Council Tax/Rossendales

[GemGem67]

Hi all, I had such great advice yesterday, I'm back for more!

I have, including this year, 4 outstanding CT for differing amounts. In July I heard from Rossendales for the first time regarding two of the accounts. I wasn't in when they came and I rang the bailiff when I got the letters through the door (I had'nt read the forum then!). The usual, I'm not letting you have an arrangement, well I don't own anything that will cover the debt, conversation ensued, which ended when he told me I was just going to go to prison then. I rang the council and made a complaint against them. That got my account put on hold while the council looked into it, they came back with "there are some overcharging mistakes which appear genuine (yeah ok) and we have said you can pay by installments". (He also put a seizure notice through for a car I dont own as I dont drive and charged me for that). I didn't know about still being able to pay online to the council, so entered into a 50.00 a week agreement with Rossendales which I have stuck to.

I have just got home, and there was an envelope with 2 more letters for the rest off what I owe (I have kind of been expecting them but had decided to pay them through the council site after having read things here, from tuesday next week at a further 50.00 a week). These are in a different bailiffs name, but, when I log into Rossendales payonline site, all four debts are listed together, although I can only login using the ref number of the first debt I'm paying off.

Any advice on how to proceed, whether to speak to the bailiffs or just continue my arrangement for the first 2 cases (unless they barr me from the site) and pay the second 2 off via the council site (which would take the payments off this years bill first and therefore be better by my understanding?) would be appreciated.

Gem

[unclebulgaria67]

Have you done this ? If not, you should do and ask for clarification about the information sent to you regarding the four CT amounts.

 

You need to speak to someone at the Council and ask the following questions:

1 - how many Liability Orders they have against you

2 - the dates they were obtained

3 - the addresses they were for

4 - the period of time each covers

5 - how much each one was for

6 - how much is still outstanding

7 - the dates they were passed on for enforcement

8 - the dates & amounts of any payments

 

You also need to send for Breakdown of the fees they are charging. Here's an example of what to send, adapt as you see fit and send initially by email followed by a copy in the post.

 

"From:

My Name

My Address

 

To:

Acme Bailiff Co

Bailiff House

 

Ref: Account No: 123456

 

Dear Sir

 

With reference to the above account, Can you please provide me with a breakdown of the charges.

 

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were certificated at.

e - the date of the Certification.

 

This is not a Subject access request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

 

I require this information within 14 days.

 

Yours faithfully

[GemGem67]

Hi,

I recieved that info about the first 2 cases which I am already paying off through Rossendales, when the council looked into my complaint. They broke down Rossendales charges for me too, after they made them remove the levy fees and costs of the levy they put on my neighbours car. These stand at 42.50 for two alleged visits although I only ever knew of one visit, when they levied my neighbours car.

As they are from 2009-2010 and 2010-2011, I asked the council for a breakdown of what I owed for last and this year which they also sent me. As I am self-employed and my income varies massively from week to week, I couldn't make an acceptable definate payment arrangement with them, so I was aware they would be passed over to bailiffs at some point. The letters I recieved today are for those 2 cases and include one visit fee of 24.50, as the letter was hand delivered, those charges are valid.

The letters I got today say that I can make a weekly arrangement, if I pay 150.00 immediately (which I don't have), however I take it as the letter has the bailiffs number as contact, that this agreement will be with him not the office and he will want to come round to accept the offer and levy against goods which I am not willing to do. I already have an arrangement with Rossendales, I don't understand why they have issued these new cases to a bailiff without contacting me?

Gem

[unclebulgaria67]

Speak to the council about these other 2 amounts and find out what is happening.

 

If you are getting to the stage where paying these amounts, is causing any hardship, then you should speak to Citizens Advice.

[GemGem67]

I spoke to the council, in their usual helpful manner they said they cannot discuss it as it is with the bailiffs and I need to speak to them and request that they add the accounts onto my standing arrangement with them. Rossendales reply to that request....you need to speak with the individual bailiff as it is with him.

I can keep up with the 50 I am paying Rossendales and at least for the time being, pay the council something direct for the 2 lastest bills, I just dont want this bailiff banging on my door constantly and we all know, the minute I ring him, he will be angling to come round and put a levy on my (ancient) T.V. and sofas!

Thinking I might email Rossendales complaints dept and ask why it cant all be consolidated as I haven't missed an agreed payment with them and I am showing willingness to pay. 50 a week is more than a nominal amount and I can still pay extra directly to the council as and when I have it (obviously I wont be mentioning that part to Rossendales). At the rate I'm paying, the total amounts from all 4 cases will be paid by the end of this tax year anyway.

What do you think?

Gem

[unclebulgaria67]

Yes email Rossendales. I can't see that they can turn down repayment at the level that is affordable. There is no need for them to try to levy, if you are showing willingness to pay.

[GemGem67]

Thanks UB, email sent, going off previous experience I will get a snail mail letter reply around Wednesday next week.

 

Now, my household currently consists of myself, 16 year old daughter, 18 year old son (college student) and 22 year old (today lol) daughter with her 2 year old daughter. None of my children are mentioned on my CT bills or the bailiffs paperwork, am I correct in thinking that should the bailiff call and there be only my children home, even if they are over 18, they have no authority to grant access to my home? I'm reluctant to mention the possibility of a bailiff visit as my daughter is of a nervous disposition and my son would possibly get aggressive if confronted by aggressiveness.

 

Thanks for your advice, every response puts my mind at ease a little

 

Gem

[ploddertom]

Unfortunately if there is an adult over the age of 18 who allows them entry then that is OK, and once in it can be difficult to get them out. I'm afraid you are going to have to tell them as you need to make sure the doors are locked and windows firmly closed at all times. Please also note a Bailiff is allowed to climb over a gate or fence providing he causes no damage - make sure the rear of your property is secure.

[GemGem67]

Thanks for the heads up on that, I'll let my children know not to answer the door if they don't know for sure who is on the other side.

A couple more questions if you don't mind:

Can he levy against my goods without my signature if they mistakenly let him in, can he get my adult children to sign if I'm not there or if I arrived home to his presence could I refuse to sign paperwork?

 

I live on a street front terraced block, our alleys are gated and locked, too high to climb as a few drunks have discovered lol, my dog also pretty much lives in my back yard, she loves fresh meat and a good bone to gnaw on, so he may dangle his legs over the back wall as much as he likes once he has scaled the alley-gates!! The way I see it, if he's on my property or attempting to get on it without permisson, it's his look out!!

Gem

[unclebulgaria67]

They are not allowed to barge their way in. It has to be peaceful i.e invited in. Tell the kids that a bailff is looking to collect some council tax arrears and if they open the door they may attempt to get in. Tell them that if they manage to get in, they could lose their Playstations and TV's etc. Also downstairs windows should be kept closed.

 

Your children don't own the Contents of the house, so cannot sign the paperwork. You should not sign any walking possession form.

[brassnecked]

If the children open the door to him, he may go away, or possibly hand them or put through the letterbox a notice of seizure listing generic items, like microvave, Tv etc or a global levy saying Tv etc and all goods not exempt in the property. thiose would be void levies anyway, but be aware of the possibility.

[ploddertom]

Can he levy against my goods without my signature if they mistakenly let him in, can he get my adult children to sign if I'm not there or if I arrived home to his presence could I refuse to sign paperwork? Yes a levy can be made, the signature on same is to allow him to charge a further fee. Any responsible adult can sign. You do not have to sign if you do not want to but this could carry the treat of immediate removal.

I live on a street front terraced block, our alleys are gated and locked, too high to climb as a few drunks have discovered lol, my dog also pretty much lives in my back yard, she loves fresh meat and a good bone to gnaw on, so he may dangle his legs over the back wall as much as he likes once he has scaled the alley-gates!! The way I see it, if he's on my property or attempting to get on it without permisson, it's his look out!!

Gem

 

PT

[GemGem67]

Ok, so I never heard back from Rossendales although I both wrote and emailed them.

The bailiff came back and hey-ho 2nd visit charge now applied.

He returned again this week, I wasn't in (three times he has been, same day same time diff weeks, I'm guessing even a bailiff isn't stupid enough to not realise he's coming at the wrong day/time, so he's not coming in the real hope of catching me in).

Here's the situation again, 2 LO's already with Rossendales, after complaining to the council about the bailiffs attitude and charges, cases back with Rossendales office and payment arrangement of 50 per week arranged and currently being paid.

2 further LO's now with Rossendales (diff bailiff than the first) and he wants a second payment arrangement made to pay those, no response to email and letter sent to their offices *rolls eyes*

This weeks visit left me with a payment plan application form stating if I don't send wage slips (I'm self employed!) then the time allowed for repayment would be restricted, 8 giro slips to make payments, 2 letters saying if payment not made in 5 days then they're coming to take goods and a form with half-info about what happens next, charges they can apply, the threat of the council sending me to prison if I don't pay etc etc. The only contact I have for the bailiff is a mobile number but their form states not to ring, but to make arrangement by writing only!!

 

So, my doors and windows are locked, I pay 50 per week and screenshot the account info after every payment in case they don't pass all payments onto the council (their fees consisting of 1st and 2nd visits only are also listed on this screen, so any change in those I will have documented) and I've paid small amounts every Friday directly to the council (only a tenner but will pay them the 50 p/w too when I've cleared the one I have the arrangement on).

I hope he doesn't come again with more poor dead trees containing bullpoop, all this eye rolling and head shaking in disbelief is making me dizzy!

Gem