Rossendales Notice of Committal Action (prison)

[cpashto70 1]

Dear all.

 

I'm hoping someone can help me with this one. We've had a history with this business for many years. They seem to magically make new accounts appear from nowhere and up to now we have several.

 

Anyway, this latest letter announcing a new unpaid account of more than £1000 has got me very angered.

 

It's basically a letter threatening us to pay up or go to prison for up to 90 days. Here's a taster of the letter's contents:

 

"As you have failed to make payment arrangements on this account with us, the next stage in the recovery procedure is to formally report this to the Local Authority, recommending that they make application to the Magistrates Court (their emphasis) for a hearing to consider your committal to prison. The Magistrates Court costs associated with this application will be £305.00 payable by you."

 

Whether or not I do owe the money on the account is not for dispute at this time. However, my question is: can a bailiff company legally use tactics or language like this to encourage you to pay them money?

 

I was unaware that debt collection companies were authorised to recommend non-payment for prison custody. I hope somebody clued up with this type of legal stuff could advise me as to the legality of this letter and what I can do in response.

 

I can provide the full letter in full if required and requested.

 

Many thanks and regards.

[brassnecked 1,861]

Is this council tax?

[cpashto70 1]

Sorry for my omission. Yes, it is Council Tax.

[brassnecked 1,861]

Are you up to date with Current year, and is the amount the bailiff after for the same property? Other Caggers will be along soon with questions and advice tailored around your answers.

[unclebulgaria67 29,131]

The hearing is not about committal to prison, but to find out why you are not paying. You are not technically sent to prison for non payment of council tax , but because you refuse to accept order of the court.

 

And the council concerned have to exhaust all other avenues of collection, before it would ever get to the court sanctioning prison because you refused to accept the courts order to work with them to make payment.

 

So, I don't think the letter should be acceptable written in that way.

 

You should write to the council with full reasons as to why you are not paying the liability order being chased and to agree to work with them to come to an arrangement. Complain about the letter from Rossendales.

[ploddertom 2,673]

You suggest this may cover several years. If so then you should ask for details of all accounts Rossendales hold for you. At the same time ask the Council for similar and let's see if evrything tallies up. As for what they have written at present then unfortunately although it may be morally wrong they can say that.

 

For the Council

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

 

For Rossendales

"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"

[GrumpyToSayTheLeast 480]

Ploddertom, can you show us where, in regulation or statute, that the bailiff company has 14 days to respond or even has to respond at all?

 

Its all easy enough to supply and they all should supply it unless they have something to hide. I'm just trying to find out if there is any power behind the 14 days that you quote?

[ploddertom 2,673]

Ploddertom, can you show us where, in regulation or statute, that the bailiff company has 14 days to respond or even has to respond at all?

 

Its all easy enough to supply and they all should supply it unless they have something to hide. I'm just trying to find out if there is any power behind the 14 days that you quote?

 

There is no power behind it. It was written to give a reasonable amount of time in which a response would be expected. In my view if you don't give some sort of time frame then there are some you would take it upon themselves to think they have 3 months or more. The majority of the "main" Enforcement Co's will respond by return.

[cpashto70 1]

Hi all

 

Just want to thank everyone for their responses. I've got a lot of valuable information from you all as to how I should progress.

In answer to the questions; yes it is Council Tax and we're running several paid accounts which are all up to date. We pay a monthly fee via DD, and they even take out 15% of my wife's income from the bank.

 

It just seems that as soon as we get one unknown account up and running for repayment, Rossendales seem to magically summon another in its place. It's got so complicated that we just don't know where we stand anymore, or what, exactly we're paying for.

 

So our next step will be to request the information suggested by the poster on this forum (thanks so much for the template!).

 

My main concern was my wife. We have a disable daughter and my wife's health isn't great either. She's worried sick they are going to send us to prison. I just thought the letter of threats with prison from a debt collection company could be considered as intimidation.

 

Thanks again so much everyone for your assistance. It means a lot and is sincerely appreciated.

 

Best regards.

CP

[Old Cogger 957]

Inform your MP what is going on with the evidence and get it on record?

[unclebulgaria67 29,131]

Rossendales should not just be setting up new accounts. There needs to be a new instruction from the council related to a liability order.

[i hate bailiffs 325]

*

 

My main concern was my wife. We have a disable daughter and my wife's health isn't great either. She's worried sick they are going to send us to prison. I just thought the letter of threats with prison from a debt collection company could be considered as intimidation.

 

 

CP

 

Are the council and bailiffs aware of the above

Formally complaint to council about their agent

Your locally MP and councillors will help you on this

 

There is people will higher council tax debt then you have

For being poor is not a reason to be sent to prison

It will probably not happen in your case either

If you are having lots of holidays and living a good lifestyle while refusing to pay the council prison would be more likley

 

If it was to go to court for committal proceedings the judge could remit part or all of the debt