sniktar]

Keep a record of everything you do - day, date, person, what you did.

A County Court Judge will always expect a common Financial Statement so - do as suggested by Rae, but get a CFS! (Financial Statement - professionaly prepared)

Complain as high as you can

Ignore the bailiff - and do not let them into your house if they do not have a warrant

Involve as many people as you can

Do not be threatened - if you can not pay, you can NOT pay!

 

Do you rent?

Edited February 26, 2010 by Sniktar
spelling

[Sniktar]

Stay in touch with the council -as high up as you can.

They have the power to take the debt back from Rossendales if you can PROVE you cannot pay. It may be a fight, but they can do it!

 

How high, and where you contact the council, depends on your housing status - rent or mortgage

[ploddertom]

Send the Bailiff the following - adapt to your own needs and send by email & letter:

 

"From:

My Name

My Address

 

To:

Acme Bailiff Co

Bailiff House

 

Ref: Account No: 123456

 

Dear Sir

 

With reference to the above account. Can you please provide me with a Statement of my account including Computer Screenshot. This is not a Subject access request under the Data Protection Act S7 1998 so does not incur a fee of £10. I also require the name of the attending Bailiff and the name of the Court he was Certificated at. You are obliged to provide this information.

 

I require this information within 14 days.

 

Yours faithfully

 

Ripped off customer"

 

PT

[Sniktar]

Ploddertom

Thanks- this is not my thread but that is useful!

 

Sniktar

[Sniktar]

What may be the anticipated effect of this pro forma letter?

[ploddertom]

Hi,

I did contact the council today who informed me there was nothing they could do about it as the debt is with the bailiffs...even though I explained that i am up to date with payments.

 

Usual claptrap from the Council

 

The bailiff also told me that the CAB would not be able to help me either and that i would be wasting my time. I asked him what he thought he could take and he said 'don't know until I come and look around...what car have you got?'

 

Whatever happens do not let him into your home - you need to keep doors and windows locked as he can enter if the door is closed but unlocked. You should also park your car well away from home but as you have told him what type this could be awkward - but see below.

 

so I told him Renault Scenic which i need for work (I am a self employed Caterer and I use it to ferry equiptment and ingredients for work) so you can't take that and he replied 'we'll see about that.'

I didn't think they could take things you use for work and do I have to let him in??

 

A lot depends on how the vehicle is used - if it is for your sole use in connection with your business and insured as such he would have a job taking it.

 

 

PT

[ploddertom]

What may be the anticipated effect of this pro forma letter?

 

A reply which they are obliged to give you.

 

PT

[Sniktar]

Thanks

 

Yes. But then?

I just printed off your statement and it prints a lot more than shows on screen. I am new here but this puzzled me

[ploddertom]

Keep a record of everything you do - day, date, person, what you did.

A County Court Judge

 

Council Tax is heard in Magistrates Court

 

will always expect a common Financial Statement so - do as suggested by Rae, but get a CFS! (Financial Statement - professionaly prepared)

Complain as high as you can

Ignore the bailiff - and do not let them into your house if they do not have a warrant

Involve as many people as you can

Do not be threatened - if you can not pay, you can NOT pay!

 

Do you rent?

 

PT

[Sniktar]

My apolgies to all!

Local Magistrates - but the evidence required for support is strong advice!

[Sniktar]

Ploddertom

Can we e-mail.

[ploddertom]

Thanks

 

Yes. But then?

I just printed off your statement and it prints a lot more than shows on screen. I am new here but this puzzled me

 

Probably printed info about the Subject Access Request - however if copied and pasted into Word or similar should be OK.

 

PT

[ploddertom]

Ploddertom

Can we e-mail.

 

If appertains to the thread then best to continue on here otherwise send me PM - can't promise I can answer your questions.

 

PT

[Sniktar]

It was - I have a VERY similar situation.

Same collector

Different council

Council admit THEY have put the pressure on Rossendale. No negotiation is THEIR terms, not Rossendales.

Client can NOT afford

What possible strategy for negotiation with council - it is obvious to me that there is NO negotiation with Rossendales.

Same as thread here