Rossendales Urgent help needed please

[kingfisher1]

I really do need some urgent help. I am not going to rant on but lets just say last year was a shocking year! I had an arrangement with rossendales to pay £25 pm to pay off outstanding council tax out of the blue a month ago a bailiff turned up asking about the unpid bill! I was under the impression I was paying it. We agreed that she would go back to the office and find out what is happening and get back to me. She called back at a time when we thought we were losing our baby and very kindly said she would call back at the end of March. On Monday whilst at the doctors (still touch and go with baby) she called, I returned the call when I got home only to get an answer machine left her a message telling her I wouldnt be around for the rest of Monday but if she wanted to call back on Tues thats fine. No call Tue/wed but I have been in hospital with older daughter. Came home for a shower today at t time to find a letter through the door with a load of stuff in it. There is a notice of distress which she has put our old banger of a car on it and on the same piece of paper it also says walking posession agreement, all signed by the bailiff, a request to pay by instalments letter, instructions letter. She has added costs on of £24.50 for the first visit and a levey fee of £46. Can anyone help as I really dont know what to do, how does she know the car is in my name? Can I just give her the car and be done with it? Its not worth that much anyway! Sorry if its a bit of a rambled post but I really need to get back to the hospital.

 

Many thanks

[ploddertom]

There are a few things to try and sort here.

 

How were you making your payment of £25 per month and who to? How much do you owe for your Council Tax - don't believe the bailiff total - ring the Council and ask how the Liability Order was for and how much is still outstanding. I get the impression from your post that you may well be classed as vulnerable according to the National Standards for Enforcement Agents - someone better than me can comment fully on this and give you a really good letter for both Council & Bailiffs - suffice to say your account should be handed back to the Council.

 

Is it possible you can list the goods levied upon - was it just your car or were there other items as well? Has the bailiff been inside your home? How much would you think your car is worth? To make an effective levy the Bailiff must levy on sufficient goods that if removed and sold at auction would realise enough to pay the Bailiff, the removal costs, the auction fees and a proportion of the debt owed. If therefore you owed £600 he would have to levy on approx £6k of goods to satisfy an effective levy.

 

PT

[seanamarts]

you certainly come under the 'vulnerable' status with regards to 'The national standards for Enforcement agents.

http://htthttp://www.dca.gov.uk/enforcement/agents02.htmp://

 

Vulnerable situations

 

 

• Enforcement agents/agencies and creditors must recognise that they each have a role in ensuring that the vulnerable and socially excluded are protected and that the recovery process includes procedures agreed between the agent/agency and creditor about how such situations should be dealt with. The appropriate use of discretion is essential in every case and no amount of guidance could cover every situation, therefore the agent has a duty to contact the creditor and report the circumstances in situations where there is potential cause for concern. If necessary, the enforcement agent will advise the creditor if further action is appropriate. The exercise of appropriate discretion is needed, not only to protect the debtor, but also the enforcement agent who should avoid taking action which could lead to accusations of inappropriate behaviour.
  
• Enforcement agents must withdraw from domestic premises if the only person present is, or appears to be, under the age of 18; they can ask when the debtor will be home - if appropriate.
  
• Enforcement agents must withdraw without making enquiries if the only persons present are children who appear to be under the age of 12.
  
• Wherever possible, enforcement agents should have arrangements in place for rapidly accessing translation services when these are needed, and provide on request information in large print or in Braille for debtors with impaired sight.
  
• Those who might be potentially vulnerable include:
  
  • the elderly;
    
  • people with a disability;
    
  • the seriously ill;
    
  • the recently bereaved;
    
  • single parent families;
    
  • pregnant women;
    
  • unemployed people; and,
    

 

May I suggest you get in contact with your council and out line this to them asking that the bailiffs hand back the debt, also make sure you tell them that you had a payment plan that you believe you have not defaulted on but bailiffs have ignored you.. good luck with everything.. many people here will help and advise you .. any question just ask.

[kingfisher1]

Hi, It was my car but we had given it to our son to learn to drive in as its such a clapped out wreck. The amount in question is £600 and the car is worth half of that! The original agreement was with the council but I pay rossendales (not sure why though) and I have also found out that it is a from this year again not sure how though? We had such a shocking year last year after losing 3 babies which resulted in me having a breakdown. I am pregnant again but we just don't know if this one will stay or not. I did make the baillif aware of everything when she first came as unfortunatly that day I was bleeding again (sorry if tmi). I am so down and also having my daughter in hospital I really feel like I cant deal with this. How can she do that with the car not knowing if its mine or not? I really feel like saying ok come and take the car!

Sorry on the verge of a nervous brake-down now!

[thewakers7]

youve come to the right place, this stress will not be doing you or ur baby any good, take a deep breath and relax youl get given a lot of info on here that im sure will overwelm u at first next time ur at the midwife may i suggest you get her or ask her to ask ur gp for a letter outlining ur previous/current situations re ur pregnancies

[kingfisher1]

Thanks

 

Im sat sobbing my eyes out at the moment as I really dont know what to do. I have all my discharge papers still from losing the babies last year and also my green notes which states everything on there, Im so scared. I dont know if this makes any difference but I didnt actually sign anything yesterday It was just posted through my letter box. She even had the nerve to txt me this morning, saying sorry for the distress she has caused as that was not her intention! DUH!!!

 

I have treaked a letter I have found on this site but am unsure on weather to send it

 

Dear Sir / Madam,

 

Reference number:

 

I am writing with regard to the above account relating to a Council Tax Liability Order.

 

It would appear from advice I have received that my household circumstances are classed as vulnerable according to the National Standards for Enforcement Agents. The reason for this is due to my illness and current pregnancy. Last year I unfortunatly suffered 3 misscariges and then went on to have a breakdown. I have since found out I am pregnant again but are unsure what the outcome of this pregnancy will be. At the beginning of March xxxx visited my address regarding the outstanding amount and It was unfortunate that at that point I was again having another possible misscarige and as it turns out was admitted to hospital again the day after her visit. Your visiting bailiff was very much aware of my condition and previous misscariges and that I was in no fit state to understand or sign documentation.

 

I am prepared to provide proof of my vulnerable nature. This will be by means of supporting evidence from GP. I will forward this to you by separate cover at the earliest opportunity.

 

 

As the current situation is having an aggravated and detrimental affect on my health, I am requesting that the case is returned to the initiating Local Authority. Doing so would allow me to address the issue rationally calmly and without fear, whilst putting in place an affordable and sustainable payment plan.

 

I also request that, in the interim period, no further visits be made to my home as they impact adversely on me, and I really could not go through this heartache again.

 

I would be grateful if you would please confirm safe receipt of this letter.

 

A copy of this letter has also been sent to XXX Council for their information.

 

Yours faithfully.

Edited March 26, 2010 by kingfisher1
changed

[hallowitch]

phone your MP now

 

 

I have also found out that it is a from this year again not sure how though?

============================================================

who told you its from this year i understand that you may not know if a liability order was granted because of all the time you spent in hospital

 

you need to know from the council if this bailiffs is collecting on a new liability order

 

when Kelcuo comes on later tonight she will write you a peach of a letter to send to the bailiffs company and the council don't send your letter just yet

 

Please calm down the bailiffs can do nothing they have not been in your house and there levy is invalid as it will not cover a portion of the debt and bailiffs fees

a letter for this also will have to be sent to the council and bailiffs firm

Edited March 26, 2010 by hallowitch

[thewakers7]

hiya kingfisher1 theyve levied on a car outside that means they dont need to enter into a property or for u to sign albeit its seems an invalid levy because they have levied upon a car that clearly would not manage to raise that at an auction so im suggesting that they are only levying on that car to pay for there fees only and not that of the liabilty order. The letter is good just b careful of typo's (im a perfectionist) lol, i no exactly what you are going thru, its a very scary and intimidating experience ul feel ur hitting ur head against a wall, my advice would be is keep ur chin up and fight this head on believe me i grew strength from this site and all the advice (knowledge is a powerful thing) these people are relying on ur weakness's and ur inability to understand fact from fiction, trying to scare u into beg stealing or borrowing to pay off the debt, theres a part that needs to be added onto ur letter about royal mail il try and dig it out, also i reccomend no further correspondence being taken by telephone, everything in black and white sent recorded and keep the receipt.

[hallowitch]

there should be bailiffs reference number on the notice of distress have a look and see if you can find the reference number for the debt you are paying this will tell you if its another debt

 

are you still paying the £25 month that you have been paying how have you been paying this do you have receipts have you had a breakdown of your account from the bailiffs for the account you are paying

[hallowitch]

you will need this letter to send to the bailiffs regarding fees

 

not 100%sure if there is a template regarding the levy on your car but i will have a look i think there may something that ploddertom has done before for the same situation if not someone will write one for you

 

 

"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 breakdown of charges 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"

[kingfisher1]

Thanks both of you. I am still paying the £25 a month and have never missed a payment or being late. I pay by card but its not from an account that has lots of money in, So I have all of the receipts and also bank statement. Ive looked and it is another debt. Im not too sure about this but i am sure the council can't hand over to the balliff until an offer to pay has been negated on, I haven't had the oportunity to make an offer to pay. I cant face phoning them I dont think I could handle it.

 

Sorry for the typo's brain is not working today.

[hallowitch]

Ive looked and it is another debt.

 

OK

 

send the council this e-mail

 

 

can you please forward the following information the date of the liability order for council tax arrears for the year 09/10 the amount of the liability order and the date it was passed to xxxx bailiffs for collection

[thewakers7]

This document is delivered by Royal Mail and I deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

 

just an insert for u, for ur letter kelcou will hopefully later to help with other templates.(shes had a busy few days) typo's is no problem on here lol im just thinking of when u send it off thats all lol. keep ur printer stocked with paper get lots of envelopes, and once youve copied everything get a ringbinder and file it in there for safe keeping organisation is the key, youl b fine

[kingfisher1]

Done it, thank you again I feel such an idiot but I feel like giving up.

[thewakers7]

u could include this link as well from a previous/different thread

 

Stress & Pregnancy, Fetal Affects, on MedicineNet.com

[kingfisher1]

"not 100%sure if there is a template regarding the levy on your car but i will have a look i think there may something that ploddertom has done before for the same situation if not someone will write one for you"

 

That would be fantasic. I forgot to say the debt is in my name not my partners, I dont work but he does.

[hallowitch]

scout about the INTERNET and see if you can get a rough price for your car using the make model and year and post the amount only on here it will help for your letter

[kingfisher1]

Ive had a look and I wasn't far off, the car is worth approx £290

Edited March 26, 2010 by kingfisher1
change

[hallowitch]

in your post 6 you have mentioned the bailiffs name can you please edit your post and remove the name

 

remove all information regarding the car except its vale in your post above

 

bailiffs do read these forms and this information could be used to identify you

[seanamarts]

Please please sweetie do not get stressed about this you are in the right place to get help and we will help you and be with you until the end of it all.

Get the letters sent off asap and then im afraid its just a waiting game to see if the council take back this debt, you have obviously proved that you are a willing payer so that should count on you behalf, please do speak with your GP and see if they will write a letter on your behalf to the council stating that the bailiff action IS detrimental to your health and they demand that the council take back this debt and further bailiff action should cease. YOU ARE VULNERABLE and the council need to be made aware of this, the bailiff has a duty in informing the council of your condition also. keep us informed and updated and we will help you through this.

[RaeUK]

Hi kingfisher, just to reiterate what everyone has said, this case needs to be removed from the bailiff and handed back to the council. The bailiff should have arranged to do this as a matter of course but has been derelict in her duty of care and placed you and your future little one at risk.

Nice letter you tweaked, btw, I'll just go and give it another little tweaking...

 

Best wishes

Rae

[RaeUK]

Ok, try this one...

 

Dear Sir

 

Reference number:

 

I am writing with regard to the above account relating to a Liability Order your company has been requested to enforce.

 

It would appear, from advice that I have received, my circumstances are classed as 'vulnerable' according to the National Standards for Enforcement Agents. The reason for this is that I am in the third trimester of pregnancy. As you may be aware this is a particularly sensitive period where health and wellbeing are paramount. Stress and pregnancy are a very fraught mix where there is real potential danger to both the expectant Mother and unborn child. You should be aware, via your visiting bailiff [insert name if known], of this and that I have a medical propensity for miscarriage. This latter means that it is vital my vulnerable nature is respected immediately for my unborn babies safety.

 

I will be contacting my GP and Midwife in order to obtain evidence of my pregnancy for you. This evidence will be forwarded under separate cover at the earliest opportunity.

 

In the meantime, please visit the following site for further information:

 

Stress & Pregnancy, Fetal Affects, on MedicineNet.com

 

As the current situation is having a much increased aggravated and detrimental affect on my health and I am very concerned for my baby, I would like to request that this account be referred back to XXX Council in order that an affordable and sustainable payment plan can be put in place. And that this is done with all due haste.

 

I also respectfully request that, in the meantime, your agents do not visit my property as this would cause further undue stress and anxiety.

 

I would be grateful if you would please confirm safe receipt of this letter.

 

A copy of this letter has also been sent to XXX Council for their information.

 

Yours faithfully.

 

 

 

Please note: This correspondence is being sent by both electronic and conventional mail.

 

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

 

You need to email a copy to the bailiff. Hardcopy by signed for. Email copy to Revenues Department of the council. Hardcopy to Head of Revenues with brief covering letter.

 

Phone / email your local councillor and MP.

 

I cannot stress enough that you do not need this hassle, you should not be having this hassle and the case needs to be away from the bailiff asap.

 

I have assumed you are in the third trimester. If not the letter is easily adjusted. You also mentioned another illness? What is that?

 

Best wishes.

Rae

[kingfisher1]

Thank you so much for that had a bit of a scare last night but all is ok, I will be seeing the midwife on Wednesday and will also be making an appointment with GP. I also suffer from a bad back and a genetic condition called Shmidtz. Its a type of dwarfism that normally doesn't bother me too much but being pregnant it does as it adds excess pressure on my lower limbs which are already fragile. What can I do regarding the car? It is in my name but it is my sons? Also it does not cover the debt but covers then bailiffs charges? I actually stopped thinking about it for a while this morning then BANG! there it is again. I think I would maybe cope a little better if I knew everything was going to be ok with baby and my daughter.

[seanamarts]

I also suffer from a bad back and a genetic condition called Shmidtz. Its a type of dwarfism that normally doesn't bother me too much but being pregnant it does as it adds excess pressure on my lower limbs which are already fragile.

 

Could you possibly point me in the direction for info about this complaint, it could be useful.

[kingfisher1]

Its quite a rare condition, its is officially called (please forgive the spelling) Shmidtz metaphsyl achondraplaisa, there isn't much on the net regarding it (last time I looked there wasn't) as there are so many mutations of dwarfisim, it is genetic so its a 50/50 if it is passed on to the baby and they can't tell if the baby has it until it is at least 2/3 yrs old (something else im worried about)

 

And the bad back was an accident I had a while ago, which until our local pct stopped them I had injections in my back to ease the pain. I can now only use paracetamol and a tens machine for pain releif.

Edited March 27, 2010 by kingfisher1
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