Rossendales/Bailiff/utter panic!

[hdkay]

Hello,

 

I've been reading here all day and I've followed lots of advice but am still paniking!!!

 

I've been stupid enough to get into this situation and dearly need to get straight but Rossendales are being really awkward!

 

The full story, I was in a crappy relationship, rent & council tax were in my name, he didn't pay. I'd ended the relationship & left and suddenly started getting letters to my Mothers house (given to them by the landlord) I contacted council, set up to pay and like an idiot never managed to pay! It was then passed to rossendales. I've been contacting them weekly to set up payments, sent my payment plan, paid a nominal £10 each Thursday and constantly explained to them I did not live at the address they had I was inbetween houses.

 

(Long long one but I was on the last 4 months of a course and the choice was give up 2 years work or allow my children to live with their Dad while I sofa surfed to save money & finish, that has actually worked and I'll have full time work from September & my ex husband has allowed me to take over the mortgage at this point & he'll move out as the kids are settled)

 

Yesterday a bailiff arrived and scared the hell out of my Mum, she did not let him in and I finally got Rossendales to take her address off.... catch being they had to put the ex husbands address on.... like a fool I gave them this and then had a call from the bailiff that he was arriving with a van!

 

I've written out the really helpful letter found on here, locked all the doors & windows and told the kids & ex husband. He is understandably fuming as it is HIS house and HIS possesions and nothing is mine (divorce was 2 years ago and came before he bought this I am on nothing, I left all possesions other than the childrens at the idiot place & yes the ex husband I probably should have just stayed with!)

 

I've been passed between the council & rossendales all morning, when I've tried to phone the bailiff he's threatened to take the beds??? sofa??? kids things??? (he can't do this can he??) and I'm slowly getting myself really worked up!!!

 

Do I leave this house and go back to being homeless and all?? I know he's now visited my Mothers house twice (he went last night and this morning) so can he come here as it's a new address??

 

Sorry it's long and ranty! I'm in a ridiculous state as I'm stressing that now all the years sacrifices will just be for nothing!!

 

Thank You,

Hannah

[hdkay]

Sorry an added question, the house we're at the neighbours large garden surrounds ours, there is no way to get to it from public property, if the landlord enters my neighbours garden (he's very elderly and has had several strokes) in able to enter mine is that legal?? I'm concerned that I'd like the children to be able to go out to play but obviously not if it means allowing a point of entry????

[lookinforinfo]

I expect that the liability order will be addressed to where the Council tax is due. As you are living with your Mother, the bailiff cannot take ggods from there -only from the address on the L/O.

They will lie and tell you that they can break in, get a van round straight away etc etc when all they are trying to do is scare you into raising as much money from you straight away.

 

You are far better off paying the money into the Council than paying the bailiff since they will increase their costs dramatically the first time you were late [even by one day].

The council will tell you that you have to pay the bailiffs. This is untrue. The Council cannot refuse any payment you make to them.

 

If you were married at the time, your ex may be also liable for the outstanding amount so he must be careful not to let the bailiff in the house as he may be able to seize his goods. In any event, if he has a

car he will need to keep that away from the house to prevent that from being clamped.

[hdkay]

I've moved the address (I moved 2 weeks ago and had been asking daily that Rossendales changed the address) to the one I'm now at which is again different from the one on the L/O.

 

I wasn't aware I could pay the council direct so thank you lots for that, I just keep getting the "it's out of our hands" line that seems to be quite common reading threads!

 

Me and the ex have now been seperated 3 years, divorce was finalised before L/O was actioned so does this exempt him??

For vehicle I don't have one and his is company so I'm guessing that's safe???

 

Thank You lots for your reply!!

[wiseajak]

No bailiffs cannot take ur beds or anything belonging to children. He cannog take cookers or washing machines either, sofas i think cannot either as adaqete seating must be left for all the family.

[hdkay]

Thank You! Thought he was pushing it with his repeated hang ups & threats to take kids things. He wouldn't even speak over the phone & just kept hanging up saying " I'm on my way have money or I'm taking everything..."

 

Have a feeling he may try later tonight rather than when it's nice and sunny but I've just made payment online to the council!!

[sgtbush]

regardless of what happened after you left, you may fall foul of the rent and CT was in your name and he lived their, did you ever change it or inform the council that you were not living their??

 

and on the point of removing goods that belong to children, things like tv's and games consoles can be removed and bikes, whether its applicable in this case is unclear as you are trying to not pay the CT but it was in your name and you didnt pay it, nor did your husband.

things like beds, bedding clothes are all untouchable by the bailiff

 

as stated, he cannot take cookers, fridges or washing machines, but if you have a cooker and a microwave, he can take the micro, tumble dryers can also be taken if its a seperate machine from the washer, sofa's would have to have the fire label attached to it, its prob under a cusion but he has to leave enough seating for every member of the family, the argument their is to leave dining room chairs, be careful.

 

note on the cars, if his car is a company car then it cannot be taken but proof would have to be shown

hope this helps

[hdkay]

Sorry RE the debt it is has no links to the ex husband other than him being my current landlord.

 

It was an ex boyfriend (Yes I'm an idiot) and no I left and I did not change my name until almost 4 months later, so though i wasn't present I am at fault so do owe the money!

 

The baliff has never entered either this house, my mothers or the address the debt is on and I plan to keep it that way and have contacted my MP this afternoon as it's cost me £20 in ringing between Rossendales, the council and the baliff which I'd have much rather paid onto the debt!!

 

Now the online payment has been accepted by the council does this mean I can say the council has accepted payment to the baliff or do I need to see if they contact me regarding the payment???

 

Thanks to all

[hdkay]

All other bills at the old house I made sure were paid & up to date weeks ago, and I was dealing with this but Rossendales refused to accept any sensible offers despite me sending full financial statements & making weekly payments & bounced it back to the baliff, funnily enough having him arrive the day before I was due to make my next payment!!

[i hate bailiffs]

As you have found out bailiffs like to tell you what they can do in the fairy tail in there head

 

You need to remember there is No right of entry No locksmith No breaking in either no police and no kidnap of the dog

They have a liability order not a warrant or court order or whatever they call it

 

Keep bailiff out any and all payments direct to council

 

The bully boy bailiff will lie and intimidate you to give him money pay council direct

[hdkay]

Urgh I cannot believe I let myself get so very upset!!

 

I've had the local MP ring back just before he left his office (surprisingly nice guy) and I'd been making payments & they had no right to send the baliff in but did as (and I quote) " They were within the death throws of what could be collected from you and they thought that as you were fairly young and alone you'd panic and pay/let them in"

It's now gone to the ombedsman as I recorded the calls where he treatened to take kids things/beds/get a lock smith & phone the police for access! Added to that I'd explained I was willing to pay more when my job started & that I am seen as vunerable due to my housing situation & young single Mum & I hope Rossendales may get an almighty kick up the arse but I will keep you posted on the progress of this!!

 

For ANYONE in a similar situation can I firstly say the MP backed up the advice to pay the council direct & not to speak too/open the door to/be afraid of the bailiff & also really your MP is surprisingly actually on your side! Then secondly the advice on here is amazing! I would have panicked & let him in for sure if I hadn't have read through all this!!!

 

Thank You to everyone who posted on here and also to everyone who took the time on so many other links to drum it in that I did not have to open the door or pay the big aggresive monkey!!

[hdkay]

Also with regards to accessing gardens, my garden is surrounded by the neighbours who's land runs next to & behind mine due to some odd land owning laws!

One neighbour is elderly & has had several strokes as mentioned & the other is under social services care for mental health reasons, were they to access my property via either neighbour it would be tresspass as both are vunerable & there was something else about neighbours granting access to property that I will go back & look but you all no doubt know!!!

I need to go give my head a wobble & calm down!!!

[lookinforinfo]

The L/O does not extend to your current address. Any bailiff who calls at your house is trespassing and you can ask him to leave or call the Police and have him removed-though you may have to

ensure that the Police see the L/O and that it is not for your address.

It might be a n idea to write to the Rossendale's advising them that you have withdrawn any permission they may think they have to visit your new address adding that your neighbours on either side

are elderly and vulnerable. Tell them also that you are paying the Council direct so that is another reason for them not to call.

 

You should also write to the Council pointing out that you have been advised by your MP to pay the Council direct and you have started doing so-quoting the date and amount. If you can, confirm that you will make that payment every month on the same day to pay off the debt. It is doubtful that they will call off the bailiffs but you could ask, pointing out that your current home can only be accessed by entering other people's domain and they are elderly and one is very vulnerable. Remind them that the council is responsible for their bailiffs actions.

[ukaviator]

You need to get yourself disassociated financially from your husband. Your credit file will show a connection between you and your ex which could affect lending decisions for you in the future. To do this fill in the online forms at the 3 main credit reference agencies websites. Call Credit, Equifax and Experian. Here is one to get you started.

 

http://www.experian.co.uk/contactforms/consumer_onlinedisassociation.html

[brassnecked]

Your neighbour if the bailiff has to cross his land can order him off on sight, as he is trespassing on HIS land, as in the skinny old coot on Redneck Rampage shouting "Git off my land"

[tomtubby]

Knowing WHY a bailiff acts in the way that he does will help you you to solve this matter:

 

A large percentage of bailiffs are NOT employed and instead, earn a good commission.

 

Others will be employed on a low wage and make up their earnings with commission. So....how do they earn commission?

 

With council tax the fees are set by LAW and consist of a fee of £24.50 for "Attending to levy" ( where no levy was made). In other words if the bailiff comes to your home when you are not at home and he cannot levy upon a car or other goods outside then he can charge £24.50 to your account.

 

He can make ANOTHER identical visit to your home (ie: where you are not at home and no levy can be made) but this fee is set by law at £18.00. The fee was set at a lower amount years ago to discourage bailiffs from visiting at 10am and against at 11am.

 

It is important to be aware that a bailiff can visit 5 more times if he wishes BUT he cannot charge any further fees UNLESS he is able to levy.

 

Next...it is important to note that the fees as outlined above will NOT form any part of the commission for the bailiff. These fees are kept by the employer.

 

So.....how can the bailiff get his commission?

 

The bailiff NEEDS to be able to EITHER levy upon a car outside or alternatively......to be able to persuade a debtor to allow him peaceful entry into the property. Remember......that unless the debt is an unpaid court fine....the debtor can refuse entry....

 

If the bailiff is able to "gain entry" he can then "levy" upon goods (that are not exempt by law) and in doing so he is permitted to charge a "levy" fee. This is set by law and roughly for a Liability Order of £700 will be around £65. He can also legally charge a walking possession fee of £12.

 

The bailiff will not earn much commission from either of these fees but he will earn a healthy commission from the NEXT stage......

 

After "levying" upon goods the bailiff will then tell the debtor how much HE will accept each month and as long as he sets the figure high enough he will know that there is a good chance of the debtor DEFAULTING.

 

Bailiffs make their money from people who DEFAULT on payment arrangements.

 

The debtor will SOMETIMES be told ( very rare) of the DATE each month that payments need to be made. Most times the bailiff will ASSUME that the debtor knows that if she signed the WP on the 14th of the month that all future payments MUST clear the companies bank account BY the 14th of each following month.

 

As soon as a payment is ONE DAY LATE all bailiff companies computers will TRIGGER a "van removal" visit. This will typically be in the region of £150-£200 and this is where the bailiff earns his commission.

 

Avoiding an "Attending to Remove" fee is crucial.

 

In your particular case.....as you do not have a car the bailiff will be desperate to try to convince you to allow him into your home. If this is not possible then the MAXIMUM fees that can be added to your account is just £42.50