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    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
    • You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.
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i've not yet received a reply from the CT dept at the council yet.

 

I would contact the council, and ask them to take it back and attach to benefit, tell them that you don't trust Rossers to be fair and equitable, and that you would have peace of mind knowing rossers were off the case, and the council were getting their money directly.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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"Thank you for your email.

I have spoken to the council and to the bailifflink3.gif in charge of your case and re called the account back from the bailifflink3.gif. Now that you have provided proof of income we have set the instalments on your account to £5.00 per week.

We will not return the case back to the council and we do not carry out attachment of benefits.

 

You will receive confirmation in the post of the arrangement and your first instalment is due on the 3rd February 2012. "

 

I mentioned on the email that the letter from the bailifflink3.gif did not have any balance amounts on it, and as you can see, they've not said in their reply how much they are 'expecting'.

 

How should i reply to this?

 

Reply

Thank you for e-mail Dated 00/00/12

 

May i point out that i did not ask rossendales to to carry out an attachment's of benefits I am fully aware that only a local authority can perform this task under current statutory legislation

 

i ask for the debt to be returned to to the local authority so they could implement this action as per the Council Tax (Deductions from Income Support) Regulations 1993.

 

May i also point out that the national standards for enforcement agents 2002 (amended January 2012 ) would suggest i was a vulnerable debtor

 

You state in your e-mail that you have spoken to to the local authority regarding this debt

 

It would appear from your correspondence that the local authority are not taking this debt back as you are continuing to collect payments

 

A copy of my previous e-mail was forwarded to the local authority however i have not had a reply from them to confirm they are refusing to return this debt under current legislation

 

I am again asking you to return this debt to the local authority or ask your client to confirm that they will not be seeking and attachments of benefit's and payments should be made to rossendales

 

check this over carefully and think twice before sending it because I'm hopping mad how dare they you are clearly a vulnerable debtor

Why should you pay card fees to pat this debt when the cheapest and easiest option is deductions from benefits :mad2::mad2::mad2::mad2:

Edited by hallowitch
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i've not yet received a reply from the CT dept at the council yet.

 

Try upping the ante, contact your local Councillor(s) and ask them to intervene as the Council are being lethargic and the Bailiffs are intransigent. If your Councillor appears reluctant or refuses then go over their heads to the Leader of the Council and his opposite number. In my view your Councillor should be contactable 7 days per week up until 9pm - best done by phone.

 

PT

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Time for a Formal Complaint to CEO copied to leader, councillior and MP also, as you are on JSA you ARE VULNERABLE, so the account should not be stilll with rossers. Who the hell do rossendales think they are flouting the regs,

 

Like Hallow I give Rossers a big :-x:-x:-x:-x

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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I waited a few more days to see if the CT dept would reply to my original email, they didn't so i sent a second email, as hallowitch suggested. I copied in the council - i sent it on monday and just received this reply from Rossendales -

 

"Thank you for your email.

 

Our Client have advised that the debt will not be recalled for an Attachment of Benefits to be served.

 

Under the Liability Order that has been granted, an attachment of benefits/earnings is only one of the methods of recovery the Local Authority may use to recover the debt. The serving of an attachment of benefits/earnings is at the discretion of the individual Local Authority and cannot be requested by yourself. The Local Authority may choose to recover the debt using other methods allowable under the Liability Order.

 

We have therefore set a payment arrangement at the lowest amount acceptable. Payment of £5.00 per week is due by 3rd February 2012 and every 7 days thereafter.

 

Providing this arrangement is maintained, no further recovery action will be taken. "

 

I didn 't send to the CEO or my local Councillor, cos tbh i wasn't sure what to say and how much to explain about my circumstances without it sounding like a pathetic winge. :(

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yes ignore them keep all doors locked (even when you are at home) windows closed hide the car and pay the council direct using there on-line payment facility

 

for every £5 you pay rossendales you will lose a £1 in payment processing fees these fees are not in regulations but alway always charged

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i don't answer the door unless i'm expecting someone. The car is parked in a parking area which is shared by other houses in the street, about 40 yrds away.

 

I have tried to make a online payment and for some reason it won't accept my card.

 

Still no response from the Council Tax dept.

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i don't answer the door unless i'm expecting someone. The car is parked in a parking area which is shared by other houses in the street, about 40 yrds away. May not be far enough away

I have tried to make a online payment and for some reason it won't accept my card. Council or Bailiffs

 

Still no response from the Council Tax dept. No surprise there then

 

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You usually have 3 bits of information to do with Council Tax:

1 - Property Ref - never changes

2 - Account Ref - never changes

3 - Ref No - should change from year to year to signify which debt it is allocated to.

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have a look on the councils web site and find out who the leader of your council is send him somthing like this

 

Name

Address

Council tax ref

 

Dear Sir,

I have found myself in a situation where I am at a loss as to what I should do next as xxxx council have not replied to my request to take deductions from my JSA to pay council tax arrears

I have sent two e-mails to the council and Rossendales bailiffs who have been instructed to collect this debt requesting an attachment of benefits

I have not had a reply from xxx council Rossendales reply was to inform me that there client has refused my request I have not been provide with an explanation from the council why my request has been refused

Rossendales have requested payment of £5 per week I believe Rossendales will deduct a £1 from every payment as a processing fee as my debt is £927 it will cost approximately £250 to pay this debt and it will take over a year longer adding Rossendales payment fee if I remain on benefits and continue to pay £5 per week

 

A deduction from benefits I believe is £3.70 per week which means the council will gain 30p per week It would appear the only winner here is Rossendales

It is also my understanding that legislation does not allow a processing fee to be charged however it is always charged

The distress for rent rules 1988

Fees, Charges and Expenses

10. No person shall be entitled to charge, or recover from, a tenant any fees, charges or expenses for levying a distress, or for doing any act or thing in relation thereto, other than those authorised by the tables in Appendix 1 to these rules

Appendix 1 being Regulation 45 (b) of The Council Tax (Administration and enforcement) Regulation 1992

I also believe I would be classed as vulnerable under the national standards for enforcement agents January 2012 I understand these regulations are not legislation but all local authority’s and bailiff firms have agreed to be governed by them (copy attached for your convenience)

http://www.justice.gov.uk/downloads/guidance/courts-and-tribunals/courts/enforcement-officers/national-standards-enforcement-agents.pdf

As leader of xxx local authority can you please provide me with an explanation as to why my attachments of benefits were refused?

 

Why your council and bailiff’s have not adhered to the national standards for enforcement agents

Does your council have a vulnerable debtor’s policy?

Have your council adhered to it in this instance

 

I would appreciate an early reply to my question and any help you can give with the attachment of benefits

 

I

Edited by hallowitch
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For Council Tax it is debit card only. Also their email receipts are not working and results in an error message, check your bank to see if payment has actually gone through. If still having problems either ring them or [email protected]

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got this reply from the Council Leader -

 

'On behalf of the Leader, Cllr Waters, I thank you for your email below. I have instructed officers to look into this matter and provide the Leader with a full explanation.

 

Cllr Waters will reply to your points in the near future.'

 

from his PA so now wait and see.

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got a reply and basically he's saying that they won't take the debt back and i have to deal though Rossendales as the 'fee' is how they make their income!

 

Who's he? James Waters? Can you copy-and-paste...

Edited by edwincluck
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