Rossendales Visit Today For Council Tax Arrears

[The Prophecy]

Hi there to cut a long story short we have £810 owing in council tax arrears had a letter come about a fortnight ago and said it was a liability order from our council and for us to fill it in to see wether they could make an attachment of earnings on my wifes job and income.

 

Never thought anymore just that we would probably have a letter from the council to say what was happening,but no instead a rossendales bloke knocks on the door today saying it has been to court and we owe £810.Tried to explain to him that as far as we where aware we where expecting to hear something from council and told him about this form we filled in and basically says he will give us a couple of days before coming back to see us.

 

Have not been having a great year of it to be honest things just seem to be getting worse and worse all the time.

 

I haven't worked for the last 8 years due to my back condition Ankylosing Spondylitis is its correct name so have to attend hospital quite a bit with my condition and have to inject myself twice a week with medication.I receive Incapactiy benefit and a low component care dla if that makes any difference to the situation.My disease is at quite a significant point i would class myself as in the worst stages of the disease have also had 2 operations on my back the last one being a bone graph from my pelvis put in to my spine to try and strengthen it.I do struggle getting about,but some days im not to bad and other days are worse,as i don't really know what sort of day i am going to have until i actually wake up and start trying to do things.

 

Have put these details again as last time we had a similiar problem people said about my situation as vulnerable and that i could do something along them lines

 

Look forward to some help with what we can do next,last time people were very helpful on here.Thanks.

[seanamarts]

It is possible that the debt can be handed back to the council from the bailiffs due to the fact that you are disabled.

You would have to let the bailiff company and the council know this as under the national standards of enforcement agents you are potentially vulnerable.

Do you have any other benefits coming ie child tax credits, family tax credits etc.

Are you able to start paying an amount off of the arrears, you can start paying the council via their online payment facility, this will show that you are a willing payer not a non payer.

[The Prophecy]

It is possible that the debt can be handed back to the council from the bailiffs due to the fact that you are disabled.

You would have to let the bailiff company and the council know this as under the national standards of enforcement agents you are potentially vulnerable.

Do you have any other benefits coming ie child tax credits, family tax credits etc.

Are you able to start paying an amount off of the arrears, you can start paying the council via their online payment facility, this will show that you are a willing payer not a non payer.

 

Yes we have 3 children and get child tax credits and family tax credits,yes would be able to make a payment online next monday.On the rossendales bit of paper he gave us on there it says they would be willing to some sort of payment i think it says 110 pounds.Which i know isnt a huge amount but just before xmas it is an amount with which we would have difficulty finding.Thanks for your reply.

[wonkeydonkey]

There are approx 18 weeks to the end of the financial year, I estimate that if you can pay the Council £45 pw on their online payment system the debt will be more or less discharged,allow in total an extra £24.50 for bailiff 1st visit and £18 should he call again, after that he can call as many times as he likes but he cannot charge you for more than two visits. Do not let him into your home under any circumstances and if you have a car that is not on finance make sure you move it well away from your house. There is no law that says you have to deal with the bailif and if you make regular payments to the Council without default the bailiff can foxtrot oscar.

 

WD

[Tingy]

Good advice Donkey. Also, if you simply cannot afford that amount they can and do carry it over to the next financial year, though obviously you need to work out carefully what you'd offer at that stage as you'd be paying both the arrears from this year AND next years.

 

The main aim is to establish a regular repayment with the council (don't pay the bailiffs a penny) and pay online. No point yet asking them to take the debt back unless you feel you would definitely fall into the vulnerable category as they will lie to you and say they can't. They will eventually, but they'll want to be pretty sure you're going to keep up repayments.

[The Prophecy]

Quick update sent a letter away over xmas showing our outgoings and income,and after working this all out we have approximately £100 a month left over which we still have to use for kids clothes etc.

We had made a payment through our bank to rossendales for £50 as a gesture of goodwill and hoping to sorth this out,and on the expenditure we put that the most we could afford is £50 a month.

But we received a letter from them yesterday stateing that the least they would accept is £170 a month,there is no way we can pay this amount so wondered what would be the next step to take,any help as always greatly appreciated.Thanks.

[sillygirl1]

Get onto your local CAB office and get them to talk to Rosendales, they can get them off your back. Complain directly to the Chief Executives Office of the council as well and to the local MP. You are clearly vulnerable and should possibly have council tax relief as well....

[ploddertom]

You can pay direct to the Council using their website or automated phone - there is nothing that says you have to speak to or otherwise deal with a Bailiff. When he comes again tell him where to go, yes he'll get upset but so what. Has he ever been in your home or otherwise seized any goods? Did you ever write to both Council & Bailiffs advising your medical condition & the fact your income only consists of Benefits. It may be that the Council may be able to deduct payments at source.

 

PT

[The Prophecy]

Yes we had a liability order come asking us to state what money we had coming in,heard nothing from the council and then we get rossendale bailiff knocking at the door,so the council know the position we are in.

 

To top it off now the car has failed its mot and needs £400 plus spending on it and has had to now sit on the drive as we can not obviously afford this at this time,if he comes round again how do i stand if he wants to take the car as we couldnt leave it on the road with the mot not valid.Just seems one thing after another at the moment,will have difficulty not being able to get to hospital appointments and blood tests etc without having the car as it is.

[brassnecked]

Yes we had a liability order come asking us to state what money we had coming in,heard nothing from the council and then we get rossendale bailiff knocking at the door,so the council know the position we are in.

 

To top it off now the car has failed its mot and needs £400 plus spending on it and has had to now sit on the drive as we can not obviously afford this at this time,if he comes round again how do i stand if he wants to take the car as we couldnt leave it on the road with the mot not valid.Just seems one thing after another at the moment,will have difficulty not being able to get to hospital appointments and blood tests etc without having the car as it is.

 

 

As you suffer from a degenerative condition that adversely affects your mobility, it may be worth applying for the Mobility Component of DLA, if you are given High Rate you could get a lease car through Motability that the bailiff could not touch.

 

As you have a disability you are potentially vulnerable, and the council and bailiff should treat you as such.

 

Email, your local councillor, MP you can find their details on http://www.writetothem.com/

 

and copy in the CEO and Head of Revenues of the council, as you have issues that may make bailiff action unsuitable.

[The Prophecy]

Thanks for the quick response if the car is behind closed gates on my property ie: the drive are they allowed to still try and take the car????

 

Will do as mentioned many thanks keep you all posted.

[brassnecked]

Thanks for the quick response if the car is behind closed gates on my property ie: the drive are they allowed to still try and take the car????

 

Will do as mentioned many thanks keep you all posted.

 

I think they probably are if they have levied correctly on it, for general info whilst waiting for those who know more to post you could check CAB guidelines here:

 

http://www.adviceguide.org.uk/index/your_money/money_management_index_ew/action_your_creditor_can_take_index_ew/bailiffs_index_ew/letting_bailiffs_into_your_home.htm#what_if_the_bailiffs_force_their_way_in

 

But others here will have more specific advice, on how to proceed imho

[The Prophecy]

As far as i am aware we havent had any paperwork stating there was a levie on anything.

[brassnecked]

As far as i am aware we havent had any paperwork stating there was a levie on anything.

 

Has the bailiff posted anything through the letterbox, and if he has, has he scribbled a list of property on the back?

 

I feel that others will be along with specific advice soon. Try not to panic, and do not let them in under any circumstances.

[The Prophecy]

He handed us a letter when he first knocked on the door but i'm sure that there wasnt any list of any property at all im sure it was just stateing a liability order,we didnt let him in when he first called so would not of been able to see any of our property.

[brassnecked]

He handed us a letter when he first knocked on the door but i'm sure that there wasnt any list of any property at all im sure it was just stateing a liability order,we didnt let him in when he first called so would not of been able to see any of our property.

 

Double check it and make sure, as the contents will dictate the next step, and you will need to post up certain details for the others to advise you further

[ploddertom]

You can pay direct to the Council using their website or automated phone - there is nothing that says you have to speak to or otherwise deal with a Bailiff. When he comes again tell him where to go, yes he'll get upset but so what. Has he ever been in your home or otherwise seized any goods? Did you ever write to both Council & Bailiffs advising your medical condition & the fact your income only consists of Benefits. It may be that the Council may be able to deduct payments at source.

PT

 

PT

[ploddertom]

I can nearly guarantee they will place a levy on the car thinking:

a - it increases their fees

b - that it will make you cough up pronto

 

They don't know it has failed its MOT and is therefore practically worthless. It is in your own interest to notify Council & Bailiff of your medical condition, if necessary employ you local Councillor to intervene.

 

PT

[The Prophecy]

Right have used a template that rae on here helped me do for something else we had trouble with,have re-arranged some bits and edited some bits,do you think this will be ok to send off to them.

 

 

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.

 

After sending you back the income and outgoing statement you asked for, we received a response from yourselves that the amount you wanted a month was a £170 which is not feasible at all if you had cared to look at our income and outgoings properly. We therefore have had to look in to this in more detail and seek professional advice.

 

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 my husband suffers with ankylosing spondylitis. As you may be aware, ankylosing spondylitis is a serious, progressive and painful condition principally afflicting the spine. As a consequence, the Department for Works and Pensions have awarded him Disability Living Allowance and Incapacity Benefit. He has been unable to work for the last 8 years. As he is no longer able to drive, he is reliant on myself and my car for transportation to his GPs surgery and hospital appointments.

 

 

Please visit the following site for further information: Ankylosing Spondylitis - DWP

 

 

As the current situation is having an aggravated and detrimental affect on his health, I would like to formally request that this account be referred back to Kettering Borough Council in order that an affordable and sustainable payment plan can be put in place.

 

I also respectfully request that, in the meantime, you do not visit my property as this would cause him 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 Head Of Revenues at Kettering Borough Council and our local MP for their information.

 

Yours faithfully.

 

 

 

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

[ploddertom]

I see not much wrong with that but would make the observation that rather than just sending the Council a copy I would send one actually addressed to them.

 

PT

[sillygirl1]

Copy in the Chief Executives Office and head the letter "OFFICIAL COMPLAINT OF BAILIFF PROBLEM"

[The Prophecy]

Just a quick update have emailed council and rossendales this morning and have printed out hard copies to follow to all of them have had a response back from council.

 

They have said that they will pass it on to there head of income and debt management to investigate the points i have raised and will get back to me in full at her earliest convenience.

 

So will keep you posted many thanks for peoples comments and help on this i really appreciate you taking the time and effort thank you very much.

[Tingy]

Hopefully that will work to your advantage. I wound one up last week where the Head of Revenues had effectively condoned the bailiffs' charges. The subsequent letter to the CEO pointing out I couldn't write to the Head of Revenues as he clearly did not understand his job and was going to get the council into serious trouble with a few relevant bits of legislation quoted were all it took to have it taken from the bailiffs.

 

The council staff do try and stick up for the bailiffs as far as they can, but there comes a time where by doing so, they lay the council open to serious litigation, and that's the time to go for the kill!

[The Prophecy]

Another quick update just received a email from rossendales it reads:

 

 

Thank you for your e-mail.

 

Following contact from our Client, Kettering Borough Council, we have been asked to hold action for 28 days while the Local Authority look into the matter further.

 

Once we receive further instructions from our Client, we will contact you. In the meantime, while the case is on hold, no recovery action will take place.

 

 

Yours sincerely,

Customer Correspondence and Welfare Officer

[ploddertom]

To keep the pressure up on the Council get your Councillor(s) working for you.

 

PT