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Hi,

I'm posting for a friend of mine as she doesn't have acess to internet.

Here's her situation,

 

My friend has found herself in trouble wth this years (£889) and last years council (£500), the council sent her forms to fill in for the years seperate years, these were just a basic form for her to give details of her and her partners employment, these forms had to be sent back within 14 days which was immpossible as the dates on the letters from the council were dated wrong but being frightened of doing anything else wrong and not wanting to speak with anyone on the phone she never questioned this and just sent back the forms anyway even though they were late.

She returned home from visiting family for a week on 1st October (last Friday) to find a letter hand delivered on the 30th Sept from Rossendales Bailiff. The letter was headed in bold "Notice of Bailiff attendence" then what the debt is for and then the amount she owes (£889), it says:

"I have called today with the intention of seizing your goods and chattels as are necessary to discharge the above debt".

"If you cannot pay this in full you should be aware that even at this late stage with an initial payment of £140 you can still pay by instalments".

"Please call me immediately to disscus this".

So she is asking what to do next as she has been trying to get in touch with our local CAB with no luck which is why it's taken this long to post.

I've been in this situation myself a few year back but I stupidly let them in and I've said i did the wrong thing by doing that so I told her I got good advice from here and I'd post for her.

Also just in closing I had two accounts that were passed to Rossendales and I was told by their van bailiff that they definately wouldn't allow you to have two accounts at the same time and I had to pay one off in full otherwise my goods would definately be removed, I'm only asking this because as you've read above my friend has two accounts in arrears and as the council have passed one to the bailiffs even though she posted the form back to them it's only a matter of time until the next account of £500 is passed to them

I'm so sorry if this post makes no sense but it seems so much harder to write than say :???:.

Thanks in advance for any help x

 

ps, The initial payment of £140 which they mention is a tempting offer for her to be allowed to pay by instalments but would take her 3 weeks to save up, and also I did say I thought this would mean most certainly letting them in and signing a walking possesion order? She like most of us in this situation is obviously terrified at the prospect of being sent to jail :sad:.

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I'll have to be brief or I'll get ear ache for being on here on a Sunday!

 

First, your friend will have to try a lot harder to get sent to prison. She's not within a mile of that at the moment (note the "whoops I forgot to pay my council tax since 2005" stories on here).

 

Second, assuming she is able and capable of keeping up the 'don't answer the door, car away from house' siege mentality, she can offer an amount / month without the walking possession. If the bailiffs refuse then pay the council direct through their website.

 

Surely it's the £500 that's gone to bailiffs if that's the older one?

 

Regardless, she needs to stop worrying, adopt seige mentality and work out a payment plan that a) stops the newer account going to bailiffs (priority) and b) reduces the balance on the older debt. If she does thing right, they will soon clock up the £42.50 max charges (assuming you prevent them levying) and back off.

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Hi, thanks for replying,

 

It's definatley 'this years' council tax that has gone to bailiffs as she posted the other form to the council for last years just before she went way, so it wouldn't of even reached the council by the time the bailiff knocked, if that makes any sense??

She doesn't have car and the garden is completely enclosed on all 4 sides so they'd be hard pushed to get in there.

Do you know if it is true about not being able to have 2 accounts with the bailiffs or was that just rubbish because he did also tell me he was arresting me pretty much at the same time when it happened to me?

 

Thanks again x

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Multiple accounts at the same time:

 

They certainly can, and do, quite frequently. The scumbags don't like to do it because they are only allowed to hit you for one set of fees regardless of how many accounts they are chasing.

 

"he did also tell me he was arresting me pretty much at the same time"

 

Utter garbage. You would only get arrested if it got called back to court (scarily called a committal hearing, but more a means test and order to pay) and refused to turn up to explain why you haven't paid. If you are paying the council somthing (even against their will via their web site) it's unlikely you will even get recalled to court.

 

If someone is daft enough to push things that far, "being arrested" would usually consist of the POLICE knocking on your door and saying "can you please pay this, or get someone to pay it for you or we'll be back to arrest you".

Edited by Thegreenpimpernel

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I'm also having problems with Rossendales and have never understood why I have two separate accounts with them (unless it's for two separate council tax years), I've e-mailed my Council to ask how many liability orders I have but the information I got back was next to useless.

 

removed inappropriate sentance

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I'm also having problems with Rossendales and have never understood why I have two separate accounts with them (unless it's for two separate council tax years), I've e-mailed my Council to ask how many liability orders I have but the information I got back was next to useless.

 

removed as per copied post

 

 

why don't you start your own thread

if you have 2 debts with rossendales for council tax they must have 2 liability orders

 

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=168

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Hi thanks all for the replys. She gets paid tomorrow so she is gonna make a payment of £40 direct to the council electronically but is still a little worried what will happen when Rossendales send the debt back to the council? As we're assuming saying as they wont be able to gain access peacefully they'll not be able to gain access at all and they'll not be able to fill in a walking possession order so what happens next. We're also assuming that the council wont just take it lying down and just accept that she's making a weekly payment, will she be summond to court for a commital hearing? Whilst she is gonna make a £40 payment per week I cant see them just accepting this without, well I suppose what i'm trying to say is that would just be too smooth if they just thought 'oh look she's makin payments so we'll leave her be' I think she's expecting something really bad to happen :-S x

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Hi can anyone answer questions above? Just to make it seem clearer.

Thanks in advance x

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she wont get summonsed to the court for a committal hearing

 

that only happens if you wilfully refuse to pay

http://www.legislation.gov.uk/uksi/1992/613/regulation/47/made

(2) On such application being made the court shall (in the debtor’s presence) inquire as to his means and inquire whether the failure to pay which has led to the application is due to his wilful refusal or culpable neglect.

 

tell her to keep the bailiffs out and to pay the council xx per week /month and not to miss a payment and she will be OK

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I'd get her to go to the council and pay it diretly to them over the counter, and tell them of the offer at the same time ( ask to speak to someone in recoveries). They will almost certainly be ok as long as it is being paid.

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