Problems with Rossendales & CTAX

[mrsnotbailiff]

Ok people.lets see if ive got this right.if I pay £10a week (and email them stating this is for this debt),aswell as my normal amout of ct per month,and keep baillifs out I should be ok?im not too sharp on all the legal stuff!

[i hate bailiffs]

Ok people.lets see if ive got this right.if I pay £10a week (and email them stating this is for this debt),aswell as my normal amout of ct per month,and keep baillifs out I should be ok?im not too sharp on all the legal stuff!

 

Yes:-)

[ploddertom]

Ok people.lets see if ive got this right.if I pay £10a week (and email them stating this is for this debt),aswell as my normal amout of ct per month,and keep baillifs out I should be ok?im not too sharp on all the legal stuff!

 

Please note this will not prevent the Bailiff coming round, but eventually when he realises he is getting nowhere will probably give up. How long will this take, well how long is a piece of string. You have to be in it for the long run as nothing resolves itself overnight, but stick with it and you will succeed.

[seanamarts]

Ok people.lets see if ive got this right.if I pay £10a week (and email them stating this is for this debt),aswell as my normal amout of ct per month,and keep baillifs out I should be ok?im not too sharp on all the legal stuff!

 

This will not stop any bailiff intervention, paying this way will show you are willing to pay the debt off. The council may call them off or the bailiff will hand your case back to the council, but this will not stop the LO.

[seanamarts]

You are just too quick for me plodders

[ploddertom]

Just confirms what we all say, at least we all have the same hymn book unlike the Council & Bailiffs.

[brassnecked]

Just confirms what we all say, at least we all have the same hymn book unlike the Council & Bailiffs.

The council and bailiff make up their own hymnbook, and usually sing Hymn No 1 when they should be singing No2

[mrsnotbailiff]

Thankyou guys! X

[The Evil Bus Driver]

I prefer hymn no. 666, personally.

[seanamarts]

from what I've read here most of the advice is not very good or practical !

Care to point the out the 'not good and not practical' advise. Just so that we can familiarise ourselves with them.

 

By the way welcome to the forum, I would however take a more tactful route when answering on a thread.

[seanamarts]

 

Wouldnt happen to be FOTL would you?

[dx100uk]

Question: can he break into my house for a CTAX debt while im out if no one is in, he has never been in my house before ........

 

To be able to force entry to your home ON A CTAX DEBT he needs the following:

1 - he must have gained previous peaceful entry and made a valid levy on goods.

2 - next time he calls you must have denied him entry following a default on a payment due.

3 - he must get the approval of the Council to apply for a forced entry, and they MUST agree FIRST

4 - he must apply to the Magistrates Court for an Order allowing him to force entry - very rarely given

5 - he must write to you giving you a date and time of when he is coming

6 - if you are then not in he may make a forced entry

 

thus 99.9% of the time

- So you are a long, long way from this happening

- not that it will, and as you have paid up to date minus his fees then no application to force entry will succeed.

 

Any hassles with the Bailiff do no disappear overnight and it does take a long time to resolve.

[brassnecked]

Exactly as DX and others have indicated, the bailiff is on a sticky wicket with forced entry for Council Tax, he wouyld vary raely indeed be authorised to do this. Rossendales, as was shown so ably by their rogue MR Boast 5that they rely on fear, intimidation and possibly unlawful acts to compel a debtor to pay them. The truth is there is nio law that compels anyone to deal with a bailiff, so keep them out and deny them a levy, and their fees are (until the MOJ jacks them up to the proposed £305as per the "consultation, and pressure from Rossendales, and, Crapquita et al) capped at a total of £42.50

[i hate bailiffs]

I have just joined this site tonight 09/12/12. 23:20 hrs. I do know about dealing with Bailiff [edit] , from what I've read here most of the advice is not very good or practical !

 

1..A bailiff of any kind can NOT break in to your home !

UNLESS

a...He has been in before with your permission.

b...He has a warrant to force entry.

c...The warrant is signed by a Judge.

d...The signature is 'wet' ie. Ink not a copy.

e...He has to produce the warrant for your perusal.

 

( ALL of these conditions HAVE to be met )

 

Do NOT converse with them , have somebody there with you for moral support , hide your car , park it a least 10 min walk away from your home .

If you do talk to them , do NOT give them your name , tell them you are dealing directly with the Council and do not wish to talk with them.

Then just tell them " I decline to contract with you " , then close the door.

 

REMEMBER these guys are expert in intimidating people , they will threaten you with legalities and lock smiths ! DO NOT LISTEN.

 

Post 47 here it is

 

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.

 

 

Think i beat you to it:lol:

[mrsnotbailiff]

Hi all.i have finally recieved fee breakdown today,which states....

June 18 2012 debt £642.84

June 27 visit fee £24.50

July 10 visit fee 2 £18.00

Nov 20 attendance/van £110.00

Nov 20 levy fee £46.00

 

Not too sure what to do now as I have no other paper work other than liability letter.it says on the front of the letter (in red) to make immediate payment callour automated payment line ..... Quoting......

Does this mean I can ring them and make small payments of £10? Coz the bailiff said he couldnt take part payment,or installments...and will he be back?

[ploddertom]

Having read back through this - admittedly fairly quickly - I note a couple of things missing. Do you know exactly how much you owed 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

 

Secondly they claim to have made a levy on Nov 20 - did he leave a Notice of Seizure a legal requirment? And if so can you list the items seized exactly as described on it? They are also claiming an Attendance/Van Fee on the same date - obviously hoping you will pay without querying this, you have not been given time to pay so it should be removed.

[seanamarts]

Another levy fee and van fee on the same day. I would love to know who agree's to all this.

 

Be interesting to see what they have placed on the levy.

[mrsnotbailiff]

Nothing as far as I know?i have no paperwork for levy! Ive not signed anything,nor do I have any paperwork other than 2 letters and breakdown of fees...can they break in?

[mrsnotbailiff]

The actual debt for.ct is £642.84 it is for my old address.i moved here 2 years ago. The bailiff didnt leave a notice of seizure,he just posted a final notice letter.when I didnt answer the door to him.but he knew I was in coz he saw my 17yr old son in upstairs wwindow! What should I do?

[mrsnotbailiff]

So am I rite in presuming they cant charge for van and levy at the same time?confused.com! :l

[seanamarts]

If you have not been given an itemised copy of the levy, then no. You need to request what was on the levy.

[dx100uk]

and this is COUNCIL TAX, breaking in is not an option.

 

Question can he break into my house on a CTAX debt while im out if no one is in, he has never been in my house before ---End Quote---

To be able to force entry to your home on a CTAX DEBT he needs the following:

1 - he must have gained previous peaceful entry and made a valid levy on goods.

2 - next time he calls you must have denied him entry following a default on a payment due.

3 - he must get the approval of the Council to apply for a forced entry, and they MUST agree FIRST

4 - he must apply to the Magistrates Court for an Order allowing him to force entry - very rarely given

5 - he must write to you giving you a date and time of when he is coming

6 - if you are then not in he may make a forced entry

thus 99.9% of the time - So you are a long, long way from this happening - not that it will, and as you have paid up to date minus his fees then no application to force entry will succeed.

Any hassles with the Bailiff do no disappear overnight and it does take a long time to resolve.

 

 

tefal your advise is crass.

 

dx

[mrsnotbailiff]

Like an idiot,

i let this guy in my house,on 20th nov,to see if I could pay by installments.

 

so,in effect,he has gained peavrful entry.

 

he turned up at my house on this day wen I was out pickin my kids' up from school

 

.he hand posted a liability letter thro the door with his number on it

 

.i rang him and as he was still outside my house I told him to come in.

 

he left and came back last week and posted a final notice

 

.stating I had to ring him to arrange a time wen he could recall to remove my effects to satisfy the debt.

 

i didnt call him

 

.today I recieved the

[mrsnotbailiff]

Today I recievef the breakdown of fees,

 

as I stated earlier.im unsure as to how I am meant to pay this ct debt.

 

do I pay rds?

 

or council using this years bill?

 

And do I still not allow him into my home

 

?the fees breakdown states on 20th nov I incurred fees for van attendance of £110 & a levy fee of £46!!!

 

Th&ts on top of the outstandin ct bill of £642.84

 

& 1st visit fee £24.50 & 2nd visit fee of £18.00

[dx100uk]

he still has to follow the above guidelines

 

dont let him back in

 

dont ever pay HIM

 

pay the coucil DIRECT

 

by YOUR internet banking site.

 

dont think he can charge levy & van fee on same day

 

dx