Rossendales and CTAX debt - Help Needed

[wilko52]

Hi.

 

I Have problems with Rossendales bailiffs.

 

I Have an outstanding debt for council tax.

 

Rossendales are refusing to accept my offers to repay the debt and have demanded almost 3 times as much.

 

They say that they will remove my goods if I don't agree to their terms.

 

I Also have an older debt that I am paying off with an attachment of earnings order.

 

My questions are

can I ask the council to let me pay the first debt off before I start the second one

because I can't afford both

 

and if not can I contact Rossendales welfare department if they have one to ask if I can have my offer accepted.

 

My goods are not worth anything in any case but Rossendales have said that if they visit to take them that I will be charged more.

 

Any comments will be appreciated.

 

Sorry but just to add that I am going to the CAB also about this on Tuesday when they open

[mikeymack2002]

There are currently a few threads running on this subject in the discussion area of the bailiff section have a read there..

 

How many liability orders do you have? Are you on benefits or working.

 

Some history nay help. With CT arrears you don't have to let the EA in to your property. If they threaten they can then record them. Then you can complain to the LA. Talk to them through the door.. When did you receive the Notice of Enforcement?

[Bailiff Advice]

Hi.

 

I Have problems with Rossendales bailiffs.

 

I Have an outstanding debt for council tax.

 

Rossendales are refusing to accept my offers to repay the debt and have demanded almost 3 times as much.

 

They say that they will remove my goods if I don't agree to their terms.

 

I Also have an older debt that I am paying off with an attachment of earnings order.

 

My questions are can I ask the council to let me pay the first debt off before I start the second one because I can't afford both and if not, can I contact Rossendales welfare department if they have one to ask if I can have my offer accepted.

 

From what you have said above, you have one Liability Order that is being repaid under an Attachment of Earnings Order and you have another Liability Order that has been sent to Rossendales. You have made a payment proposal with Rossendales (which they have refused).

 

Could you confirm whether the attachment is against your employer or against your benefits?

 

In regards to the debt with Rosendales...the answer is yes, you can ask the council if they would be willing to allow you to repay one debt first before enforcing for the second one. I would not hold out much hope of them accepting this proposal. However, by all means try.

 

How much is the debt that the attachment is for and when do you expect it to be repaid?

[i hate bailiffs]

There is no right of entry to your home and you do not need to let them in

Goods outside are at risk but if they are not worth anything or not there not worth taking

 

If they can not enforce this debt and no entry to property not a lot they can do

Given time it will get passed back to council but that may take some time

 

Complain to council about their agents demands

Contact local MP and councillors

[Peterbard]

I am not really sure what there is to complain about so far TBH.

[i hate bailiffs]

i would be complaining about the refusal of offer of payment by the councils agent

[Peterbard]

i would be complaining about the refusal of offer of payment by the councils agent

 

We dont know what the offer was ?

[Bailiff Advice]

There is no right of entry to your home and you do not need to let them in

Goods outside are at risk but if they are not worth anything or not there not worth taking

 

If they can not enforce this debt and no entry to property not a lot they can do

Given time it will get passed back to council but that may take some time

 

Complain to council about their agents demands

Contact local MP and councillors

 

Without knowing more background it is difficult to know whether or not there are any grounds in which to complain.

 

PS: You are of course correct regarding entry into the property and the vehicle being at risk.

[Bailiff Advice]

From what you have said above, you have one Liability Order that is being repaid under an Attachment of Earnings Order and you have another Liability Order that has been sent to Rossendales. You have made a payment proposal with Rossendales (which they have refused).

 

Could you confirm whether the attachment is against your employer or against your benefits?

 

There is an important reason for asking the above question.

 

As you already have one 'attachment in place' most councils would automatically make a 2nd deduction (which is permitted if the attachment is against earnings). However, if the attachment is against benefits then a 2nd attachment cannot be applied.

[wilko52]

WOW!

 

Thanks so much guys.to answer in the order of the questions, here goes.

 

There are 2 liability orders

I am working

I Have an existing attachment of earnings with my employer

The Attachment of earnings is for just over £900. I Have paid £215 ish

 

I Live in a block of flats. There is nothing outside. Can the bailiff not simply break into my flat? I Don't want to let him in but there's not much point if he's just going to kick the door down anyway

[i hate bailiffs]

WOW!

 

Thanks so much guys.to answer in the order of the questions, here goes.

 

There are 2 liability orders

I am working

I Have an existing attachment of earnings with my employer

The Attachment of earnings is for just over £900. I Have paid £215 ish

 

I Live in a block of flats. There is nothing outside. Can the bailiff not simply break into my flat? I Don't want to let him in but there's not much point if he's just going to kick the door down anyway

 

Simple answer at this point

 

No

No locksmith no right of entry

No pushing past you

 

The bailiff is relying on fear and intimidation as there is not a great deal they can do

If they are kept outside of your property

There is no arrest either

[brassnecked]

The only issue for you is that they are refusing your offer during the Compliance Stage, where your debt has already increased by £75, when the bailiff calls whether he can gain access to the flats or not the debt will increase by another £235 for the Enforcement Fee.

 

I wonder if Dossendales MO is now to reject ant and all offers During compliance to make sure they garner the £235? What wilko52 hass posted would seem to indicate this may be their tactics.

[Peterbard]

As said above they cannot force entry.

Eventually if you do not pay and you have no assets( car etc,) they will return the order to the LA.

When they do they may add another AOE to your earnings, they will use the net earnings after the payment of the first one to calculate the amount to be paid.

You may be lucky if you ask them to run the two sequentially, it does no harm to ask

They will probably look at if you are keepng up with your current payments if you request a payment schedule , as they will want to be able to see an end in sight , when you are in the position to pay your bills when they are due.

[wilko52]

Is there a welfare department at Rossendales that I could contact???

 

I Am happy to pay this off-I could do without debt collectors banging on my door. My attachment order is 15 pounds a week. I Offered the the same to Rossendales and they told me that I had to pay £70 per week which was impossible.

 

If I stop them coming in my flat, can they do anything? Also how much will the bill rise every time they call? If I stop them coming in will it effect my chances of getting them to allow me to pay one bill after the other?

[Bailiff Advice]

When you made your payment proposal was it on receipt of the initial letter (Notice of Enforcement)?

 

Did you ask the council to apply a 2nd Attachment of Earnings (as an alternative to instructing Rossendales?). If not, you really ought to do so as a 2nd AOE will be less than you are currently paying on the first one.

 

PS: If the enforcement agent makes a personal visit to your property, he can charge a fee of £235. Unless he actually removes goods (which in your case is highly unlikely) then no other fees can be charged (regardless of how many visits are made).

[Bailiff Advice]

Is there a welfare department at Rossendales that I could contact???

 

Yes, Rossendales have a Welfare Department and so too do all other enforcement companies.

 

Since the new(ish) regulations came into effect in April 2014 it is the case that a large percentage of debtors set up a payment arrangement on receipt of the Notice of Enforcement and accordingly, all companies have in-house teams that set up and manage payment arrangements.

 

Welfare Departments are an entirely different matter altogether and by and large, they will deal almost exclusively with debtors who are considered to be 'vulnerable' (i.e.; debtors who could have serious health problems, single mothers with young children, debtors who may be pregnant etc, etc). Most Welfare Departments also consist of staff who have undergone specialist training to deal with vulnerability etc.

 

Cases that are managed by a Welfare Dept will not be referred to an enforcement agent for a personal visit (even if they default on a payment arrangement).

[wilko52]

Good evening Bailiff advice. When I received notice of the liability order from the council I contacted them straight away. They told me that the debt had been sold on to Rossendales and that I had to wait for them to make contact. When they did, I phoned them but they told me that they couldn't accept my offer and that it needed to be £70 per week. That's when I started reading these posts.

 

I noticed that the previous person was introduced to the welfare team by yourself. Can you give me a contact for the Rossendales one please. I desperately need to speak to them as I definitely can't afford £70 pr week.

 

I'm Not going to answer my door to anybody while this is going on. Providing that they can't break in or kick my door down then I feel a bit easier. I'm Going to my local CAB tomorrow and hopefully they can help as well.

 

Thanks once again

[Bailiff Advice]

 

I noticed that the previous person was introduced to the welfare team by yourself. Can you give me a contact for the Rossendales one please. I desperately need to speak to them as I definitely can't afford £70 pr week.

 

Can I just correct you. The young lady was not introduced to the Welfare Team. As mentioned in my above post, Welfare Departments deal with mainly 'vulnerable' cases. The young lady in question had made a previous post only a few months back that she was homeless and having to live with a friend on an emergency basis. She also stated that apart from personal items of clothing so had no belongings. Accordingly, to my mind at least, her case should be one that is dealt with by the Welfare Department.

 

In your posts you have not stated that you have any 'vulnerability'. Could you post back after your meeting with the CAB.

[Peterbard]

Not getting at anyone here, but it should be mentioned that these enforcment agents are definitely not " debt collectors", nor do the LA sell the dbt.

 

They are court authorized agents working on behalf of the council to collect overdue taxes .

[brassnecked]

With Council Tax, the council cannot sell the debt, they own it end of, the EA is sent in to collect it by either getting payment or taking goods and selling them. (if they can gain peaceful entry or can take a car)

[Bailiff Advice]

I'm Going to my local CAB tomorrow and hopefully they can help as well.

 

Thanks once again

 

Wilko...How did you get on at the CAB yesterday?

[wilko52]

Wow! What a week.

 

I I Met with a very knowledgeable man at the CAB. He advised me to send a complaint in to the head of revenues at my council and to quote the Taking Control of Goods: National Standards which state that debtors should not be pressed into making unaffordable repayments. I Asked him about the possibility of having this changed to a second liability order and he said there was no harm at all in asking, so I did. I Sent the letter off last night.

 

Then to cap it off, I got up this morning to find a notice from the bailiff pushed through my door. This was not in an envelope and had been hand delivered. It says that my bill has gone up by £235.

 

I Do not plan to let this man in and I'm surprised that he got to my front door as there is a door entry system here.

 

I Will be waiting to see what the outcome of my complaint is before plotting my next move.

[Bailiff Advice]

Wow! What a week.

 

I I Met with a very knowledgeable man at the CAB. He advised me to send a complaint in to the head of revenues at my council and to quote the Taking Control of Goods: National Standards which state that debtors should not be pressed into making unaffordable repayments. I Asked him about the possibility of having this changed to a second liability order and he said there was no harm at all in asking, so I did. I Sent the letter off last night.

 

Then to cap it off, I got up this morning to find a notice from the bailiff pushed through my door. This was not in an envelope and had been hand delivered. It says that my bill has gone up by £235.

 

I Do not plan to let this man in and I'm surprised that he got to my front door as there is a door entry system here.

 

I Will be waiting to see what the outcome of my complaint is before plotting my next move.

 

Wow !!

 

The similarities with another case (the other one being with JBW) are almost breathtaking.

 

Anyway, please do update the tread with the outcome of your complaint.

 

PS: If you do have a motor vehicle, you need to be aware that there is a risk that it could be 'taken into control' by Rossendales.

[wilko52]

Yes that's what I thought as well. This is why I originally posted on that thread.

 

The Chap at the CAB also informed me that it is relatively straight forward to contact a welfare department and all that is needed is to head your mail "FAO The Welfare Department " I have to admit to being a little confused as to why there is such secrecy surrounding this. It was almost as if a Masonic handshake was required in order to speak to them.

 

Anyway I am happy with the situation as it stands and will update you on any development

[Peterbard]

I have to admit to being a little confused as to why there is such secrecy surrounding this. It was almost as if a Masonic handshake was required in order to speak to them.

 

It is not a matter of secrecy, as far as i can see there is no vulnerability issues in your case ? You can ring them for a chat if you like

 

Similarly there is little point addressing your complaint to the ceo he will just ignore it and have it delivered to the appropriate apartment, which will delay the process.

A similar thing has happened to the other poster on this thread I believe.