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I had a bailiff letter back in November last year with regards to outstanding council tax.

 

I sent an email to the company (Rossendales) and asked for a breakdown of their charges they added on to the debt - there were three different years to be collected.

 

I offered to pay £100 per month to them, or I'll put the money aside to pay the council as and when they took the debt back. They refused to accept this amount.

 

From what I could see, they have added three separate amounts on to the original debt, which I believe they cannot do.

 

Now, I have a bailiff sitting outside my house with a van, saying he's going to remove my goods. He has not at any time entered my property, and won't either.

 

What can I do about this?

 

Any help appreciated

 

Zeb

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I had to go out while he was still there, got into my car and drove off. He had clamped my car, which I did not notice, which has damaged the front wing of my car - the clamp was made of chains which came off when I drove away.

 

I reversed back when I had seen what he had done, he thought it was funny and said he'd be back tomorrow with a truck to lift my car. I need my car for work, if they take it I'll loose my job - simple as that.

 

Are they allowed to clamp cars and not tell the presumed owner?

 

There is another car on my drive that belongs to my son - apparently they have put paperwork through my letterbox to take this car too - can they do this also? This car has no insurance so is off road at the minute.

 

Help appreciated

 

Zeb

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I sent an email to the company (Rossendales) and asked for a breakdown of their charges they added on to the debt - there were three different years to be collected. Did you also sent a copy by post and did you list each account number

 

I offered to pay £100 per month to them, or I'll put the money aside to pay the council as and when they took the debt back. They refused to accept this amount. par for the course

 

From what I could see, they have added three separate amounts on to the original debt, which I believe they cannot do. Did they reply

 

Now, I have a bailiff sitting outside my house with a van, saying he's going to remove my goods. He has not at any time entered my property, and won't either.

 

What can I do about this?

 

Any help appreciated

 

Zeb

 

PT


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There is another car on my drive that belongs to my son - apparently they have put paperwork through my letterbox to take this car too - can they do this also? No, you need to notify them that the vehicle belongs to someone else and a simple DVLA check will reveal this to be true, any hassles and get your son to do a Statutory Declaration. This car has no insurance so is off road at the minute.

 

Help appreciated

 

Zeb

 

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I assume there was no notice placed on your car advising it was clamped. Is your car on any finance?

 

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To answer the questions, yes I did include account numbers and also followed up the email by letter, both to my local council and to Rossendales. Rossendales did reply via email to turn down my offer of payment, and said they will send me a breakdown of costs and charges added within 14 days - this they did not do and I am still waiting for this information.

 

As for the car, there was no notice put on the car to say it was clamped, and the guy actually sat in his van which was parked behind my car and watched me pull away. The other car was recently in my name but has been transferred to my son. We have the green section of the log book and I'll get him to complete a statutory declaration. Neither of the cars are on finance.

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They are entitled to levy on anything on your proerty they believe to be yours (they've even levied on dogs before now!)

 

As long as they have not been given physical access to your property, thay cannot force entry, so do not let them in. Tlak to them through the letterbox or from an upstairs window if you have to.

 

As regards your car, park it a few streets away so it's not there!

 

Finally do not pay the bailiffs one penny. Pay the council online or through their automated phone system. If you try to pay the front desk they will lie and tell you they cannot accept your payment.

 

Bailiffs are very restricted as to what fees they can charge for council tax. They try to get round this by making them up. They are only allowed to charge for two visits (totalling 42.50), they cannot charge a levy fee and a van fee on the same day. Everytime they charge you anything they should leave you paperwork stating what has been charged, what balance remains outstanding etc.... Let them carry on making up fees, keep the evidence then we'll use this to get rid of them.

 

With regards to the car on your driveway, can you copy the green slip proving it's not yours and tape it to the windscreen inside the car with a big sign saying I am not the owner of this vehicle. If they then take it, phone the police and report them for theft.

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So, can the bailiffs only charge me 2 visits? I know they have added a lot more than that on to the original Council Tax, but the problem I have is they have not left a breakdown of their charges.On the paperwork he left last night, he has listed an amount for client debt AND costs outstanding (which I do not agree with), then a levy fee of £47 AND an amount he labeled Other of £110. From what I have read he can't do this - is this correct?

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So, can the bailiffs only charge me 2 visits? I know they have added a lot more than that on to the original Council Tax, but the problem I have is they have not left a breakdown of their charges.On the paperwork he left last night, he has listed an amount for client debt AND costs outstanding (which I do not agree with), then a levy fee of £47 AND an amount he labeled Other of £110. From what I have read he can't do this - is this correct?

They can only charge for two visits (made on different days) totalling £42.50. If you cannot get a breakdown of the fees SAR them. I've just done this to bailiffs and council after 3 years (didn't know any better back then) and just this morning received a very healthy cheque in the post for excessive charges.

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After all that happened I wrote to complain to both the Council and Rossendale. Got a reply by Rossendale but not the council, the council saying Rossendales were dealing with the complaint on their behalf. Also asked the Council to take back the account, but have had no reply from them. They did tell me in the past and prior to these events they could not do that once it was out with the bailiff, but I know they were telling lies.

 

Finally got a breakdown of fees but with no dates when these fees were applied - thats because there was three accounts and all fees were added on one visit - one set of fees per account. Also got a list of fees for the clamping - on top of the others which includes a fee of £110 for 'others'

 

I don't accept what they say in their reply (complete boll**ks) to my complaint and need a little advice - I have my complaint in email and also their reply, if anyone would like to see a copy let me know. Need a little help as to my next step if anyone is willing. I am going to take this further, as my car has been damaged and they are not getting away with their lies and bullying tactics with me.

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Is it possible to post up the reply of both the council and the bailiffs please? With the council, say who you sent it to. Obviously remove personal details first.

 

Thanks.

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Yes, sorry for the delay - my son needs an operation and has also just been diagnosed with arthritis, so been a bit hectic lately.

 

The council emailed this:

Dear Mr ******

Please find attached a copy of the letter which was sent to you on 3 February. It was sent by Natalie Brooks, Complaint Officer at Rossendales bailiffs, who are representing the Council in this matter.

 

Thats all I have received from the council

 

Rossendales sent this:

 

Dear Mr & Mrs ********,

 

 

Re: Stage 1 Complaint – Bailiff Conduct

 

 

We thank you for your e-mail dated 31st January 2011. I have now had the opportunity to investigate your complaint. I will begin by outlining your complaint, before responding to the issues that you have raised and drawing my conclusions.

 

 

Your Complaint

 

 

Having read your complaint, I have highlighted the issues listed below to investigate.

 

 

 

  1. You state your offer of £100 per month was refused and you did not receive the breakdown of your accounts as requested.
  2. You state a person advising he was from the Council visited your property but did not gain access, however you believe this person lied in order to gain entry into your property.
  3. Your vehicle was clamped without you being notified, and paperwork left also listed your son’s car.
  4. After leaving your property, the “person” returned and knocked on your front door frightening your son.

My Investigation

I have reviewed the correspondence we have received in relation to your offer of £100.00 per month. In your e-mail dated 08th November 2010 you offered a payment schedule of £102.26 per month with a final payment of £101.99 and requested a statement of account. We replied to this e-mail on the 09th November 2010, not to refuse this offer but to advise you, in order to consider this offer we would require a full financial statement and proof of household income. We advised we would require this information within 14 days in order to prevent further recovery action.

In regard to the statements requested we advised in the e-mail of 09th November 2010, we had posted a breakdown of your accounts in the post. Please accept our apologies that these were not received.

The breakdowns on your accounts, as at today’s date are as follows:

Account No.1

Council Tax Arrears: £698.00

First Visit Fee: £24.50

Second Visit Fee: £18.00

Levy Fee: £47.00

Attendance fee: £110.00

HPI Check: £10.00

 

 

Total: £907.50

 

 

Payments £nil

 

 

Account No.2

Council Tax Arrears: £1162.69

First Visit Fee: £24.50

Second Visit Fee: £18.00

 

 

Total: £1205.19

 

 

Payments £nil

 

 

Account No.3

Council Tax Arrears: £1206.84

First Visit Fee: £24.50

Second Visit Fee: £18.00

 

 

Total: £1249.34

 

 

Payments £nil

As we have not received a response, to our e-mail requesting information from you to consider your offer, a final reminder was issued to you on 23rd November 2010. Your account was allocated to an enforcement bailiff in January 2011. Once a case is passed to an enforcement bailiff, the bailiff will visit with a veiw of obtaining payment in full and where payment is not forthcoming, he may consider the removal of goods to cover the outstanding debt.

I have spoken to the bailiff, Mr Nurpetlian, in relation to his visit to your property on the 31st January 2011. The bailiff has stated when he arrived at your address he knocked on your door and Mr ******** answered, the bailiff confirmed that he was a bailiff visiting on behalf of Allerdale Borough Council in relation to unpaid Council Tax and showed his identification badge. The bailiff recalls you stated you were not interested and shut the door. The bailiff called to say he would remove your vehicles as payment from you was not forthcoming. The bailiff proceeded to levy on your vehicle and clamped it while he was discussing it’s removal with the office. The bailiff believes you would have been able to see him clamping the vehicle from your window. The bailiff knocked on your door in order to advise you of the clamp, however there was no answer. The bailiff also telephoned the mobile telephone number held on our files in an attempt to contact you and left a message. While the bailiff was still in attendance you came out of the property and got into the car. The clamp would have been clearly visible to you as it had been placed on the drivers’ side of the vehicle. After you left the property, the bailiff states he posted the relevant documentation, however he denies knocking on the door in the way you describe. He was not aware anyone was in the property having seen you drive away.

In your letter you state one of the cars listed on the Notice of Distress left is your son’s vehicle. In order to remove this vehicle from the levy, we will require proof of third party ownership. The proof required is a copy of the registration document, insurance certificate and invoice for the purchase of the vehicle.

My Findings

We did not receive any contact from you between 09th November 2010 and 31st January 2011. While I note you state you were expecting the statements to be sent within 14 days, you did not contact us to advise us you had not received them, and did not provide us with the information we requested to set an instalment arrangement.

When the bailiff visited your address, as payment was not forthcoming, the bailiff clamped your vehicle. In order to notify you of the clamp the bailiff knocked on your door and rang you on the telephone number held on our records. The clamp would have been clearly visible to you when approaching the car and the bailiff was still present when you got into your car.

The bailiff was unaware there was anyone in your property and had witnessed you leaving therefore there would be no reason for the bailiff to got back and knock “hard” on your door.

 

The Next Steps We will allow you a final opportunity to pay the outstanding balances by way of instalments. In order to set the arrangement we will require a reasonable offer of instalments, and a full financial statement detailing your household income and expenditure, with proof of all household income. Proof of income may be by way of copies of wage slips, copies of award letters for income support, job seekers allowance, incapacity benefit, council & housing tax benefit, child benefit, child or working tax credits or any other income you, your partner or family member may receive.

We will hold further recovery action on your account for 14 days to allow you to provide us with the above requested information.

I can confirm the complaint has been recorded at Stage 1 of the Rossendales’ Complaint Procedure. If you are unsatisfied with the way your complaint has been handled, you may take your complaint to stage two of the Rossendales’ Complaint Procedure, which will be addressed by a Team Leader or manager. Please provide a written response specifying your arrears of concern in order a full review can be conducted.

Yours sincerely,

 

Natalie Brookes Complaints Officer

Rossendales Limited

 

 

So thats where we are now. Her version of what happened is complete fiction, and I also noted that the dates the charges were applied have not been supplied. This is because they were all applied on one visit.

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Anyone offer any guidance - these vultures will be back soon....:!:

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Dear Mr ******

 

Please find attached a copy of the letter which was sent to you on 3 February. It was sent by Natalie Brooks, Complaint Officer at Rossendales bailiffs, who are representing the Council in this matter.

 

Thats all I have received from the council

 

Typical response from your Council proving they haven't a clue about the actions & procedures carried out by their contractors. FOI request asking for Bailiff Code of Conduct and/or Service Level Agreement should be sent. If so you should also ask what procedures they have for checking up on their Bailiffs etc.

 

Rossendales sent this:

 

 

Having read your complaint, I have highlighted the issues listed below to investigate.

You state your offer of £100 per month was refused and you did not receive the breakdown of your accounts as requested.

You state a person advising he was from the Council visited your property but did not gain access, however you believe this person lied in order to gain entry into your property.

Your vehicle was clamped without you being notified, and paperwork left also listed your son’s car.

After leaving your property, the “person” returned and knocked on your front door frightening your son.

 

My Investigation

I have reviewed the correspondence we have received in relation to your offer of £100.00 per month. In your e-mail dated 08th November 2010 you offered a payment schedule of £102.26 per month with a final payment of £101.99 and requested a statement of account. We replied to this e-mail on the 09th November 2010, not to refuse this offer but to advise you, in order to consider this offer we would require a full financial statement and proof of household income. We advised we would require this information within 14 days in order to prevent further recovery action. They have no legal right to this, you would have to submit this to the Council or a Court - maybe you should ask where the legal requirement to do this is

In regard to the statements requested we advised in the e-mail of 09th November 2010, we had posted a breakdown of your accounts in the post. Please accept our apologies that these were not received. Probably because they were never sent

The breakdowns on your accounts, as at today’s date are as follows:

Account No.1

Council Tax Arrears: £698.00 - is this amount confirmed by the Council

First Visit Fee: £24.50 - date

Second Visit Fee: £18.00 - date

Levy Fee: £47.00 - date

Attendance fee: £110.00 - date

HPI Check: £10.00 - must be challenged, ask where in the Fee Scale this is allowed

 

Total: £907.50

 

Account No.2

Council Tax Arrears: £1162.69 - as confirmed by Council

First Visit Fee: £24.50 - date, if same as in Account 1 above then null & void

Second Visit Fee: £18.00 - as above

Total: £1205.19

 

Account No.3

Council Tax Arrears: £1206.84- as confirmed by Council

First Visit Fee: £24.50 - date, if same as in Account 1 above then null & void

Second Visit Fee: £18.00 - as above

 

Total: £1249.34

 

As we have not received a response, to our -mail requesting information from you to consider your offer, a final reminder was issued to you on 23rd November 2010. Your account was allocated to an enforcement bailiff - ask them to define the difference between a Certificated bailiff and an Enforcement bailiff - in January 2011. Once a case is passed to an enforcement bailiff, the bailiff will visit with a veiw of obtaining payment in full and where payment is not forthcoming, he may consider the removal of goods to cover the outstanding debt.

I have spoken to the bailiff, Mr Nurpetlian, in relation to his visit to your property on the 31 January 2011. The bailiff has stated when he arrived at your address he knocked on your door and Mr ******** answered, the bailiff confirmed that he was a bailiff visiting on behalf of Allerdale Borough Council in relation to unpaid Council Tax and showed his identification badge. The bailiff recalls you stated you were not interested and shut the door. The bailiff called to say he would remove your vehicles as payment from you was not forthcoming. The bailiff proceeded to levy on your vehicle and clamped it while he was discussing it’s removal with the office. The bailiff believes you would have been able to see him clamping the vehicle from your window. The bailiff knocked on your door in order to advise you of the clamp, however there was no answer. The bailiff also telephoned the mobile telephone number held on our files in an attempt to contact you and left a message. While the bailiff was still in attendance you came out of the property and got into the car. The clamp would have been clearly visible to you as it had been placed on the drivers’ side of the vehicle. After you left the property, the bailiff states he posted the relevant documentation, however he denies knocking on the door in the way you describe. He was not aware anyone was in the property having seen you drive away. In your letter you state one of the cars listed on the Notice of Distress left is your son’s vehicle. In order to remove this vehicle from the levy, we will require proof of third party ownership. The proof required is a copy of the registration document, insurance certificate and invoice for the purchase of the vehicle.

My Findings

We did not receive any contact from you between 09th November 2010 and 31st January 2011. While I note you state you were expecting the statements to be sent within 14 days, you did not contact us to advise us you had not received them, and did not provide us with the information we requested to set an instalment arrangement.

When the bailiff visited your address, as payment was not forthcoming, the bailiff clamped your vehicle. In order to notify you of the clamp the bailiff knocked on your door and rang you on the telephone number held on our records. The clamp would have been clearly visible to you when approaching the car and the bailiff was still present when you got into your car. But the whole idea of a levy is to hope you will cough up the money and he leaves you the goods to use in the interim if you need the time to get it together. In this case he has not given you an opportunity and denied you the lawful use of your goods. Him speak with forked tongue.

The bailiff was unaware there was anyone in your property and had witnessed you leaving therefore there would be no reason for the bailiff to got back and knock “hard” on your door.

 

Next Steps

We will allow you a final opportunity to pay the outstanding balances by way of instalments. In order to set the arrangement we will require a reasonable offer of instalments, - which they have already had -and a full financial statement detailing your household income and expenditure, - even if they were entitled they would totally ignore it and come up with an unrealistic offer - with proof of all household income. Proof of income may be by way of copies of wage slips, copies of award letters for income support, job seekers allowance, incapacity benefit, council & housing tax benefit, child benefit, child or working tax credits or any other income you, your partner or family member may receive.

We will hold - mustn't be very heavy then - further recovery action on your account for 14 days to allow you to provide us with the above requested information.[/font]

I can confirm the complaint has been recorded at Stage 1 of the Rossendales’ Complaint Procedure. If you are unsatisfied with the way your complaint has been handled, you may take your complaint to stage two of the Rossendales’ Complaint Procedure, which will be addressed by a Team Leader or manager. Please provide a written response specifying your arrears of concern in order a full review can be conducted. Well that's good news it proves the Company's abacus is in good condition & works at present

Yours sincerely,

 

Natalie Brookes Complaints Officer

Rossendales Limited

 

 

So thats where we are now. Her version of what happened is complete fiction, and I also noted that the dates the charges were applied have not been supplied. This is because they were all applied on one visit. - sorry didn't see this until comments made above, in that case you need to press them on the dates they have before you can argue further.

 

Needs Formal Complaint sending to CEO of Council, you should also start to make payments direct to the Council.

 

PT


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These vultures dissapeared after the last complaint was sent to them regarding the points above, but they have reappeared today when I was out. An unsealed envelope pushed through my letterbox (not fully) with three accounts and even more charges added, which incidentally have not been broken down, just a total amount they say I owe. What next? I am going to make another complaint to Rossendales and the Council, not that they seem to be bothered. They seem oblivious to the law, adding charges as they see fit. This is unacceptable behaviour and needs to be stopped. I feel as if I'm banging my head against a brick wall at times. I have to abide by the laws of the land - what gives these insects the right to flount the law? Rather pee**ed off at the minute.

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Hi i understand how you feel been peed off with these idiots i myself had dealings with rossendales and it takes time follow the steps given and you will get somewhere i have been fighting for a year now and only just starting to get somewhere you need to write to the council and confirm how much each LO was and the dates on them also write to rossendales outlining you want a breakdown showing the charges and the dates they where added to the account in your letter to rossendales inform them that until they supply this information you will carry on to refuse to deal with them and will be paying the council direct

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maybe a complaint to the CEO at the council or head of revenues along with your local MP, My partner is having issues with rossendales aswell.. She has complained to the people mentioned and copied each letter to them showing different fees and the fact no breakdown is supplied. Stick with it and with the help of the good people on here you will see them off...


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Have you made any payments to the council?

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Start the process again.

 

PT


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Deleted due to duplication - sorry

Edited by Zebedee
Duplicated

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I originally posted this as a new thread but it was merged with a thread I started in 2011 - If I have done something wrong please let me know but I'd like this to be a new thread - thanks

 

 

 

 

In deep trouble with a council tax debt of £5784.84

 

 

I know this should have been sorted years ago, but it hasn't and I admit its all my fault but do need advice please.

 

 

Today, a bailiff from Rossendales knocked on the door but did not gain access at all. I asked for his badge and he showed me a badge from Rossendales saying he works for them - not his badge of certification from the courts. I asked him to show paperwork and he refused - said he didn't need me to see it. He posted a letter through the letterbox and took details of the car on the drive - my daughters car not mine which I did try to tell him but wouldn't listen. Car has since gone back to my daughters.

 

 

Asked him to leave but he refused so I called the police and reported a breach of the peace. After explaining things to the policeman who came (who was OK with it all) bailiff left and police said no action was being taken today.

 

 

I lost my job in November 2013 and have been on JSA of £71 per week since. My wife works part-time and my 23 year old son lives at home but is disabled and due to ATOS has NO income at all at the minute (is in appeal).

 

 

I phoned the council and explained all this to them and asked if they would take the debt back as there is no way I can afford to pay bailiffs and their fees as they gave me 24 hours to pay. They told me they can't take it back until the bailiffs send it back to them. My wife paid the 1st months council tax for this year and I told the council to contact the benefits agency and take the money direct from my benefits. They refused to do this saying committal proceeding would be next.

 

 

I asked the council for a full breakdown of liability orders, when issued and amounts but she refused to give me these saying I would have to ask in writing.

 

 

I have tried to make an appointment with council benefits section and waiting for a call back from them. I've also tried to get in touch with CAB and waiting for them too.

 

 

I'm scared of what might happen next and need advice as what to do to try and sort out this mess please. I take full responsibility for this mess but please help me if you can.

Edited by Zebedee
typos

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I think you should send a recorded delivery letter to the council explaining your full circumstances and saying that you are not refusing to make payment, but that your current financial circumstances means that only limited payment can be made. If you have a doctors note about your Sons disability, then should send the council a copy and ask the council to take this back from the bailiffs, as you would be considered a vulnerable household. Advise the council that you are willing to complete any forms covering income/expenses that they may require, so they can assess abiility to pay. Then ask for full details of any liability order they have obtained. Date obtained, amount, period of council tax concerned.

 

If this then goes back to court, you have got evidence that you have sent the council a letter explaining your circumstances and that you were willing to come to an arrangement to make affordable payments.

 

I don't know your household income, but you may be entitled to further help from the council towards housing costs. CAB may be able to help you with this.


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You need to remind the LA/EA that you are on benefits a quick letter may allow the EA (Enforcement Officer)to return this to the LA. (Local Authority)

 

 

But this should be done ASAP. As with others around you will be advised to do this as the EA will not know that you maybe a vulnerable household.

 

 

With the new fee's you may need to address these at a later date have a read on the posts on the new regs this will bring you up to speed rapidly start here

http://www.consumeractiongroup.co.uk/forum/showthread.php?421862-Guidance-The-Taking-Control-of-Goods-Regulations-2013-An-Introduction

 

 

Then read this

http://www.consumeractiongroup.co.uk/forum/showthread.php?421867-Taking-Control-of-Goods-National-Standards-2014

 

 

Finally read this here

http://www.consumeractiongroup.co.uk/forum/showthread.php?421863-Guidance-The-Taking-Control-of-Goods-Regulations-2013-Statutory-Notices

 

 

This is a lot of info to take in but you need to understand the situation you are in ok

 

 

Once you are up to speed come back and ask any further q's you may have, this thread may be picked up by one of the regular CAGGERS that can help more in depth

 

 

Also ask you daughter to keep her car well away from your drive because if you get it "levied" taken control of it will cause her a lot of agro and cost her money in fees to reclaim the vehicle by means of her claiming ownership of the goods which will be very expensive.

 

 

Also you should make sure that you have all valuable property inside your home as well. if they ask you to come in refuse this, keep them from entering you home because again this will make things hard for you in the near future.

 

Be careful what you "may sign" as you maybe signing an agreement to a payment plan. If you do and you miss a payment you will be in trouble real quick, again this will cost you money.

 

MM


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Sounds like your household may fall into the vulnerable category

Bailiff action should stop

You need to make the council aware in writing

Councillors and local MP should help

 

Any payments direct to the council

Are you a homeowner or have any assets?

If no bankruptcy may be a option


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We seem to have two separate threads on the same subject. It is best to keep to just one thread as otherwise there will be a lot of confusion.

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