Help Rossendales have been given our debt unfairly, what can we do?

[patricalex1981]

Hi, I am completely new to this so please bear with me.

 

Firstly the brief back ground-

 

I met my (now) wife back in 2010,

she had previously thrown her violent alcoholic ex out after he assaulted one of the children,

whilst they had been together a matter of years he had favoured drink over paying the bills when given bill money,

so things like council tax didn't get paid,

 

he walked scott free and we have been gradually clearing the debts since we met

and were finally getting close to seeing some sun light, or so we thought.

 

last year I went self employed part time along side doing a college diploma and caring for our disabled son,

my wife was just finishing a degree and was pregnant

 

we supplied all our income to Boston borough council who decided to impose a "fictitious figure" of £1000 a week income (I wish), thus stopping all our council tax support,

 

I cancelled the direct debit whilst they sorted it out as they were trying to take more than they were entitled to

and far more than we could afford,

 

but as I did not want to get into trouble I made manual payments by card each month

keeping us to the agreement for the arrears.

 

Once the council tax support had been set up with the correct income I rang up and set up the direct debit,

it was agreed that they would take £19 a month for this years bill and £20 a month for the arrears,

it was agreed that this would be taken (£39 a month) starting on the 12th of April,

this I thought would be the end of it and I would just need to make sure the money was in the account available,

boy was I wrong.

 

Instead of setting up the direct debit they passed the debt straight to Rossendales

who have added £75 to the 3 outstanding years bills (totalling £225)

with the threat of 3 x £235 if we haven't settled or made an arrangement by the 6th of may

to clear the entire (now just under £1500),

 

4 years ago we owed over £2200 just for this arrears

not to mention the other debts we have cleared either fully or up to this point are clearing

this council tax arrears was down to around £1200, its like a massive kick in the teeth.

 

Surely the council cant just hand over the debt to these people after I had made an agreement with them,

I didn't even realise they hadn't set up the direct debit until we received these 3 letters today

and I checked the bank to find the money still sat in the account,

 

if there was a problem with the bank the council didn't even contact to say they hadn't been able to collect

or I would have paid it by card and enquired with the bank what the problem was.

 

Surely it also can't be legal for Rossendales to impose charges like this, one lot I might have been able to deal with but three lots each time is going to force us to declare bankruptcy!

 

I am sorry if it has been a bit long winded but I wanted to give as much detail as I thought might help,

I am worried sick, me and my wife aren't even talking at the moment as she feels its all her fault

and wants to sell everything she owns in the hope that it will raise enough cash to make a reasonable offer

(but I can only see Rossendales taking what she raises and wiping it out with fee's getting us no where)

causing a massive argument,

 

we have a six month old baby as well as 3 older children and were looking forward to her first proper Christmas,

now I fear I may have to tell the children we can't afford to get them any thing this year,

not to mention if the bailiffs attend and decide that their games consoles and tv's can be taken towards the debt

 

I feel so helpless and hate it has caused so much friction between me and my wife

as we both just want to sort it out,

I could even understand it if we hadn't been paying but we have.

 

Please can any one help?

[dx100uk]

contact the coucil

find out why they've not requested payment

ask why they never took it

they might take it all back and drop the fees.

 

 

whilst with them.

get these questions answered.

 

 

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

 

 

 

.................

 

 

on the bailiffs front

you DO NOT have to let them in

 

 

just be aware they can levy on cars etc

so might be an idea if they are owned by yourselves and not on finanace

to either lock them in a garage out of sight

 

 

or park them a few streets away.

 

 

more help will come in the morning

for now there is little more you can do

go get some sleep

 

 

dx

[patricalex1981]

Thanks for the reply, wish I could sleep, according to rossendales letters the orders are 16/02/2009 for £499.15, 22/06/2009 for £492 and 20/07/2009 for 261.00 all for previouse address in my wife's name, I take it being married that they can take my car even though its our only means of transport and I care for my disabled son and since January, also my elderly disabled father?

[ploddertom]

Do you have a Blue Badge for your son or father - if so make sure it is on show in the vehicle. If all is correct then Rossendales may charge 3 x £75 but only 1 x £235 if they are enforcing all the debts together. In your position I would be contacting my local Councillor(s) to act on your behalf as it looks as if something has gone more than a little wrong.

[Bailiff Advice]

Thanks for the reply, wish I could sleep, according to rossendales letters the orders are 16/02/2009 for £499.15, 22/06/2009 for £492 and 20/07/2009 for 261.00 all for previouse address in my wife's name, I take it being married that they can take my car even though its our only means of transport and I care for my disabled son and since January, also my elderly disabled father?

 

I can understand your concerns but can I please assure you that whilst Rossendales can indeed charge a separate Compliance Fee of £75 for each account, then cannot and must not, charge multiple enforcement fees of £235.

 

The advice already given of speaking with the council is correct. If it is the case that the council will not do anything, then it is vital that you set up a payment arrangement by the date given on the Notice of Enforcement. This is referred to as the 'Compliance stage'. During this period a repayment proposal can be set up and the fees will not rise. If you fail to set up a payment arrangement by the date given, then the debt passes to an individual enforcement agent and this will involve a personal visit.

 

Please post back once you have spoken with the council.

 

Lastly, what is the date given on the Notice of Enforcement by which payment or a payment arrangement must be made by?

[patricalex1981]

Thank you ever so much for your help, I have just spoken to council, apparently they sent a letter (which never arrived) dated 30/03/16 to inform me that there had been a problem with the direct debit set up, the woman then said that it should not have been sent off so quick as the first dd was not due until 12/04/16.

 

As I explained to her if I had known there was a problem with my bank then I would have paid by card whilst I sorted it as the money was there, even she gave the impression that the way it had been dealt with was harsh and set the direct debit up, said she would contact the bailiffs strait away to have it bought back on the basis that it had been sent to the bailiffs in error and the charges will be removed and also send out written confirmation. I paid £50 by card to cover the missing payment and increased the arrangement to £50 p/m to try to get it paid off sooner (I would rather go with out than have this threat hanging over us again).

 

Me and my wife both feel like a massive weight has been lifted.

 

I would like to end by stating that I think the amount bailiffs can charge is criminal, if you have had your debt passed to the bailiffs because you just couldn't be bothered to pay your bill then fair enough, however if like us and many others you have been struggling and doing your best to clear it then theses types of charges will just make sure your debt becomes impossible and the stress is emotional abuse, if you are struggling to pay £20, £50 p/m then how can adding £75 for a letter followed by £235 if you cant make an agreement that satisfies the bailiffs?

 

sorry rant over, just glad its sorted and really thankful for your help.

[Bailiff Advice]

It would seem that a massive WELL DONE needs to be given to Boston Borough Council. They have used their discretion wisely.

 

Well done to you as well by plucking up the courage to speak with the council.

 

The point that you have raised about the bailiff fees is a common one although I would like to add, that since the new(ish) regulations came into effect in 2014, it is the case that an astonishing number of people now pay their debt by way of a payment arrangement during the 'compliance stage' and therefore avoid the enforcement fee of £235 altogether.

[ploddertom]

It would seem that a massive WELL DONE needs to be given to Boston Borough Council. They have used their discretion wisely.

 

Well done to you as well by plucking up the courage to speak with the council.

 

 

I can only echo that said above as it does seem unusual for a Council to use common sense in this day & age. Could it be because they use their own staff instead of having hived it off to the likes of Couldn't Careless Capita?