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    • Thanks Andy, There will be money left as they own their house. That's why I was thinking it may be cheaper to pay off the debts now, with a discount, rather than in full when the time comes.
    • No hard or fast rules ...if you have referred to it or intend to refer to it and rely on a document as evidence it goes on the list as an exhibit. No you can raise that within your statement but remember that sec 69 is at the discretion of the court a judge may allow the full amount claimed or reduce it to a lower % or none at all. Yes the claimant must serve their N265 on you...any document on theirs that you do not have you can request a copy and then use in your statement. Will it assist your defence ?
    • Hi all, I have previously been helped by the wonderful people on these forums, which helped me out of debt and to a much stronger position that I am in today, for which I am eternally grateful. My debts were all cleared, I now have no debt (apart from a mortgage) and an excellent credit file. I did also show my gratitude with a donation, which even if it helps just one other person out of spiralling debt, it would have been worth it. Sadly, my elderly parents did also run up some debts a few years ago, some through loans and some through credit cards. A few years ago, my father had a medical episode which has left him paralysed on one side of his body and now is confined to a wheelchair, and is pretty much non verbal (he can only manage a handful of words, and gets confused easily). I'm seriously not sure how far any County Court Action would get against him due to his current state, if any of the DCAs were to proceed down that route. Luckily nonw have tried, but can only think that any action would be discontinued by a judge. Before his medical episode he did set up a payment plan with some of the DCAs that were chasing him, which have continused being paid to this day from his bank account. They are literally minimum amounts, but obviously these actions have kept those debts current. However, some of the other debts have since become statutory barred due to the time elapsed since the last COA. My mum does have Power of Attorney over his financial affairs so can act on his behalf, with me as backup if god forbid anything happens to my mum. Their wills are set up for everything to go to the other should either of them pass away, and then to their children upon the passing of both of them, with myself being named as the executor on both of their wills. I have recently been reading up on the role of an executor, and part of the duties is to pay any outstanding liabilities before distributing the remainder of the estate. I have seen, in several instances, of a recommendation of posting about any death in the local newspaper column and the gazette to limit any future liabilities as executor in case of any debts that are unknown to myself. But this does lead me onto the debts I do know about. Am I right in thinking that the current debts that my dad has been making token payments on would have to be repaid in full to the DCAs upon his death? If that is the case, is it worth negotiating a full and final settlement, with a discount, on his behalf now? And with the debts that are statutory barred, am I correct in presuming that they would not need to be paid upon my dad's death as they wouldn't be legally enforcable in court? Thanks in advance for all of your help!
    • Hello AndyOrch For the n265 please would the below list of documents be sufficient ? 1. Pre-Action protocols. Claimant confirmation that they have not complied or have only partially complied (last page of claimants N181 Direction Questionnaire) Dated 16/04/2024 2. Copy of the Lease - Dated 4th September 1998 3. Statement of account (up to 1st Feb 2024) - Dated 20/02/2024 (This shows a slightly different balance to the one included in the Claim form as theirs was only up to 24th Jan 2024) 4. CPR 31.14 Request - Dated 28/02/2024   With regards to the Claimants claim for interest under Section 69 of the County Courts Act 1984 where the amount is incorrectly calculated due to the account balance and also appears to be duplicated, should I list their POC ? Additionally should I include any e-mail exchanges (I don't have all as some went to junk and auto deleted due to an issue with my e-mail account and I was reliant on my phone for seeing e-mails) ? I don't have the last e-mail that was sent prior to the claim being issued. I guess that I can ask the claimant for a copy of this one ? The claimant has refused to action the CPR 31.14 request.  Regarding the Section 20 notices relating to the major works, should I include if we have a copy ? Is there anything else that I should include in the list relevant to our defence ? Will the claimant send us a similar list via N265 ? They did include a Continuation Sheet with their N244 giving a background of the case. Just wondering how we know all of the documents that they will rely on.   As always really appreciate any help and guidance that you can provide.
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Rossendales Bailiff - a positive experience (!)


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hiya!

 

I popped on here after trying to get some info on rent deposit/property maintenance etc and noticed a few threads in this section on rossendales bailiffs.. thought I'd chime in with a positive (!!!) experience I had with them

 

well, maybe not positive (at the end of the day I still had to pay up), but nothing like the stories some people have told

 

I'd never dealt with bailiffs before, so I had no idea what to expect... (I always had a mental picture of big scary guys who come round and try to leave with your telly)

 

long story short, I owed a fair bit of council tax... ignord it and hoped it'd all go away (it didn't). I got a letter through from rossendales bailiffs, giving me all the legal info, stating my rights etc

 

I gave them a call and made arrangements to pay it in installments... they were really friendly, and didn't try to pressure me to pay more than I could afford

 

am not trying to paint them 'whiter than white' but you've got to tell it like it is... I don't expect to be treated like a criminal for owing a few hundred quid council tax, and fair play rossendales, they didnt

 

so that's my painless rossendales experience - not very exciting eh? :) anyone else had any dealings with them?

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I guess if you owe the money then Rossendales bailiffs are entitled to pursue you. People who don't pay council tax cost everyone :-x (who do pay it) more, so I can understand why councils make an effort to pursue those who evade their responsibilities as otherwise they would not be able to provide services to those who really need them.

 

Pay your council tax on time like everyone else and these companies wont bother you, its really easy.

 

;)

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BB

 

That's a bit naive frankly. Some people, believe it or not, experience temporary financial hardship beyond their control. Like for example, when your boss robs the company's assets and you turn up to locked gates instead of a job. Some people, believe it or not, get ill.

 

In all these cases, your caring sharing local authority will demand THE FULL YEARS CT in advance if you missed say the second and third payment.

 

EDIT - On the other hand, I should add that i sometimes find "oops! i forgot to pay four years Council Tax" a little beyond belief!!

Edited by Thegreenpimpernel
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You can ALWAYS talk to the people you owe money to, local council included.

 

If you get into difficulties for what ever reason there is always someone to speak to. They will work hard to help (they want the money even if its late) way before it ever gets anywhere near bringing in the baliffs. What they don't do is allow you to ignore repeated letters, phone calls etc.

 

Baliffs are a last resort for people who just don't want to pay their way. You have to take a stand at some point otherwise nobody would pay.

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I think depends on the 'luck of the draw' of who you are dealing with. My experiences vary from good (as you describe) and somewhat less good, like "i don't give a **** i want my ****ing money or i'll *****ing bankrupt you"

 

The public / banking sector equivalent is to reply:

 

"the money IS due"

 

to everything you say, even when you inform them the debtor is undergoing chemo!!

 

Not everyone is as understanding as you seem to be.

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It is important to note the distinction between DCA’s (debt collection agencies) and bailiffs. It is also important to note the differences that apply between certain fines even though they collectively come under the umbrella of Magistrate Court fines.

Each bailiff must be certificated in order to collect rent arrears, council tax arrears and certain other debts for example parking fines and speeding fines. The certificate is issued by a County Court Judge and is usually renewed every 2 years. In order to obtain a certificate, the bailiff must lodge with the court a bond or other security to the value of £10,000.

To check to see if a bailiff is certificated simply telephone the Ministry of Justice on 020 3334 3555 and give them the name of the bailiff and the company he is working for, or check online here Certificated Bailiff. They will be able to tell you which court issued the original certificate and you can then call that court and check the details further. However, please note that there may be administrative delays and if a search reveals that a bailiff is not listed as certificated then you should inform the bailiff that a search of the HMCS on-line Certificated Bailiff's Register does not include him. You should then request a copy of his certificate, or have him confirm which Court granted his certificate and when.

A company trading in debt recovery must have had at the time of collection a Category E Consumer Credit Licence pursuant to Section 21(1) of the Consumer Credit Act 1974. Since July 2008 this has changed to Category F.

Bailiffs do not have the power to arrest anyone, only the police have that power.

The behaviour expected from a bailiff when carrying out his duty is very carefully laid out in the “National Standard for Enforcement Agents” which, among other things states that:-

- “Enforcement agents should always produce relevant identification on request, such as a badge or ID card, together with a written authorisation to act on behalf of the creditor”

- “Enforcement agents must carry out their duties in a professional, calm and dignified manner. They must dress appropriately and act with discretion and fairness”

- “Enforcement agents will on each occasion when a visit is made to a debtor’s property which incurs a fee for the debtor, leave a notice detailing the fees charged to date, including the one for that visit, and the fees which will be incurred if further action becomes necessary. If a written request is made an itemised account of fees will be provided”

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I'm with BarnoldswkBob -

 

Everyone has to pay council tax and those who don't are not contributing to society.

 

From what I hear Rossendales are actually one of the better companies - they give you notice on what you owe and if you call them they will tell you the law and what your options are.

 

That said obviously having to deal with any bailiffs is not going to be a pleasant experience due to the nature of the business.

 

End of the day everyone thinks that they are an exception or that their circumstances are different, but when it comes down to it you owe what you owe and if you are ill and your doctor can provide evidence of this you can get time off work, benefits, etc!

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There's a big difference between 'don't' pay and temporarily 'can't' pay.

 

You'll find that those who "don't contribute to society" don't have to pay it in the first place.

 

I don't see how adding extra cost (which does NOT go to the council), harassing and removing peoples means to get to work, helps any one (including wider society).

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Some people in here make it sound oh so easy:rolleyes:

Councils cock up, Fact!! Then take their time to get it sorted, by then its often far too late.

Councils are far to eager to get the bailiffs involved because its easier for them to pass the buck.

Councils dont give people enough time to sort their financial difficulties out and get liability orders out within two months for non payers and then its for a full years worth of CT not just for the amount that is owed.

Its the councils who waste the money in the first place on frivolous things and poor investments, where the CT payers foot the bill for.

If the councils paid more attention in their budgeting and their own financial debt the CT payers would be paying less CT at an affordable rate instead of what we are paying now.

Try putting yourself in the shoes of the poverty stricken who are not entitled to benefits because they earn a penny over the required amount to qualify. what would you choose? feed your kids or pay the CT, I know which one I would choose.

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Dont feed the trolls, they are getting fat :p

awww and I wanted to play;)

I have come to this conclusion that bailiffs are scavengers and parasites, feeding off the poorest of the poor and will take what they can just to get what they can at any cost, and its what they want to do. How sad their lives must be.:lol:

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Rossendales must be getting desperate - good! I notice they seem to be leaving the odd comment on the whocallsme boards as well.

 

"Everyone has to pay council tax and those who don't are not contributing to society." - What exactly is this supposed to mean? Not everyone does have to pay council tax, but everyone (through VAT) does contribute to society. You'll have to come up with a better statement than that.

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Everyone has to pay council tax and those who don't are not contributing to society

I missed that!! And I find offense to that statement spottedp. I do more than my fair share to society. What a lot of verbal diarrhea you spout.

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"Everyone has to pay council tax and those who don't are not contributing to society."

I dont pay council tax but i contribute to this society!!!

So much so that i even put my life on the line for this society, same as many of my comrades.

hello all:-)

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Dont feed the trolls, they are getting fat :p

 

We seem to be getting a few lately, do you think they come out and play more in the spring?

 

Oh dear, bailiffs have never been that bright... :rolleyes:

 

Best wishes

Rae

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I too have had very possitive experiences with Rossendales(Proud to be Professional) and rightly so. By their choosing to make all visits and hand deliver all paperwork intended for me to addresses other than mine they have protected me from the headache of opening my door at 07.15 to a bailiff and a van. I have also saved the expence of taking out a front page spread in my local newspaper, informing my fellow residents of my financial status as their bailiffs ensured that my sensitive personal date was presented in concise terms without the need for respecting the Data Protection Act. I say we need more of these civic minded people. The down side is Rossendales(Proud to be Professionals) Expect me to pay for this service, but it's a small price considering the peace of mind it brings.

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