Rossendales

[Whoopie Do]

I need a little advice please. My council sent my council tax bill to Rossendales.

 

I received no notification from the council that this had been to court, first I knew was a letter from Rossendales saying they were coming to my house to do the walkthrough (or whatever it is called) but I could arrange a repayment plan with them, so I completed the paperwork sent it off and Rossendales refused 91.00 per month which was my normal monthly payment.

 

I rang the council and she informed me that Rossendales wanted 126.00 a month, I agreed to pay this and got the paperwork from Rossendales detailing my payment plan.

 

Unfortunately, I was late paying my November payment, it should have been the 28th and I actually paid it on 3rd December. I have come home tonight and there has been a letter shoved through my letter box from Rossendales Notice of Bailiffs Attendance for Council Tax.

 

They are intending to seize my property for 506.00 plus costs, what costs?? It also states that if I cannot afford to pay this amount in full then it is not too late to pay by instalments if I pay an initial charge of 50.00.

 

There was a contact number on this letter which I was told I would need to contact this guy on immediately, which I did but there was no response.

 

Can they charge me 50.00, can they just expect to take my property when they have not even done the walkthrough

Edited December 11, 2012 by citizenB

[ploddertom]

What they can charge is set out by the Regulations which govern Council Tax. The bailiff will attend your home with the intention to levy distress on your goods, where he cannot elicit an answer at the door or make a levy on goods he may charge £24-50 for the 1st Visit and if the same happens on a 2nd Visit the charge is £18-00. No matter how many times he visits after that he can charge no more. However if he gains access to your home or levies on goods outside - most notably a car - then the game changes and the fees increase dramatically. No matter what happens or what he say do NOT under any circumstances allow him entry to your home.

 

There is no law that says you have to deal with or speak to a Bailiff. If it were me I would pay the Council direct via online banking, Council website or automated phone and budget extra for lawful Bailiff fees.

[ploddertom]

Do you know exactly how much you owe - do not believe the Bailiff's figures. 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]

I don't doubt the Bailiff is over egging the basket when it comes to his fees, hoping you will pay for an extra large turkey. You should send off for breakdown of his fees. Best done initially by email followed by a copy in the post - you could always pop a Crimbo card in it! here's an example of what to put, use and adapt at will.

 

"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"

[Whoopie Do]

Thanks for the info. It just seems wrong that they have gone to this extreme for the sake of 3 days. What happens when I send them the letter do they have to leave me alone. Can I refuse to pay them and pay the council instead or will the coucil refuse my payment. The only car in my drive is registered to my son, so I guess they cannot use that and it is still under finance. THere is no way that I would let them in anyway, I will take my rather large German Shepherd to the door with me, he don't like strangers lol.

[ploddertom]

Thanks for the info. It just seems wrong that they have gone to this extreme for the sake of 3 days. Unfortunately this is how they operate. What happens when I send them the letter do they have to leave me alone. Unfortunately not. Can I refuse to pay them and pay the council instead - yes you can - or will the coucil refuse my payment. If you have the Council's banking details from your CT bill it cannot be refused. or if you have a payment card, you may even pay in cash at the Council only this time if met by refusal you politely ask for the name & position of that person as it will form the basis of a complaint against the Council. The only car in my drive is registered to my son, so I guess they cannot use that and it is still under finance. They will no doubt try so be prepared for this, it is a reasonably simple matter to sort it out afterwards. THere is no way that I would let them in anyway, I will take my rather large German Shepherd to the door with me, - better off just letting him bark otherwise they may try to argue whether the dog is out of control, better still do you have a notice you can put up which says "I live here" or similar, that then puts them on notice there is a dog on the premises. he don't like strangers lol.

 

PT

[Whoopie Do]

Thanks PT.

 

If I pay the council direct, will the muppets from Rossendales keep turning up at my house and adding extra monies? Do I inform Rossedales that I am no longer going to pay them?

 

WD

[tomtubby]

You have to understand the REASON WHY the bailiff company are acting as they are. At present, the ONLY fees that they can charge to your account are limited to £42.50.

 

If they can "convince" you to let their bailiff into your home the fees INCREASE SUBSTANTIALLY. Firstly, they can then legally apply a LEVY FEE ( which varies depending on the amount that is owed at the time).

 

Next....at the same visit they may then charge a WALKING POSSESSION FEE of £12.

 

Where the REAL MONEY can be earned is that if you are so much as just 1 day late in making payment under the arrangement, the bailiff co will then charge an ATTENDING TO REMOVE fee to your account This can range from £100 to £200.

 

It is for this reason that a bailiff is DESPERATE to get your permission to allow him to come into your home.

 

ALWAYS REFUSE...and the simple reason for this......

 

 

You cannot at present afford to pay the council tax and allowing a bailiff into your home will incur you in additional fees and charges that you cannot afford to repay. SIMPLE !!!!!

[ploddertom]

Thanks PT.

 

If I pay the council direct, will the muppets from Rossendales keep turning up at my house and adding extra monies? They can turn up as many times as they like but providing you deny them access or prevent a levy on goods outside they can charge no more - I don't doubt they will try adding extra fees if they can. Do I inform Rossedales that I am no longer going to pay them? Personally I would tell them diddly squat, if they want to waste their time & money turning up then that is their problem, if you pay the Council they will inform Rossendales monies have been paid.

 

WD

 

PT

[Jamesx81x]

If they do manage to Levy but the levy is based on the addition of charges to the original warrant that have been added unlawfully(ie not in schedule) does the levy still remain in place and valid?

[Whoopie Do]

PT

 

Thanks again PT.

 

I spoke to the muppet from Rossedales today and he confirmed that I had broke my agreement.

 

He wanted to call at my house again to set an arrangment up but obviously did not like the times that I go to work or get home from work.

 

He is now going to drop some forms off for me to sign for a new arrangement next time he is in the area

which I apparently send back to Rossendales asap but of course there is yet another charge for that, how much, I do not know.

[dx100uk]

why did you phone the bailiffs?

 

deal direct & pay direct to the council.

 

never ever pay a bailiff anything

nor ever sign anything.

 

dx

[brassnecked]

Thanks again PT.

 

I spoke to the muppet from Rossedales today and he confirmed that I had broke my agreement.

 

He wanted to call at my house again to set an arrangment up but obviously did not like the times that I go to work or get home from work.

 

He is now going to drop some forms off for me to sign for a new arrangement next time he is in the area

which I apparently send back to Rossendales asap but of course there is yet another charge for that, how much, I do not know.

 

Do not let him in if he calls, beware the random levy in your absence when he drops the forms off! The "other charges" may well be an attending to remove, a van fee, and whatever else is fee of the day in the Brothers Grimm Handbook of Bailiff Charges he will add these notwithstanding he knew you weren't in, and cannot force entry, and was calling to push some forms through the letterbox. those forms could include a notice of seizure of whatever he claps eyes on outside even a random parked car, or van, so lock any garden furniture etc away. Deal with council, as per DX100 tell them you don't trust the bailiff to deal fairly with you, you could mention if you wished, that you have become aware of a recent case where Rossendales bailiffs were proven to be liars in the Crown Court in the course of an appeal against conviction of debtor accused of assaulting them, when it was they who assaulted the debtor during a botched enforcement where there was actually no debt * so you will be paying £xx every XX on a say Monday, to ensure money is in account by the Friday using their online system if they refuse counter payments.

 

If you tender a payment to the payment counter and are refused get the apparatchik on the counter in the council office, to sign a note in writing they are refusing payment as this can be used in a Formal Complaint later if required, as they are required by law to accept a legally tendered payment whether an account is with bailiffs or not. they retain control of the account at all times, it is passed to bailiffs for collection only, the debt cannot lawfully be sold or otherwise transferred from the councils ultimate control ever!

 

*http://www.consumeractiongroup.co.uk/forum/showthread.php?375769-Forced-entry-by-Rossendale-bailiffs%283-Viewing%29-nbsp

Edited December 13, 2012 by brassnecked

[Whoopie Do]

Hi,

sorry but I need a little more help.

 

I took the advice and paid my Council via their online payment facility in December then I emailed their offices

and told them that I would not be paying Rossedales anymore but would pay the Council direct as was my right to do so.

 

I told them that they should inform Rossedales of this.

 

I have come home today to find that Rossendales muppet has been again and dropped some more papers through my door

as in a Notice of Distress to sieze my goods for the amount owing,

 

4 Bank Giro credits payable to Rossedales and a request to Pay by Installment Form.

 

Where do I go from here?

 

Rossendales have also added 24.50 for the first visit and 18.00 for today.

 

I seem to recall I read somewhere that they cannot even charge me this as I was not in on both occassions

[wonkeydonkey]

Just carry on paying the Council online...Rottendales are not worth losing sleep over, everything Tomtubby said in post#8 still stands, they can call as often as they like but not a penny more can they charge you..they will eventually get the message and realise you will not entertain them, when the penny drops they will move on to the next poor sod yet to find us here at cag.

 

WD

[brassnecked]

The payment slips smack of desperation and a desire to make you think you should pay them and the charges they will add if they think they can get away with them. keep paying the council, keep them out and deny them a levy.

[ploddertom]

Rossendales have also added 24.50 for the first visit and 18.00 for today.

 

I seem to recall I read somewhere that they cannot even charge me this as I was not in on both occassions

 

Doesn't matter whether you are in or not unfortunately.

 

I would concur with what others have said about dealing with them. Providing you deny them access to your home or prevent a levy on goods outside they remain powerless and will eventually move on when they find they are getting nowhere.