Rossendales - Council Tax

[oopsadaisy]

Hi

 

received a visit from the lovely man from Rossendale's this morning,

he's wanting the remaining amount of £433 by Tuesday,

told him no way,

could probably stretch to £200, but that is all,

 

so again, he said that if it isn't paid in full by that day he would be back to remove goods.

 

He has never had a foot in the door.

After reading on here,

I am going to pay Council direct (did ask them previously to take the debt back but said no surprise surprise).

 

My dilemma is the bailiff's charges,

he charged at one time £110 for coming in a van,

they're about £200 or more,

do I have to speak to the god awful man to arrange payment of this?

 

Oh and does "levied goods" mean if they've done an itenary? Because he hasn't, never got past the doorstep.

 

Many thanks.

Edited January 4, 2012 by oopsadaisy

[seanamarts]

If the bailiff has not done a levy then he cannot charge for a van fee.

Have you asked if he has done a levy, if he says yes then you need to ask him what was on the levy and why did he not leave a notice of seizure with the items listed.

 

Regardless how many times he has been to your home, he can only ever charge for two visits, £24.40 for the 1st visit and £18.00 for the second, he cannot charge a levy fee if no levy was made and cannot charge for a visit and levy fee at the same time.

 

I would get on to the council and make a complaint with regards to the fact that he has charged you unlawful fee's.

 

Start paying the council, let them know that you will be paying them and that you refused to deal with a bailiff that is being dishonest.

[oopsadaisy]

Thank you for that, does the fact we previously defaulted on a payment have any bearing on this levy business? If not, I can't blooming wait to get on the blower to him, awful man.

[seanamarts]

If he has never levied on any items either inside or outside that belongs to you then he cannot take any items or charge for doing so.

Have you a break down of fee's and charges.

What was the original debt from the council

and how much have you paid so far.

[oopsadaisy]

I have no breakdown, I was nebbing at his clip board....he say's he's done me a favour by not adding more charges since July 2011. The original amount was for £582.13, for our old house that was repossessed in Feb 2009. I have paid £290.00, yet the balance is still £432.13, so I've incurred £140.00 in charges.

[hallowitch]

don't phone him unless you can record the call

 

to levy goods the bailiff would have to leave you a notice of distress /seizure of goods and inventory (at the time distress was levied) listing the goods that have been seized this can be goods in or outside your home

Is the bailiff certificated use this link to check the list is not always 100% accurate you may need to phone the Ministry of Justice Public Register of bailiffs on 020 3334 6355

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?210956-On-line-search-to-check-if-a-Bailiff-is-Certificated.....

[oopsadaisy]

Yes he's certified, checked this morning, not levied anything to my knowledge, never received any inventory, just umpteen threatening letters.

[oopsadaisy]

Shall I e-mail Rossendales and tell them that I am no longer dealing with them and to arrange payment of fees? Can't record phonecall, and to be honest I never want to see or hear the man again.

[hallowitch]

http://www.legislation.gov.uk/uksi/1992/613/regulation/45/made

 

(5) The person levying distress on behalf of an authority shall carry with him the written authorisation of the authority, which he shall show to the debtor if so requested; and he shall hand to the debtor or leave at the premises where the distress is levied a copy of this regulation and Schedule 5 and a memorandum setting out the appropriate amount, and shall hand to the debtor a copy of any close or walking possession agreement entered into.

 

A letter/e-mail needs to be sent to rossendales and the head of revenues at your council

ask for a breakdown of all fees charged by there bailiffs inform them that if a levy fee has been charged you require a copy of the notice of distress listing the goods allegedly levied by the bailiff on the councils behalf as to date you have not received such a notice

also ask the council for a copy of there complaints procedure

[oopsadaisy]

Thank you so much for your help.

[wonkeydonkey]

No levy = no levy fees,no van fees etc.

 

As written previously the only fees he can charge are 1st & 2nd visit fees totalling £42.50

 

I would suggest you work out exactly what you can comfortably afford to pay each week/month and make future payments direct to the Council on online but this must be done without fail on the same day/date every week/month. You can also write to the Council and advise them that due to their appointed agents applying illegal charges to your account you no longer have confidence to dealings with them and all future payments will be made direct to the Council until such time as the liability is satisfied.

 

WD

[hallowitch]

Do you own a vehicle

 

Is not unusual for bailiffs to add a levy fee without leaving a notice of seizure when this fee is questioned they then drive past the debtors house and note the reg of any vehicle on the drive or outside the house please be careful and keep your car away from the house

 

If you have been making payments to rossendales they will have deducted there fees first (legally they can do this) therefore any fees to date may already have been deducted

 

with no levy on goods your fees are £42.50

http://www.herefordshire.gov.uk/docs/Enforcement_Agent_Charges.pdf

[oopsadaisy]

Council have just called, apparently the toe rags have levied.......the car (which we no longer have) although no details were left with us. She said regardless whether we make payments to council it's out of her hands and in the bailiffs!

[seanamarts]

(5) The person levying distress on behalf of an authority shall carry with him the written authorisation of the authority, which he shall show to the debtor if so requested; and he shall hand to the debtor or leave at the premises where the distress is levied a copy of this regulation and Schedule 5 and a memorandum setting out the appropriate amount, and shall hand to the debtor a copy of any close or walking possession agreement entered into.

http://www.legislation.gov.uk/uksi/1992/613/regulation/45/made

[regulation 45-(5)] of The Council Tax (Administration and Enforcement) Regulations 1992

 

 

The Distress for Rent Rules 1988 - Regulation 12 (1-3)

 

12.—(1) Every bailiff levying a distress shall produce his certificate to the tenant if he is present or, in the absence of the tenant, to such other person present as appears to be in control of the premises.

 

(2) A bailiff levying distress shall deliver to the tenant, or leave on the premises where distress is levied, a memorandum in Form 7 identifying the bailiff and specifying in an Inventory the goods distrained on and setting out the amounts for which the distress is levied and the fees, charges and expenses authorised by these Rules and being actually and necessarily incurred under them.

 

(3) A bailiff or his agent attending to remove goods from the premises or withdrawing from possession prior to sale of the distrained goods shall deliver to the tenant or leave on the premises where distress is levied a memorandum in Form 9 setting out the expenses of removal authorised by and incurred under these Rules.

 

May I suggest that you inform the person you spoke to at the council all of the above.

 

Then tell then you are making a formal complaint on the basis of what I have quoted above.

 

I would also ask to have a copy of the levy that had been made, and ask why you had not been given a copy when the levy was made.

Just remind the council that the bailiff is acting on their behalf and that they are responsible for the action of their acting agent.

[brassnecked]

They should have left a Notice of Siezure AT THE TIME of the alleged levy, so as per seanamarts, it is Formal Complaint time, to Head of Revenues, CEO, elected leader etc, reminding them that when an account is passed to a bailiff company, the responsibility still remains with the council, and they are 100% liable both jointly and severally with their agent the bailiff for any wrongdoing.