Rosendales magistrates liability order

[triskit1]

hi everyone well looks like im not the only person who got a visit from a rosendales baliff today but what happened with us was wen had moved in june n owed money from the previous year so had 3 bills i rang council after getting a letter from rosendales and the lady i spoke to said there were 2 outstanding i was sent forms set up standing orders for weekly payments i done this on 24/08/2012 and on de same day recieved another letter from rosendales just pressumed it was for 1 of the 2 i had sorted wasnt actually aware there was 3 till today wen i got an unwelcome knock my 2 year old ran out in front of me and opened the door so i gad no choice but to talk he anded me a piece of paper with my partners name on it sayin 24hrs notice before returning for £1004.31 or goods to that amount if i had that sort of money laying around i obviously wouldnt be owing on my council tax ha my partner rang him n told him we were paying it by the week baliff said he would ring council to find out rang back and thats when we found out there actually was another bill we wern't aware of n said to my partner ill be back tomorrow for money or goods and hung up im now panicking as ive got a 2yo and 9mnt old n not working i rang the council they said if its not paid tomorrow it eventually comes back to them but she doesnt know how long that takes do i just take the kids out for the day tomorrow n hope he doesnt knock when i get back or can he keep calling everyday i really dont know what to do about this n dont want to be telling a 2 yo to be quiet and hid everytime someone knocks :sad:any advice would be greatly appreciated

[i hate bailiffs]

Bailiffs rely on fear and intimidation

 

if the bailiff returns you do not have to answer the door to him he cannot break in kidnap the dog and take the cat

 

he has no right of entry he cannot break in keep doors and windows secure (its too cold to have them open anyway!)

 

deny him a levy hide car away anything of value in garden hide away

 

making payments direct to the council is the way forwards as you do not have to pay the bailiffs

 

eventually bailiffs will hand the case back to the council if you don't play ball with them

 

get on to council and find out how many liability orders they have

[triskit1]

Thank you i hate baliffs, can he go into the garden shed the lawnmower n lil lads bike and some toys are in there or can he not touch until ive agreed with it?? if i go onto the council website now and make a payment would that go in my favour the council has said we owe less than 600 but baliffs has it at jus over 1000 its so frustrating:mad2:

[i hate bailiffs]

do not agree with anything the bailiffs come out with do not let them have any levy

 

they do NOT need to come into your house at all not to use the toilet or any excuse he may come out with

 

Bailiffs like to charge made up fees they should be with no levy £24.50 first visit £18.00 second visit nothing more without a levy

 

bypass the bailiffs

 

sounds like a formal complaint to council needed if council and bailiffs have such different ammounts

[triskit1]

Think ill head for the council office first thing in the morning to complain before hes due to call n visit some friends for the rest of the day at least that way i cant fall for any of the bull he comes out with thanks a million i dont fell as worried now ive had youre advice

[ploddertom]

Find out exactly what you owe as confirmed by the Council. 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

[ploddertom]

As he appears to be charging so much you also need to know what his fees are. here's an example of what to send, use & adapt at will. 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

 

Ripped off customer"

[triskit1]

Thanks ploddertom i will ask council tomorow and send email to rosendales now and send by recorded post tomorrow thank you

[triskit1]

well my council were not very helpfull but ive jus read this article below on thisismoney.co.uk can anyone tell me if the last line is true???

 

Should I let them in?

You do not have to let a bailiff into your home and (apart from special circumstances involving the Inland Revenue) and they cannot force their way in. They can only use 'peaceable means' to gain entry, such as through an unlocked door or an open window, so watch out for tricks such asking to discuss the matter indoors.

Once a bailiff has gained entry into the property, they have the right to entry if they need to visit again and also to forcibly open locked doors or cupboards. If a bailiff visits when person under the age of 18 is alone in the property they must leave. They cannot enter if a child under the age of 12 is in the house, regardless of whether an adult is present.

[ploddertom]

The last line is wrong.

[Leakie]

I agree with PT.

Shame it's not correct thou.

 

Leakie

[triskit1]

Aww thats such a pity would of made this alot less stressful if it was true it would of made my day to gave been able to stand at my door with the 2 lil ones n tell him to go away:lol: Thanks for the quick replies its much appreciated:-D

[ploddertom]

well my council were not very helpfull

 

Care to explain?

[seanamarts]

Councils are very rarely helpful when it comes to bailiffs, as far as they are concerned bailiffs know everything and are never wrong. So will, most of the time, believe what the bailiff says and very rarely help you out or state they wont help you because it is in the hands of the bailiff.

 

Ask the council how much they do know and see them squirm.

[triskit1]

Hi ploddertom well the woman i spoke to couldnt figure out what was goin on when she put in the account details so sat there for 20 mins clicking a pen dont get me wrong she was nice and tryed to help i found counciltax bill 2012/2013 i have 3 in total first says im on benifits(im not) so no payment needed second i owe 173 and third is up to date one for new house we moved here in june LO is for 2011 she did tell me this was sent to rosendales in 2011 and ive noticed on paper given by bailiff its dated 10/08/2011 am not sure why we only start getting them a year later i asked her the list of question e.g how many LO's etc... looked at me blankly i said about the fee's which are almost 400 she said oh they have there own fee's i really think she knew the answers but felt she couldnt say incase it went against her.

I agree seanamarts think ill have to gain some more knowledge on this over the weekend and go back on monday i felt fobbed off in a way. I did say i wasnt refusing to pay my council tax i was refusing to pay it through a bailiff i also asked if i was to pay the arrears online what would happen she said they would be cleared but the bailiff wouldnt know tis so i would advise against it so i dont know what to do now!!

[brassnecked]

From what you have posted regarding the council yesterday triskit, it would appear they have messed up your account completely. you can pay directly into the council using their online sysyem, and i would offer payment at the counter, if they refuse get the apparatchik on 5the counter to sign a refusal, as that will help with any Formal Complaint later. keep dossendales out ant keep any motor out of their sight and they are relatively powerless. you certainly don't have to let a bailiff in no matter what he threatens. I would follow what ploddertom has advised regarding the Acme letter to rossers and the request for information to the council in writing. Once the figures are back, Caggers can help further.

[seanamarts]

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

 

http://www.legislation.gov.uk/uksi/2012/672/regulation/2/made

 

http://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=8&ved=0CEUQFjAH&url=http%3A%2F%2Fwww.citizensadvice.org.uk%2Fbriefing__-_bailiff_campaign-3.doc&ei=S1CnUP38OuGr0QXHiIHwDA&usg=AFQjCNEXqd3aBGdknzQJuGxxpXjIQOCNTg&sig2=GKeaF-IV00mW13O0G2cVKg

 

Just a few links to get you started

[ploddertom]

I think you must consider involving your local Councillor(s) over this as they can intervene at the highest level within the Council. I would be very surprised if the Council do not advise their Bailiffs of any payments made as in most cases this is updated on a weekly basis - the Council should have access to your account via Rossendales system anyway. Another way of trying to sort this is to submit a Subject Access Request on the Council but this does give them 40 days in which to reply & my other argument would be why should you have to pay if they have messed it up.

[1Loretta]

I had a reply from my Council, after 3 requests asking my Local Councillor to reply to my email and to contact me, saying that my Councillor does not deal with individual cases!

 

I think you must consider involving your local Councillor(s) over this as they can intervene at the highest level within the Council. I would be very surprised if the Council do not advise their Bailiffs of any payments made as in most cases this is updated on a weekly basis - the Council should have access to your account via Rossendales system anyway. Another way of trying to sort this is to submit a Subject Access Request on the Council but this does give them 40 days in which to reply & my other argument would be why should you have to pay if they have messed it up.

[triskit1]

From looking at the council tax bills ive come to the conclusion the amount owing is from april "11 to maybe november "11 i dont dispute this as there was alot going on at that time i more than likely did forget about it but as i said when i set up the standing orders i thought it was all sorted foolish mistake on my part as this was the first time dealing with bailiffs there one sheet of paper doesnt give much info i speed read most of my post with 2 kids under 3 i dont have the time to sit and scoure for info i just read council tax arrears and rang the council straight away only they said 2 amounts on the first call which are now almost finished and didnt mention rosendales i do take blame for this as i should of mentioned the rosendale letters when i rang the council.

I have checked my bill again

Date of issue:14 march 2012

charge for period 01 april 12- 31 march 13 £1038.57

Benifit 01 april 12-31 march 13 -£1038.57

for infomation only. no payment is required in respect of current year

as at 23 feb 12 your 2011/12 council tax account balance is £569.52 subject to court proceedings

 

We did claim income support from dec11 to feb 12 as my partner lost his job and i was pregnant but baby was born 5 feb and he gad new job by middle of feb

next bill is dated 09 june 2012

balance brought forward £569.52

charge for period 01 april 12 -31 march 12 £173.57

Benifit 05 march 12 -31 march12 76.29

645.81 of total is subject to court proceedings

Last bill is dated same as above but for new property and all seems fine on that one.

I know benifits work in arrears so i can only think that if we stopped in feb it wouldnt of taken affect on there system till march the 2 different totals subject to court proceedings £569.52 +£645.81 are the same period of charges just with added court fees i pressume not 2 seperate bills i 100% didnt recieve a letter from rosendales till august 12 but if i -£645.81 from bailiffs made up amount of £1004.31 they have added on fees of £358.50 yet they said they dropped off 4 letters in total i can only find 1 plus the one handed to me on wednesday can they even charge that much without ever being in the house or even speaking to someone. I read there agreement with the coucil found a file online and it does state that cases are discussed regularly so therefore the bailiff would know i have been paying and also the fees are 24.50 first visit 18.00 second but that obviously isnt the case.

Sorry for goin on and on its just so annoying all your replies are greatly appreciated my lessons learnt are never take a bailiffs word as the truth and stop speed reading the post it gets you in trouble ha

[ploddertom]

I had a reply from my Council, after 3 requests asking my Local Councillor to reply to my email and to contact me, saying that my Councillor does not deal with individual cases!

 

I would suggest your Councillor is not fit for the job and complaint should be made to his "boss" - Leader of the Council or opposite number dependent on the political persuasion within the Council.

[1Loretta]

I will do that, thanks

 

I would suggest your Councillor is not fit for the job and complaint should be made to his "boss" - Leader of the Council or opposite number dependent on the political persuasion within the Council.

[ploddertom]

Originally you could have complained to the Standards Board but this was scrapped when the Localism Act came into being. Each Council should publish a Code of Conduct for their Councillors and while this in the main may deal with Register of Interest I believe what you have is neglect of duty. If he doesn't want to deal with constituents then this should be reported and would make a good story in the press.

[1Loretta]

Sounds better and better!

 

Originally you could have complained to the Standards Board but this was scrapped when the Localism Act came into being. Each Council should publish a Code of Conduct for their Councillors and while this in the main may deal with Register of Interest I believe what you have is neglect of duty. If he doesn't want to deal with constituents then this should be reported and would make a good story in the press.

[brassnecked]

Also forward the reply to your MP, as that is what local councillors are for they are there to deal with complaints and issues for electors in their wards. has the muppet that replied saying that councillors do not deal with individuals been on a Common Purpose act beyond authority course? As a local community councillor myself i am disgusted with this, and complaints as per ploddertom, and as I suggested MP also.