Rossendales bailiff with LO from CSA - Statutory Declaration needed for OH's stuff?

[JonniBravo]

Hi,

 

When I was young and foolish I run up a debt of £1500 on one child and £1659 on another, for some unknown reason the £1500 turned to zero, I think because my daughter moved to Turkey for a year(back now), however the £1659 is still outstanding, this is the treasurers money, all monies owed to my child have always been paid.

 

During the last six years I have been living as a house husband and working towards a career in nursing and have been at University for the last 2 and half years. I recently moved into my partners home which she is the only named tenant, I received a phone call from child maintenance and enforcement agency saying I must pay the above amount or they would send the bailiffs to my address, I explained my current financial position was the same as the last time they contacted me(provided financials below), however they said the matter had been taken to court(not sure what the outcome was not explained) and that I must pay regardless of whether I have income or not bailiffs would be sent in, unfortunately I have to concede that when I moved I did neglect to tell them, however they did and always have had my telephone number and they new my new address which I assume is due to the court action. Rossendales have called me this morning but put the phone down when I answered????

 

My question what action can they take?

Can they take items from my partners home?

Do they have a right to take from our joint claim for working tax and child tax?

Can they take my partners car?

 

Financials

 

I have no specific income, I do receive a bursary from the NHS and 50% childcare, but when childcare and travel to work(Placements) is paid there is nothing left.

 

I have a joint claim of tax credits with my partner, this is mostly child tax but there is some working tax, this is not my income as such as it is all used for our son and household bills

 

Thanks in advance

Edited November 26, 2012 by JonniBravo

[Bazooka Boo]

Stay OFF the phone, Rossers are either acting as debt collectors or bailiffs, have they sent you anything? If so what do the letters say?

 

If acting as bailiffs, then they would need a warrant to remove any goods, and they would have to be yours, no-one elses.

 

You need to find out if there is actually a CCJ awarded against you, check http://www.trustonline.org.uk/

 

If there is a CCJ then you might be able to get it set aside. Or I'm not fully understanding what you mean by running up a debt?

[JonniBravo]

Nothing has been sent as yet, they called this morning but put the phone down when I answered. I'll check the website you provided.

[ploddertom]

I think with this they go to the magistrates Court & obtain a Liability Order against you - similar to Council Tax. This way they can do it without providing a pile of paperwork or giving you a chance to defend.

[JonniBravo]

I think with this they go to the magistrates Court & obtain a Liability Order against you - similar to Council Tax. This way they can do it without providing a pile of paperwork or giving you a chance to defend.

 

But can they remove items from my partners home, do we have to prove the items are hers, the only thing I have bought is the cloths I moved in with and a tv I brought with me.

[ju1974]

Could someone please help me? , I'm sorry I don't quite get how to start a new post/thread but I need advice about rossendale bailiffs, I'd just like to know if my back yard is unsecure and they come into it, does that mean they can gain access to my locked home?, I have a council tax debt £1100 that I'm paying back to the council direct even though they won't help or call the bailiffs off, and know my rights and to not let them in etc, but I've had 2 visits and prob due another soon and I'm having work done on my backyard and need to leave the yard gate unlocked for the builders access, I'm not daft enough to leave my home unlocked but if the yards unlocked are they allowed to go into my locked home?

[Stigman]

I'd just like to know if my back yard is unsecure and they come into it, does that mean they can gain access to my locked home?

 

Hi,

 

NO, the Bailiffs cannot break into your locked home, make sure that anything like storage sheds are fully secure.

 

Are you under the vulnerable status? Pregnant, Disabled or with a mental disability, non-native English speaker etc. ?

If so, the Council have to take the debt back from the Bailiffs, continue to pay the Council and also write to the Bailiffs telling them that you are paying the Council direct.

 

Have you spoke to the Council about the debt?

 

Stigman

[ju1974]

Hi,

 

NO, the Bailiffs cannot break into your locked home, make sure that anything like storage sheds are fully secure.

 

Are you under the vulnerable status? Pregnant, Disabled or with a mental disability, non-native English speaker etc. ?

If so, the Council have to take the debt back from the Bailiffs, continue to pay the Council and also write to the Bailiffs telling them that you are paying the Council direct.

 

Have you spoke to the Council about the debt?

 

Stigman

 

Ty stigman, spoke to the council and had the usual deal with the bailiff comment, only contacted the bailiff by text after first visit to let them know I'm paying council direct and refusing to let them in or have any dealings with them, bailiff replied he would talk to the council but did a 2nd visit a week or so later, that was last week, emailed council telling them I'd made a direct payment and to make a formal complaint and had no reply, told them I have 3 children of which 2 are autistic and one severe cerebral palsey but as I said no reply, am paying £40 per month as my husband is on a low wage, am not too worried about the bailiff but just worried as my yard will be unsecure from Monday, Ty for your help :0)

[Stigman]

told them I have 3 children of which 2 are autistic and one severe cerebral palsey

 

You need to go and see the Council, your family is classed as vulnerable and the debt should be returned.

 

Do not take no for an answer from the desk monkey, keep asking to go higher up.

 

Hopefully, someone can please post up the relevant piece of law so that this can be quoted to the Council???? As I cannot find it!

 

Stigman

[ju1974]

You need to go and see the Council, your family is classed as vulnerable and the debt should be returned.

 

Do not take no for an answer from the desk monkey, keep asking to go higher up.

 

Hopefully, someone can please post up the relevant piece of law so that this can be quoted to the Council???? As I cannot find it!

 

Stigman

Ty again, ill write and email a further complaint but ill send the posted one via recorded delivery, this all started when I had a letter from the council about the debt giving me 14 days to reply and come to an arrangement which I did via post, never had a reply and then low and behold a bailiff visit, contacted the council and had a Short reply saying they hadn't recieved my letter and to deal with the bailiff even though the 14 days had only gone over by 5 days when the bailiff visited and the council had said they'd not got my letter, I further emailed to complain and they never replied, I then emailed a complaint and told them of my circumstances and they never replied again

[ploddertom]

Council Tax

Do not believe any amounts the Bailiff tells you. 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

 

The Council remain 100% liable for your debt regardless of anything they say otherwise. Looking at what you have said above you should fall into the vulnerable category as set out in the National Standards for Enforcement Agents. All Councils and enforcement agencies have agreed to abide by these rules. You will have to submit some proof though - letter from GP or other medical professional perhaps or if you get DLA then proof of the award notice. I would also strongly suggest you contact the Council or local CAB and see if they have a Welfare Rights Adviser who may check to see you are claiming everything you are entitled to.

 

As for the Bailiff have you checked to see what fees they are charging? The main thing however is to ensure they do not gain access to your home, no matter what they claim or say. This also holds true for your initial enquiry. Providing you do this then the most the Bailiff can charge you for Council Tax is £42-50 in total no matter how many visits they make.

[ju1974]

Council Tax

Do not believe any amounts the Bailiff tells you. 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

 

The Council remain 100% liable for your debt regardless of anything they say otherwise. Looking at what you have said above you should fall into the vulnerable category as set out in the National Standards for Enforcement Agents. All Councils and enforcement agencies have agreed to abide by these rules. You will have to submit some proof though - letter from GP or other medical professional perhaps or if you get DLA then proof of the award notice. I would also strongly suggest you contact the Council or local CAB and see if they have a Welfare Rights Adviser who may check to see you are claiming everything you are entitled to.

 

As for the Bailiff have you checked to see what fees they are charging? The main thing however is to ensure they do not gain access to your home, no matter what they claim or say. This also holds true for your initial enquiry. Providing you do this then the most the Bailiff can charge you for Council Tax is £42-50 in total no matter how many visits they make.

I need the relevant piece of law as I had a response to my complaint an all it said was as I hadn't replied in time to the council I could send income details and pay rossendales direct and council refuse to take debt back from them, I have no intention of dealing with rossendales so the relevant piece of law to quote to the council when I respond to the complaint would be useful ty

[Stigman]

I need the relevant piece of law

 

http://www.justice.gov.uk/downloads/courts/bailiffs-enforcement-officers/national-standards-enforcement-agents.pdf

Section 9 for Vulnerable Situations

 

Stigman

[ploddertom]

I need the relevant piece of law as I had a response to my complaint an all it said was as I hadn't replied in time to the council I could send income details and pay rossendales direct and council refuse to take debt back from them, I have no intention of dealing with rossendales so the relevant piece of law to quote to the council when I respond to the complaint would be useful ty

 

What time limit are they referring to? There is no law that says you have to deal with or speak to a Bailiff. If for your Council Tax then the Council remain 100% liable for the actions & charges of their appointed contractor. You may pay the Council direct using online banking, Council website or automated phone. You may even pay in cash across the Council counter and if it is refused you politely ask for the name & position of that person as that will form the basis of a complaint against the Council.

[twofoot]

If you were ordered to pay maintenance for a daughter it still stands if she goes abroad, unless YOU apply to stop it.

[JonniBravo]

For some reason the debt was removed and has remained removed despite my daughter being back in the uk for last 3 years, I have not recieved any information regarding her child support even though I continue to have access.

[JonniBravo]

I just spoke to Rossendales regarding a debt that they are trying to enforce,

 

I have offered them financial evidence advising I have no income,

I have told them what I do get for childcare and that I live in my partners home and that property here is hers and hers alone apart from clothes,

 

she suffered a miscarriage last year and is pregnant again and she is very vulnerable,

but despite this they are still sending the bailiffs,

 

Where can I get a statutory declaration and how do I get it signed.

[unclebulgaria67]

Visit a local solicitors office and swear an SD, which they will witness. Whether Rossendales take any notice is another matter.

 

I think you need to contact whoever the debt is owed to, to point out your circumstances and make them aware that they would be held responsible for the conduct of Rossendales. You could also contact the local Police and ask for protection from Harassment, given the situation.

[JonniBravo]

I've just phoned a solicitor and they have stated that they wont do a statutory declaration unless they know the person involved

[dx100uk]

tell us about the debt please

 

dx

[JonniBravo]

I have been ill for the last 5 years

 

I have an old csa debt which I managed to whittle down to £1700 from £3000,

during the last 5 years I have been nil assessed and as I did not have a working income,

 

I moved into my partners address and started a University course in a bid to better my career options, the csa were aware of this.

 

Unforunately because I did not have any dealings with the csa I neglected to tell them I had moved(I am an Idiot)

 

hey obtained a liability order against me despite knowing I was still at University and had no income,

 

I got a phone call from the csa last week and I told them I have no income and I don't finish university till 2014,

my partner has quite rightly refused to pay the debt and now all her possessions are at risk because I am living here.

 

I have since the told bailiffs I receive a student loan in January and I may be able to offer then a payment from that

but that I could not offer them a monthly payment as I do not receive any weekly or monthly income,

 

at present my partner is 4 months pregnant and depressed following a miscarridge last year,

 

I understand the baliffs have a job to do and the debt must be paid

but my partner is suffering as a result of my stupidity and I am on the verge of leaving the property,

 

I am desperate please help!!

[dx100uk]

her goods are NONE of their buisiness - correct.

 

dx

[dx100uk]

the SD text is on here & all you need to do is get any court official to sign it - i think.

[JonniBravo]

I rang a solicitor and they said they could not sign a declaration because they did not know my o.h.

[seanamarts]

Take it to a county court, it dosnt have to be done by a solicitor.