Bailiffs coming to take goods for council tax tommorow advice please

[Chrisgy12]

Just to update you all, I went to citezens advice they were too busy to see me, so I went across the road to the council offices and spoke to an advisor there.

She seemed to think it was quite funny, that there's nothing they can do, and the bailiff can break in if he wants to.

Apparantly they don't have any contact whatsoever with rossendales and once it is passed to them the council can't touch it. I said about the things people say on the Internet about rossendales looks like they make up their own rules, she said 'well yeah they will say that it's that kind of job nobody is going to like a bailiff'

 

Despite that I told her the car is used for work purposes, and she got someone else on the phone who rang rossendales for her (even though the council don't have any contact with them) and rossendales said they will put off the removal of items for 7 days but only because they might not be able to take the car.

I now apparantly have 7 days to prove I use my car for work

 

Thanks for all the advice so far, without it id be selling everything I own to get £1300 together in the next 7 days.

I will get typing some letters later tonight, although I spoke to the court enforcement manager on the phone thanks to the phone number from a member on here, he didnt care either and said I should be talking about this to rossendales not him. Hopefully letters will get more done

[outlawla]

There you are you see, they've proved to you that lying just comes second nature to them.

 

I'm surprised the council's court enforcement manager you spoke to has managed to hang on to his job for this long, perhaps its down to his superior lying skills that the council are impressed with. Anyone who brags about their courtroom conquests and how they have the power to ruin peoples lives with bankruptcies and repossessions has everything that's coming to them in my mind.

 

What about paying the council direct? Anything said about this.

[Chrisgy12]

There you are you see, they've proved to you that lying just comes second nature to them.

 

I'm surprised the council's court enforcement manager you spoke to has managed to hang on to his job for this long, perhaps its down to his superior lying skills that the council are impressed with. Anyone who brags about their courtroom conquests and how they have the power to ruin peoples lives with bankruptcies and repossessions has everything that's coming to them in my mind.

 

What about paying the council direct? Anything said about this.

 

Yeah she said if I bring money to their office to pay, although they can't turn it away, they have to ring rossendales and ask them how much their charges are, then pay those first

[hallowitch]

Just to update you all, I went to citezens advice they were too busy to see me, so I went across the road to the council offices and spoke to an adviser there.

She seemed to think it was quite funny, that there's nothing they can do, and the bailiff can break in if he wants to.

Apparently they don't have any contact whatsoever with rossendales and once it is passed to them the council can't touch it. I said about the things people say on the Internet about rossendales looks like they make up their own rules, she said 'well yeah they will say that it's that kind of job nobody is going to like a bailiff'

 

Despite that I told her the car is used for work purposes, and she got someone else on the phone who rang rossendales for her (even though the council don't have any contact with them) and rossendales said they will put off the removal of items for 7 days but only because they might not be able to take the car.

I now apparently have 7 days to prove I use my car for work

 

Thanks for all the advice so far, without it id be selling everything I own to get £1300 together in the next 7 days.

I will get typing some letters later tonight, although I spoke to the court enforcement manager on the phone thanks to the phone number from a member on here, he didn't care either and said I should be talking about this to rossendales not him. Hopefully letters will get more done

 

 

your council are talking rubbish

 

your council will have a contract /service level agreement with rossendales (you can make a freedom of information request to the council asking for a copy of this)

 

everything the bailiff does he does on behalf of the local authority legislation clearly states this

 

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

 

Regulation 45 Distress

45.—(1) Where a liability order has been made, the authority which applied for the order may levy the appropriate amount by distress and sale of the goods of the debtor against whom the order was made.

 

(4) Where an authority has seized goods of the debtor in pursuance of the distress

(5) The person levying distress on behalf of an authority shall carry with him the written authorisation of the authority

[outlawla]

Yeah she said if I bring money to their office to pay, although they can't turn it away, they have to ring rossendales and ask them how much their charges are, then pay those first

 

They can't allocate your payment to cover Rossendales fees if you pay through either internet banking, or through their website (if that's possible). They are bluffing, you can tell when they're lying because their lips move.

 

They are responsible for their appointed bailiffs – they will try to pass the buck. If this goes to a formal complaint don't let them fob you off by passing it to Rossendales to handle. Incidentally that [EDIT] you spoke to will probably get involved in the complaints process somewhere down the line.

[hallowitch]

you must make a formal complaint to the complaints department of your council with a copy sent to Tony Hunter, who is the chief executive, of your council

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?212401

 

In my opinion asking to provide proof that the car is used for work is a red herring (however if you can you should send a copy of your car insurance if its for work) the car would only be exempt if its used by you only for the sole purpose of work to make it exempt from seizure

 

the fact that it would not cover bailiff fees removal storage fees and a large portion of the principle debt should be put in your formal complaint note its the local authority that was taken to court in this detailed assessment (you should quote this case in your formal complaint)

 

Detailed Assessment Judgment of Throssell v Leeds City Council where the District Judge ruled as follows:

“Turning to the taxation it seems to me that notwithstanding the fact that there were three liability orders but one visit was made by one bailiff and the maximum that the Council’s reasonable charges can be is the result of applying the formula contained in Schedule 5 paragraph 2 (1) (b) of the Regulations”

 

they cannot charge so many fees if only one visit is made

as for your car how old is it? I.E. would the sale of it actually cover a large percentage of the bill anyway?

a vehicle should only be removed if the proceeds of sale provide that there would be a surplus available to the liability order after deductions for the bailiff fees, , removal storages and auctioneers fees.

[seanamarts]

What utter rubbish, your council seem to have no idea what can and cannot be done. The council are wholly responsible for the actions of the bailiff, the bailiff is their acting agent and have to do what the council says. These people need to start reading up what they can and cannot do.

Did you show them the link I sent linked in an earlier thread?

Councils and bailiff companies have all agreed to abide by them.

maybe you should also print off the council tax and administration regulations and send them a copy of it.

 

Have a word with your MP and see what they have to say about it.

[outlawla]

......I said about the things people say on the Internet about rossendales looks like they make up their own rules, she said 'well yeah they will say that it's that kind of job nobody is going to like a bailiff'.....

 

I don't know why I didn't think of this before. If that's their attitude I can scan a couple of North East Lincolnshire council's formal complaint responses where they:

 

1. upheld a complaint about a Rossendales bailiff adding an invented fee to my account.

 

2. upheld a complaint about a Rossendales bailiff charging an unlawful fee for an illegal levy on a vehicle.

 

3. stated they got the bailiff in question sacked for misconduct over the levy.

 

Let me know if you think supplying the council with this evidence will help? If so I'll fish the documents out and get them scanned.

 

Something else to throw at them

 

 

The Grimsby Telegraph Article

 

On the appointment of bailiffs, the spokesman for North East Lincolnshire Council said: “Rossendales are the appointed bailiffs for North East Lincolnshire Council for the collection of unpaid council tax.

 

They are governed by the National Standard for Enforcement Agents. The council does not pay for Rossendales’ service, but a service agreement is in place and, as such, the company is accountable to the council.

Edited January 5, 2012 by outlawla

[seanamarts]

I would certainly send them the news paper article, underlining certain factors.

[tomtubby]

The LOCAL AUTHORITY are wholly responsible to the LEVY and FEES that are charged by THEIR agents.

 

They cannot and must not abdicate responsibility for their agents actions.

 

If you work as a self employed plumber, then you need to get some evidence together to support this (business cards, receipts, adverts etc). This should be sufficient to demonstrate that your vehicle is exempt as it is for "your use personally in the course of your business or vocation". This is the actual wording from the statutory legislation.

[darlosean]

Sign on for benefits...your entitled to them,and the courts and creditiors are much more symaphetic when your unemployed and claiming benefits...as for the bailiffs,a lot of them work on a commision,the more there collect,the more there earn,so sometimes there threaten things there shouldnt,best thing to do is ignore the door in the first place..good luck!