Rossendales, Notice of Bailiffs Attendance / JSA

[kimski08]

Hi,

 

My Mum and Dad have been putting me up because I couldn't afford the mortgage payments on my flat. So I am renting the flat out and claiming Job Seekers Allowance in a different town.

 

A guy from Rossendales has just visited my parents house with some 'Notice of Bailiffs Attendance' letters. So the first communication from Rossendales to my parents house is a hand delivered envelope. Bit embarrasing He was nice enough, and left without much ado.

 

I've called the LA who advised me to send an email to say I'm claiming JSA.

 

My main query: Because I'm claiming benefits namely JSA does this mean that Rossendales cannot pursue this debt???

 

Thanks.

[padja]

we need to know more about the debt, like what is it for? what address is it registered at? if you could let us know more about it then we can offer you better advice.

[kimski08]

we need to know more about the debt, like what is it for? what address is it registered at? if you could let us know more about it then we can offer you better advice.

 

Sorry, the debt is for non-payment of council tax, the debt is right, I am not denying I owe the money. The address is in Sheffield, and my parents address is in a different authority completely. I pay the mortgage on the property at the moment, but the tenant pays the c.tax at the moment so the debt is for when I lived there.

 

It's really regarding the fact that I'm on benefits. Thank-you.

[padja]

right well you have to pay the council tax regardless of if your on JSA, however I wouldn't pay Rossendales I would pay the council direct, using online service, just pay what you can but pay it regularly using online service. as for bailiffs dont let them in the property and any way any levy they make will be invalid as its you parents address.Tell you parents that the bailiffs have no power to enter, can not return with locksmith to break in, cant get them arrested for refusing them entry. Its you debt not theirs so bailiff has no rights to do that. Others will be able to advice you as to a legal document that parents can sign this makes what I said just about bullet proof (I just cant remember what it is) . Were you on JSA when the council tax is for and if so were you claiming council tax benefit? I'm not sure if having JSA makes you a vulnerable person and so forces the council to take back the debt (others will know). So pay council direct pay them regular amounts every week or every month, has the bailiff put any charges on the debt? if so what charges and how much?

[hallowitch]

NOTE: This letter can be adapted to suit your own circumstances and could be used to advise the company that you are in receipt of income support or income based jobseekers allowance and that you wish for your arrears of Council Tax to be deducted at source from your benefits and requesting that the account is returned back to the local authority. You should provide a photocopy if possible, of either your benefit book or confirmation of your entitlement from the benefits agency.

 

 

—

To: Bailiff Company

Date:

Dear Sirs,

Re: Account reference.

I refer to your letter dated (enter date) informing me that your company have been instructed by (enter local authority) to enforce a warrant/liability order etc against me, in respect of arrears of council tax.

In your letter you state that you will be visiting/returning to my home to

(seize/auction etc my goods.)

unless full payment of

(enter amount)

is made by return.

The purpose of this letter is to advise your company that I am in receipt of

(income support/jobseekers allowance)

and am enclosing as proof, a copy of

(payment book/letter from benefits agency.)

I am informed that deductions can be made directly from my benefits to pay my arrears of council tax. This is provided for in the Council Tax (Deductions from Income Support) Regulations 1993.

For this reason, I would like to request that this account be referred back to

(local authority)

(local authority) so that the relevant forms can be completed.

I am also aware that once deductions are in place, Regulation 52 of The Council Tax (Administration & Enforcement) Regulations 1992 expressly forbids any enforcement action.

As I have now made you aware of

(my/our)

circumstances, and provided proof, if your company continues with enforcement action, I will consider making a formal complaint about the bailiff’s conduct to the County Court

Could you please confirm safe receipt of this letter, a copy of which is being sent to my local authority.

 

Yours Faithfully.

 

 

Don't forget to send a copy to the council send by recorded delivery letter and or e-mail (if you can attach proof of benefit)

[tomtubby]

The bailiff will no doubt "attempt" to say that he can "assume" that goods within your parents home are owned by you and that it is for THEM to provide receipts. This is utter nonsense and if frankly, a serious abuse of the relevant court of appeal case.

 

You need to ensure that you do not allow the bailiff into their home and be careful to ensure that you do not have a car outside as this will almost certainly be levied upon by the bailiff.

[caledfwlch]

I thought CTax arrears can be deducted from benefits @ around £2 a week. No need to make online payments and bite even more into the pittance that is JSA, inform the Council to deduct it from JSA.

[seanamarts]

I thought CTax arrears can be deducted from benefits @ around £2 a week. No need to make online payments and bite even more into the pittance that is JSA, inform the Council to deduct it from JSA.

 

Yes they can be deducted, the op can apply either through the bailiffs or the council to have this processed. Its about £3.70.

I would get on to the LA asap.

[RaeUK]

Just to confirm that is correct. The beggars have reduced my benefit accordingly ...

[kimski08]

Hi all,

 

Thank you for your contributions I really appreciate your help.

 

I spoke to the council who advised me to send them an email advising them of Rosendales communication and to put in writing that I am claiming JSA. I did this on the 26th Jan as requested. I haven't had any acknowledgement from the council to say they have received my email or processed it.

 

Today, my parents have got some workmen in and the front door is open while they are working. I passed the hall an hour or so ago to find a chunky hand delivered letter on the doorstep.

 

Contained in this are 7 "notice of distress" packs totaling £4153.67

 

£513.90 - nov 8 2002

£618.55 - feb 9 2007

£562.06 - jul 20 2007

£980.39 - jul 18 2008

£148.57 - jul 19 2009

£521.58 - apr 9 2010

£808.62 - jul 18 2010

 

 

It says "the inventory" and he's listed in that section both of my parents car... I am really worried about that. I have visions of a truck towing away my parents cars .

 

I'm not really sure what to do, should I still send the letter above?? Are Rosendales allowed to continue with their activities as I am on JSA? I'm so embarrassed about letting it get this far, guess I just thought it would go away. I've never really earned enough money to cover all my overheads, which is why I'm renting my flat out and lodging with the parents. The rent on the flat doesn't even cover the mortgage payments at the minute. I've tried getting a job but there's nothing where I am, over-qualified or under-qualified grr.

[brassnecked]

You are classed as vulnerable due to the JSA,, and you should now contact the council who are WHOLLY LIABLE for action by Rossers no matter what they claim, and tell them to remove the unlawful levy placed on your parents car by their agent the bailiff, also explain that you are now submitting a Formal Complaint to the head of Revenues, the CEO, elected leader and MP.

 

I'm sure others will be along again soon, but your parents will need to provide proof of ownership and tell Rossers that they will sue them if they snatch the motor as they are not the debtor.

 

Read Tomtubby's sticky about third party motors that don't belong to a debtor, as your parent's doesn't here:

Has a bailiff "levied" upon a car that is NOT owned by you ??

[hallowitch]

£513.90 - nov 8 2002

£618.55 - feb 9 2007

£562.06 - jul 20 2007

£980.39 - jul 18 2008

£148.57 - jul 19 2009

£521.58 - apr 9 2010

£808.62 - jul 18 2010

 

I would also get in touch with the council and ask

 

exactly how many liability they hold against you

 

the liable year each liability order relates to (as in financial tax yrs April 07 till march 08 April 08 till march 09 )

the date of each liability order

the amount of each liability order

if there has been an adjustment to the liable amount of any of the liability orders (

the labile year the adjustment relates to

the amount of the amusement

[kimski08]

Thanks brass.. I really didn't want my parents knowing anything about this, I'm highly embarrassed about it. Shouldn't they have done a DVLA check to check who is the registered keeper?

 

I''ll look through the link and call the council now. Will let you know what they say.

[hallowitch]

Thanks brass.. I really didn't want my parents knowing anything about this, I'm highly embarrassed about it. Shouldn't they have done a DVLA check to check who is the registered keeper?

 

I''ll look through the link and call the council now. Will let you know what they say.

 

Phone the council and see what they say

but put everything in writing also and send by e-mail

[kimski08]

On the phone now to the same person from the council that I spoke to on Monday. She has got my email from Monday and has apologised that he has been today, I'm on hold while she looks into it..........

[kimski08]

£513.90 - nov 8 2002

£618.55 - feb 9 2007

£562.06 - jul 20 2007

£980.39 - jul 18 2008

£148.57 - jul 19 2009

£521.58 - apr 9 2010

£808.62 - jul 18 2010

 

I would also get in touch with the council and ask

 

exactly how many liability they hold against you

 

the liable year each liability order relates to (as in financial tax yrs April 07 till march 08 April 08 till march 09 )

the date of each liability order

the amount of each liability order

if there has been an adjustment to the liable amount of any of the liability orders (

the labile year the adjustment relates to

the amount of the amusement

 

Do you think that the dates look suspicious? I thought they looked odd...

[hallowitch]

hope you have a pen and paper handy to write down the answers to these questions (if there are only 4/5 liability orders and your bailiff has levied the cars for 7 liability orders then he is being very naughty

 

 

I would also get in touch with the council and ask

 

exactly how many liability they hold against you

 

the liable year each liability order relates to (as in financial tax yrs April 07 till march 08 April 08 till march 09 )

the date of each liability order

the amount of each liability order

if there has been an adjustment to the liable amount of any of the liability orders (

the labile year the adjustment relates to

the amount of the amusement

[kimski08]

hope you have a pen and paper handy to write down the answers to these questions (if there are only 4/5 liability orders and your bailiff has levied the cars for 7 liability orders then he is being very naughty

 

 

I would also get in touch with the council and ask

 

exactly how many liability they hold against you

 

the liable year each liability order relates to (as in financial tax yrs April 07 till march 08 April 08 till march 09 )

the date of each liability order

the amount of each liability order

if there has been an adjustment to the liable amount of any of the liability orders (

the labile year the adjustment relates to

the amount of the amusement

 

hallowitch: the back office collections department at the council have relayed a message that they will communicate with me by Monday 30th. I will sit tight until then, and when I have a contact in that department I will ask them the questions. The girl who I spoke to said that she will chase it up for me if they haven't done anything as she could tell how worried I was and remembered me from the other day.

 

The distress warrants from Rossers say that I have five days, should I phone them to tell them what is happening?

[wonkeydonkey]

Do not 'sit on it' until Monday you need to speak with someone in the revenues department NOW and not the backroom bailiffs office, all bailiffs suffer from memory loss when it comes to a showdown of what they did and did not say on a particular day at a particular time!!!!!!!!!!!!!

 

WD

[hallowitch]

The distress warrants from Rossers say that I have five days, should I phone them to tell them what is happening?

 

The council should have told you they will get it touch with the bailiff its there levy (the bailiff levied goods on behalf of the council)

For your own Peace of mind

 

send a text to the bailiff name account no (only put one account no +6)and inform him that the cars levied against your debt do no not belong to you tell him a DVLA check will confirm ownership

 

send an e-mail to rossendales

much the same as the TEXT (put all account NO) ask them to remove all bailiff fees associated with the levies

 

They may ask you provide details of the V5 and insurance docs relating to the car

 

If they do come back and we will tell you what to do next

 

the bailiff wont remove the cars (its not worth there lively hood ) now that they have been informed the goods don't belong to the debtor they may still threaten to remove them but they wont If they do threaten removal ask them to confirm in writing that they have the councils permission to remove the cars before a DVLA check to confirm ownership

[kimski08]

argh... I've called the Bailiff and he has said he hasn't got anything to do with this and that it is NOT possible to make deductions from my benefits as it is DEFINITELY rossendales that are dealing with it and it's nothing to do with t he council any more.

 

My other question is that this has happened all so suddenly.

 

The first communication at this address (I've been here almost 9 months) was the "notice of bailiffs attendance" on Monday 23rd Jan '12. There is a space for date/time but both were left empty. These were hand delivered on Monday, I did not sign anything (my Dad answered the door).

 

The next communication was then the hand delivered "notices of distress" 3 days later yesterday 26th Jan '12.

 

He has told me that it is highly likely a towe truck will probably turn up for the cars I assured him that a simple DVLA check would prove this, to which he replied he doesn't have the authority, my response was that he doesn't have the authority to take them then.

 

I'm really scared.

[caledfwlch]

argh... I've called the Bailiff and he has said he hasn't got anything to do with this and that it is NOT possible to make deductions from my benefits as it is DEFINITELY rossendales that are dealing with it and it's nothing to do with t he council any more.

 

My other question is that this has happened all so suddenly.

 

The first communication at this address (I've been here almost 9 months) was the "notice of bailiffs attendance" on Monday 23rd Jan '12. There is a space for date/time but both were left empty. These were hand delivered on Monday, I did not sign anything (my Dad answered the door).

 

The next communication was then the hand delivered "notices of distress" 3 days later yesterday 26th Jan '12.

 

He has told me that it is highly likely a towe truck will probably turn up for the cars I assured him that a simple DVLA check would prove this, to which he replied he doesn't have the authority, my response was that he doesn't have the authority to take them then.

 

I'm really scared.

 

He and the council are lying. The council still owns the debt, and they are breaching the law/guidelines by continuing to enforce when you have shown them you are vulnerable.

[seanamarts]

First off, thats exactly what he wants you to feel, scared.

Secondly they cannot take your parents cars.

They can check that the cars do not belong to you and would be very silly and in a great deal of trouble if they took them.

 

Have you been in touch with the council? If not then do that right now. Talk to the manager of the benefits and revenue dept.

 

Request that they take monies out of your benefit. If the bailiff does attend then request that your account be passed to their welfare dept as you are unemployed, on benefits and have no other means of paying. Only do this if the council refuse to take back the debt. however remind them of the vulnerable status that they have agreed to adhere to.

If and when your account is passed to Rossendales welfare dept, all bailiff intervention will cease.

[brassnecked]

Time for that Formal Complaint to head of Revenues, CEO elected leader councillor and MP, stating that their revenue dept and the bailiffs are breaching the guidelines, and also by levying a third party motor could end up as the defendant in a Regulation 46 complaint to magistrates, as you would be aggrieved by their unlawful levy and it's unlawful fees

[hallowitch]

Load of cobblers

the deductions from benefit's is legislation neither the council rossendales or the bailiff can change this

It is everything to do with council its there debt there levy the bailiff is an agent for the council

 

Highly unlikely he should have said there is no chance of him removing the car (if wants to keep his certificate)both him and the council have been informed in writing (i hope) that the car des not belong to you

 

stop speaking to him on the phone (unless you can record the call) he will use is selective memory to deny anything and everything

 

 

did you get the liable year and period of the liable year the debt relates to from the council

when a local authority takes a debtor to court the liability order is granted for the remainder of outstanding tax year

 

so if a debtor has a liability order issued in June and moves out in august the liability order amount would need to be adjusted to reflect this