Rossendales Council Tax Recovery

[reco]

Hi,

 

After non payal of council tax, my girlfriend set up a payment scheme after letting a Rossendales representative in, and only payed once. Another representative (bailiff) turned up today and explained that the full amount plus £120 for knocking on the door is due tomorrow or they start taking stuff. Is it too late to go back to the council and sort it with them? Is there anything that can be said to Rossendales to stop them? What happens if I don't let them in? Can they contact the DVLA to check ownership of any vehicles? Any information in relation to bailiff procedures and protocol would be greatly appreciated

 

I realise this is a bit heavy and a lot of questions to ask for a first post but we need all the help we can get.

 

Thank you in advance.

[hallowitch]

can you tell me what goods the bailiff levy when he was in your house

 

whats the amount of the liability

 

 

don't worry the bailiff wont/cant remove your goods tomorrow

[lordsugar]

When you let them in did you sign the paperwork if so you probably gave them a walking possesion order so they can return at any time if you fall into arrears, if they levied on your goods and at that time did not charge you a bailiff fee they can charge an attendance to remove there is some dispute as to whether this needs to be with a van or not. If they did charge on the levy visit the £120 IS UNLAWFUL. Ultimately you need to contact the council as they "own " the account and they can instruct the bailiif accordingly.Finally if you dont open the door they can gain entry. They can use DVLA to establish ownership or use the council themselves as tey often have a lawful police contact. If the vehicle is on finance or needed in the course of your work or to travel to work mostly they cannot take it however if you "hide" the car they wont be able to ...

[reco]

Hi,

 

Thanks for your replies.

 

There was a charge for the 'levy' visit, two in fact. One for turning up for payment and not getting any and another for the inspection of goods on another visit.

 

I'm not sure what you mean by liability.

 

What should I do\say when contacting the council? Would it be wise to contact the CAB and start the ball rolling on that front so I can tell Rossendales that?

 

Also, what is the difference between a Magistrates Liability Order and a Distress Warrant?

 

Is it worth ferreting stuff away in case they can force their way in?

 

Thank you again for your help.

[hallowitch]

have you ever let a bailiff into your house

 

have you ever been left a notice of seizure listing goods belonging to you (could be your car ,garden furniture ,goods in your home

 

the council take you court this results in a Magistrates Liability Order this allows the bailiffs to levy distress

[lordsugar]

After the levy the visit fees should gave £42.50 if they returned a third time they can add a further charge under section c which states for one attendance with a vehicle with a view to the removal of goods (where following the levy the goods are not removed) this could be your £120 fee. There is no fee for inspection !!!

The liability order means that the courts agree that you own it and they issue a Liability order a bit like a warrant, distress means a debt that hasnt gone to court they act under common law.A distress warrant however means the court have issued it for rent,income tax etc.They could force entry but they have to be able to sell the goods and cover the costs of removl storage and auctioneer fees and most impoertantly A MEAINGFUL AMOUNT OF THE DEBT. So the bigger the debt the harder it is to remove . The C.A.B cannot stop the bailiff but can appeal to there better nature if they have one.

[reco]

Hi,

 

Thank you for your replies.

 

The second visit was to arrange a payment scheme, the woman was looking around the flat but didn't actually make any notes or inventory as to the contents, so they don't have a list of things they can take. We have shifted anything worth anything out so there is no way they can make any reasonable amount back, but I'm sure that won't stop them trying.

 

I will be phoning the council tomorrow morning but am not entirely sure who I should be talking to or what I should say should I actually manage to find the right person. Any help here would be grand

 

Thanks

[lordsugar]

If they only set up an arrangement and did not list goods then they may well not have a valid levy or have one at all so have they no power to enter your premises. When you call the council you need to ask for the recovery team or the court section with regards to outstanding council tax my advice would be NOT to be on the offensive but try to explain to them the issue and explain you wish to continue with your payments.