Shaokahn and Rossendales - CTAX debts.

[shaokahn]

Last week the not so nice Baliff person from Rossendales called at the house and pushed through the letter box

a Notice of Bailiffs Attendance for a Magistrates Liability Order/Warrant of Execution for unpaid council tax.

 

The letter went on to state that the intention was to sieze goods etc to discharge the debt.

 

It also went on to say that even at this late stage with an initial payment of £150 I can still pay by instalments, if I pay it to Rossendales.

 

I wont go into too much detail but the tax for 2011/12 and 2012/13 was outstanding.

 

A lump sum was taken from my redundancy money of approx £2000 by an attatchment of earnings and I've paid a further £1000 lump sum, leaving just under £1000 outstanding.

 

I do now have a full time job again so will be able to make monthly payments on time.

 

Although Rossendales want me to pay them direct I decided to pay the council via their website £150 today.

 

My intention is to visit them in person at the council office Monday to sort out payment by £150 instalment till the debt is paid off

(they did offer me this service when I last spoke to them on the phone).

 

Not wanting the bailiff to enter the house I informed them by phone that I would not be available,

that even if they did turn up they would not be let in and that I had paid £150 to the council direct .

 

As expected the bailiffs attitude changed as I told them that I would be happy to contact them by mid next week to tell them what the Council have said.

 

I also told them that the Council can't refuse to take my payments and I am intending to pay them only and not Rossendales.

 

The bailiff has retaliated by visiting my home the very same day as the phone call was made,

they give my son who was outside at the time, a letter containing a Notice of Distress saying they have siezed the car,

although I will add the car belongs to my wife and is in her name on the V5C.

 

The liability for the council tax is in my name only.

 

At no time have I had a meeting with anyone from Rossendales, only a talk on the phone.

 

the question is what next, can they take the car being as it's registered owner is my wife and not me.

 

The have applied a first visit fee of £24.50 and a second visit fee of £52.00 even thought I said I would contact them mid next week

 

They have given me 5 days from today to pay the distress.

 

Can I argue the fact with the council that as i've paid recently almost £3000 that I have paid off the liability for the 2012/13 tax year which is what the Bailiifs are working on.

 

Thanks for your help

Shaokahn

[i hate bailiffs]

The have applied a first visit fee of £24.50 and a second visit fee of £52.00

 

fees are wrong £24.50 first visit £18.00 second visit where no levy

 

what paperwork have they left you?

 

tuck the car away for now

 

you are right any and all payments direct to council

[shaokahn]

Today they left me

 

A Notice of Distress for the car.

Request to pay by installments which includes an income and expenditure form on the back

Bank Giro payment slips

 

They have not clamped or done anything to the car and I and the wife still intend to use it as normal,

after all it is her car according to the Vehicle Registration Document

 

Once I see the Council and sort out a payment plan will I have to dispute Rossendales fees direct to them or the council?

 

Would it be best done after i've paid the Council tax or jump on The Bailiffs whilst the irons hot?

 

Thanks for your help

 

Shaokahn

[i hate bailiffs]

Tossendales are well known to inflate fees how much is value of car how much is the debt

 

you can send this to tossendales for a breakdown of fees

As for the bailiffs, you need a Breakdown of the fees they are charging, here's an example of what to use, 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"

[shaokahn]

Cars worth about £2000 and debt is about £750 now i've reduced it by £150 paying direct to the council.

Then add on inflated charges of £24.50 and £52.

 

Just checked their paper work again and that £52 is the Levy fee not the second visit as thought

,( can't read their writing)

 

how do they justify that when they haven't even seen me yet or gained entry to the house?

 

Can they call back and sieze or try to sieze the car at any time before I get to the council?

 

Many thanks

Shaokahn

[i hate bailiffs]

What the bailiffs are wanting is your cash and set up a repayment arrangement with you they will insist on a high amount each month to make you default then they will charge van attendance fees of around £180

 

do you have a garage to hide car away for now when not using

 

sounds like bailiffs have acted lawfully so far

 

the car is vulnerable at this point:sad:

[Jamesx81x]

They dont have to gain access to the house to levy on vehicles outside, its what they prefer to do as its easy for them and suits their sneaky ways

 

If it is not your car levy is invalid, third party goods

[shaokahn]

Am I right thinking that I have 5 days according to the Notice of Distress before they will act?

If that being the case I have time to sort it with the Council and stop the Bailiff all together.

 

Shaokahn

[ploddertom]

The levy on the car will seen to be lawful. Council Tax is seen as a joint & several debt, therefore although it may be you that is named on the CT bill it actually includes both yourself & your wife. Is the car on any finance?

[Jamesx81x]

They argue the toss when it is on finance too

 

Seem to go by the spiel of how they have good relationships with the finance companies and if indeed they did seize the car the finance company can just issue an interpleader to claim the goods

 

They do not get the fact that by law it is third party goods until the final payment is made

 

Anyway that is only the case if your car is indeed on finance

 

If you pay it off with the council then the debt is discharged but i do believe they can still claim their fees if they have undertaken lawful work, someone correct me if that is incorrect

[shaokahn]

Car is finance free, and sitting at the side of it is also a 15 year old car that is best part worthless, they haven't bothered with that one!

thanks

Shaokahn

[dx100uk]

pay the council by YOUR internet banking site

 

use the info on the reverse of any CTAX bill.

 

the council can't refuse it that way.

 

as for the car its a joint debt, so its fair game.

 

dx

 

 

dx

[shaokahn]

I decided a run down to the Council offices was needed.

 

I got there only to be told that they had moved all the collections to a central address

and that I would have to ring them as they only had access to basic infomation which was read only.

 

Fair enough I thought, so I went home and rang the number.

 

I explained what was going on, only to be told your account had been transfered (along with thousands of others) to the Bailiffs for collection.

I told them I didn't want to deal with the Bailiffs and would deal with them instead.

 

Not going to happen she said, we are not going to make an exception for you or anyone else, your account is with them and you will pay them only not us.

 

So I protested and she she said sorry and put the phone down on me!

 

I rang back but she didn't want to know, deal with the Bailiffs like I told you she said.

 

A phone call to the Bailiffs and I'm now set up to pay it back monthly,

not what I wanted and somewhat defeated on this one,

but I must say it goes against the grain with the Council official not wanting to know or help.

 

Shaokahn

[Leakie]

The council can not refuse the payment

carry on paying on line

 

leakie

[ploddertom]

Do you have the CT Bill that needs paying because on that will be the details you need to pay them direct.

[dx100uk]

use YOUR internet banking site and the details on the back of your ctax bill

never ever pay a bailiff!!

 

dx

[dx100uk]

smacks of capita here....

 

 

dx

[shaokahn]

With the levy being put on the car it's not worth the hassle to fight them as my case with them is a bit too far advanced.

If I had sorted it early like I should have done I would have given the bailiffs the flick for sure.

I'm going to let this one ride as I will be paying it off soon anyway, I've still landed myself with Bailiff charges to pay all the same.

 

Shaokahn

[brassnecked]

You can still challenge any unlawful or wrongful fees applied to your account, you can do this once you have paid if you wish by sending the Acme letter to dossendales requesting information from the council, posting up the charges as per what dossers put on the Acme letter reply on CAG so Caggers can help you unpick them for validity.

 

You can then demand repayment of any unlawful fees, from the council with threats of County Court against them, and bailiffs coming to seize goods if the unlawful fees are not repaid as they 100% liable for the actions of their agent tossendales, who cannot seem to resist adding the odd dodgy fee. You have 6 years from the date of payment to do this.

 

"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"