urgent help needed with rossendales council tax signed walking possesion

[kjcdal]

hi hope somebody can help have a counicl tax debt with rossendales, i have signed a walking possesion and he has leved on a tv that is on finance and a old table and chairs and a couple of other things that are worth nothing, there was agreement set up for £150 a month which made the first month fine but now second month cannot afford to pay as my partner has a court fine over a thousand pound that we are paying £250 a month back explained this to rossendales and offered them £75 a month as he only works part time and we have 4 children and i dont work she will not accept anything and is saying that £150 is the minimun they can accept i rang the council and told them she is refusing my offer and they spoke to there recovery team and they said just to carry on paying the £75 every month to rossendales and see what happens they might send it back i asked the council can they force entry as i have signed the walking possession order but she said no they can only gain peacefull entry is this true or are they allowed t force in as i signed the agreement any hep would be greatly appreciated thankyou

[ploddertom]

Can you list in detail what is on the WPA? Are you on any Benefits or does anyone in the household have any illnesses/disability? Did you inform the Bailiff at the time the TV is on finance? have they left details of what charges you have incurred?

 

PT

[kjcdal]

hi on the wpo is 40 inch plasma which is actually 50 inch but is on finance in my mum in laws name, lg dvd system that we no longer have, glass tv stand old dining table and 4 chirs and bookcase, i didnt even know he wrote these down i just signed the form not realising, i have told rossendales that the tv is on finance and they have said if a baliff comes to remove goods then will have to showproof which we can do the charges are first visit fee 42.50, levy fee 36.00 walking poss 12.00

[kjcdal]

sorry also the walking possesion says 14 days next to it dont know what that means .x

[ploddertom]

I'm not trying to pry but how have you disposed of the DVD system. As it was listed on the WPA it legally belongs to the Bailiff and means you are not allowed to sell or otherwise dispose of it - however if it was on finance and handed back to the Finance Co then that is a different story, If your chairs were taken would you still have enough seating for each member of the family?

 

PT

[kjcdal]

hi we havent sold it we got into difficulty and had loaned it to cash converters i didnt realise ehat they had put down didnt even read it was just trying to sort out the re payment with the company also we have lg speakers so he could of people meaning those not quite sure, we are a family of 6 we have a large and a small sofa so so we could all squeese on i suppose but we have 6 dining chairs he has only put 4 down do you know if he can break in or are the council right by saying he cannot

[kjcdal]

also in your previous post you mention illnesses or disabilities i have been under my gp and was refered to a cardioligst due to heart and breathing pains which has been put down due to anxiety and stress but have never mentioned this to the council as they might think i was lying and should have said in the first place dont know if it will help

[kjcdal]

any help please

[ploddertom]

Chances are the levy will stand as you did not point out the TV being on finance at the time - the Bailiff was not to know this so genuinely assumed it OK to levy - he still can't touch it however. It would appear you have been left enough seating for the rest of the family so that is not an issue either. As for your illness - unless you have been diagnosed with cardiomyopathy or in need of say a bypass that is also something else you probably can't use either.

 

At the end of the day the bailiff wants cash and not goods. Any goods removed must cover:

a - the Bailiffs costs

b - removal costs

c - auction & auctioneers costs

d - a proportion of the debt owing

With the remaining goods on the levy this is not likely to happen. There is also a chance that the table and chairs levied on could be classed as exempt goods with you having a large family - how old are the children? A list can be found at http://www.consumeractiongroup.co.uk/forum/newreply.php?do=newreply&p=3129538

 

In theory the Bailiff could force entry to your home, however this is very unlikely as he has to go back to Court to obtain an Order allowing him to do this and this is very rarely given. If the Bailiff is being inflexible and the Council being their usual unhelpful selves then you should contact your local Councillor to help you. It appears to me that the size of your repayments are rather excessive and should be at a much more affordable rate - this is where your Councillor should be able to help.

 

PT

[kjcdal]

hi thankyou for your help i will try and call the council again today and see what they can do the children are 14, 10, 6 and 2 when you say councellor do you mean i should right to them explaining the situation they want 150 a month ive offered them 85 which will mean the debt is cleared by the new tax year but they just wont budge maybe its because they know they have a wpo allthough all the stuff they have noted down will not even make £100 so there will be a big loss i did tell rossendales this and she said they would still take it and i would be left with the remaning bill to them

[wonkeydonkey]

You will find details of your local councillor listed on the council site for your area. You can ring or email him/her and ask for them to approach the council as in PT's post. As it has also been said they are not at all interested in taking your goods, they want cash. Meanwhile, make the payment you have offered direct to the Council via their online payment system and keep on paying it that way until you get a reply from the Council.

They cannot refuse to accept your payment as they must collect the tax by law, of course they will tell you differently and the bailiff would lie to sell his/her own mother as a virgin !

 

WD