Problems with Rossendales & CTAX

[ploddertom]

How do I pay the council?

 

Do you have your Council Tax bill to hand? On the reverse it should give you their bank details, if so pay by online banking, you may also use the Council website or as said above.

[seanamarts]

Please be aware that it is very rare a bailiff will take goods. How ever, first they must levy items that will cover cost's and fee's.

If they have not done this then all they can charge is for their visits. £42.50.

 

Please do pay the council via their on line/phone payment facility by using the account on this years billing as Ploddertom has suggested. Once you have paid it, send email to council with the payment reference number, let them know that you will only be paying using this method and that it will be a regular payment until debt is paid off.

 

Dont converse with the bailiff from now on. He will only lie again, it will be about getting the police and you will go to prison etc etc. its all hot air.

[mrsnotbailiff]

Morning all.so glad I stumbled across this site.its given loadsa info and now I dont feel so scared of 'the big man' returning

I copied some of the letter I came across on this site,parts about knowing my rites,and the itemising of costs and fees of the bailiff.also wrote another letter to the council sayin I will pay them direct,and ONLY them.not the bailiff,and for them to reply with how they want their money (at £50 per month,which I feel is a reasonable amoint!) I would like to just sat a massive THANKYOU to all who have helped me on this site with replies

[ploddertom]

Don't be surprised if the response from the Council is to say you must deal with the Bailiffs. You are far better off just paying them but you must remember to budget extra for any lawful fees that are due to the Bailiff.

[mrsnotbailiff]

If I pay by this years tax bill,surley it will just be added to that account?

[mrsnotbailiff]

Oh no....just had rossendales bailiff back.same bloke.he posted another letter FINAL NOTICE.sayin he givin me 24 hours of his intentions to recall and remove my stuff.what do I do?

[TB Law]

He wants you to you your council tax.

 

I have had a quick read through your thread and I dont see anything obvious why the bailiff should not be pursuing you.

 

If you are struggling to pay then you should be in receipt of a prescribed low income benefit and your arrears can be paid off instalments.

 

Write to the council with a reasonable offer of payment, £5 a week and stick to it. Keep the door shut and never let any bailiff into your home.

[mrsnotbailiff]

What if he comes back tomoz? The letter has MAGISTRATES LIABILITY ORDER/WARRENT OF EXECUTION ,hubby works,and I wrote to the counil offering £50 a month but have not heard a thing,im unsure how to pay this old ct bill.on the letter the bailiff left is clients ref no: so do I pay it on this?

[TB Law]

If the bailiff refuses your £50 a month then all you can do is keep your door locked shut and wait until the case is returned to the council and you can reinstate your offer to pay £50 a month.

 

The only other route is find out if the bailiff has done something wrong and you can start the formal complaints procedure.

[mrsnotbailiff]

I did write to rds asking for itemised letter of fees,but aint heard from them either. If I go out and my windows and doors are.all locked they aint allowed to break in are they? I'm really worried that he will smash the do or in...

[i hate bailiffs]

Oh no....just had rossendales bailiff back.same bloke.he posted another letter FINAL NOTICE.sayin he givin me 24 hours of his intentions to recall and remove my stuff.what do I do?

 

does the bailiff have a levy ? if he does not there is little he can do

 

Final notice magistrates court warrant all words to scare you to paying the bailiffs

 

there is no right of entry for the bailiffs they can not force entry

 

payments should be ,made direct to the council as already advised by others as well

[TB Law]

They wont be breaking into your home. Only time they do that if they have a levy on goods kept inside the property.

[i hate bailiffs]

They wont be breaking into your home. Only time they do that if they have a levy on goods kept inside the property.

 

even with a levy there will be no forced entry it will need permission from the magistrates court rarely. if ever given

[TB Law]

If they have a pre-existing levy of goods contained insde the property, then the bailiff can break in.

 

Mcleod -v- Butterwick [1996]

[i hate bailiffs]

The bailiff can not break in at this point without a order from the court all they have is a liability order

 

nothing else

 

there will be no breaking in

[mrsnotbailiff]

How will I know when or if my.case gets returned to the council?

[sweep1]

They wont be breaking into your home. Only time they do that if they have a levy on goods kept inside the property.

 

http://www.bailii.org/ew/cases/EWCA/Civ/1998/471.html

 

This particular High Court Appeal Judgement gives very good detail as to exactly what stage a Bailiff or HCEO can re-enter a property to remove goods after a correct levy.

Edited December 8, 2012 by sweep1

[sweep1]

even with a levy there will be no forced entry it will need permission from the magistrates court rarely. if ever given

 

Not required if the Bailiff or HCEO has correctly levied on goods. Read the following High Court Appeal.

 

http://www.bailii.org/ew/cases/EWCA/Civ/1998/471.html

 

This particular High Court Appeal Judgement gives very good detail as to exactly what stage a Bailiff or HCEO can re-enter a property to remove goods after a correct levy. (No permission required from the Court)

Edited December 8, 2012 by sweep1

[nuttyburd]

Do not speak to the ballif again dont even open the door to him.

 

Instead of waiting for Council to reply to your offer of paying instalments, just start paying. use their online facility or automated phone service as suggested previously. the reference number you need is on your ct bill.

[brassnecked]

Khazachanchi, would appear to indicate that a bailiff or HCEO should communicate to a debtor when they were going to return to enter and remove goods, turning up ad-hoc, "at any time" does not cut it in modern times where it is custom and practice to secure premises when leaving them, unlike the days of yore when doors were usually left unlocked even with residents out and away from the premises, these days the bailiff cannot rely on thinking unlike the past that the door is specifically barred against him, it is barred to all and sundry in the residents absence as a matter of course and it is entirely normal for it to be so. the door is locked, the resident doesn't know when the bailiff/HCEO will return, so forced entry is not lawful, unless due notice of a time/date of intended attendance to physically remove is communicated to a debtor

 

 

"33. For all these reasons I would conclude that a bailiff is not entitled to re-enter by force except where, having gained entry peaceably, he was expelled by force or he has been deliberately excluded by the tenant. What amounts to deliberate exclusion must be recognised on a case by case basis. It will include cases where the tenant knowing of the intended visit deliberately locks the door and goes away or when invited to admit the bailiff refuses to do so. But in my view it does not include the case of a tenant who has no knowledge of an intended visit by the bailiff at any particular time and locks his premises in the ordinary way and goes about his business as normal. "

 

From: Khazanchi & Anor v Faircharm Investments Ltd & Ors [1998]1WLR 1603

 

It would appear to infer that unless the bailiff/HCEO has been refused entry by the debtor at a re-attendance then they should communicate a date and time of a subsequent attendance where they will force entry if the premises are locked against them.

 

Others will know more or have a different opinion

Edited December 8, 2012 by brassnecked

[i hate bailiffs]

Not required if the Bailiff or HCEO has correctly levied on goods. Read the following High Court Appeal.

 

http://www.bailii.org/ew/cases/EWCA/Civ/1998/471.html

 

This particular High Court Appeal Judgement gives very good detail as to exactly what stage a Bailiff or HCEO can re-enter a property to remove goods after a correct levy. (No permission required from the Court)

 

we are talking about a council tax debt here

For council tax there is no breaking in all they have is a liability order nothing else

even with a levy there is no breaking in

 

all a levy allows the bailiff to do is charge a van attendance fee if you are a day late or a penny short of around £180 upwards

 

most of the time any levy bailiffs think they have has insufficient goods to settle a debt

 

remember there is a liability order NOTHING else

[i hate bailiffs]

AS for breaking into to your home - the bailiff has to first gain peaceful entry. Most SLA's/Contracts/Code of Practice between Councils & bailiffs usually insists that where a bailiff gains peaceful entry and seizes goods, later goes back to remove same & is denied entry makes them have to ask:

a - the Council for permission to force entry and if they agree

b - go back to the Magistrates Court to gain an Order allowing them to do this, and if they agree

c - has to write to you giving a date & time when they will attend

d - only then if they are refused could they force entry

Orders such as these are only granted in exceptional cases - usuallywhere there is a history of wilful refusal to pay. You will be a long way from this scenario.

 

 

hope that clears things up

[brassnecked]

we are talking about a council tax debt here

For council tax there is no breaking in all they have is a liability order nothing else

even with a levy there is no breaking in

 

all a levy allows the bailiff to do is charge a van attendance fee if you are a day late or a penny short of around £180 upwards

 

most of the time any levy bailiffs think they have has insufficient goods to settle a debt

 

remember there is a liability order NOTHING else

 

Yes that is the case but in any complaint where there are constant threats to break in albeit unlawful by the likes of dossers et al, the case and the quotation is worth including in any Formal Complaint, where threats of an ad-hoc forced entry are communicated to a debtor, in any manner. This is important as for a forced entry the express permission of the council and magistrates granting the forced entry, and a letter to the debtor giving a specific date and time of the attendance to force entry must be given, this after and only after the bailiff has actually had a peaceful entry initially. No peaceful entry, no levy, bailiff is screwed.

 

From the perspective of the OP, dossers can threaten all they like but won't be breaking in anytime soon.

[i hate bailiffs]

 

From the perspective of the OP, dossers can threaten all they like but won't be breaking in anytime soon.

 

Exactly my thoughts on it

tossendales have a liability order and will try to convince people they have a warrant/court order,As we know they relying on fear and intimidation

 

The OP should make any and all payments direct to the council that way there is no wilful refusal to pay

[brassnecked]

Exactly my thoughts on it

tossendales have a liability order and will try to convince people they have a warrant/court order,As we know they relying on fear and intimidation

 

The OP should make any and all payments direct to the council that way there is no wilful refusal to pay

 

Exactly, offer of payment backed by actual payments and printing a reciept for the online transaction circumvents any accusation of wilful avoidance, and along with the proof of threats from the likes of dossers, makes a more compelling case for the council taking the debt from the bailiff when it becomes apparent that they may get a kicking from Ombudsman, if they don't.