Rossendales and council tax

[rosie115]

I'm hoping someone can help me with advice.

 

 

I am currently trying to deal with rossendales about council tax debt.

Originally just over a month ago I received notice from a bailiff about 2 amounts of council tax that I owed.

I admit that I have been burying my head in the sand lately.

One was for 2015/2016 and the other 2016/2017.

 

 

I managed to miraculously pay of the first one by scraping everything I had over a two week period.

The second one i queried though as I have been a full time student since sept 2016, prior to that I was unemployed for a few months.

 

The bailiff allowed me to contact the council to sort this out.

They had claimed that I didn't give them the exemption form from my uni which I did and had a receipt to prove I had in Sept.

 

 

this has been sorted I think and they have adjusted how much I owe to £253 and informed the bailiff who has said with fees it is £440 and needs to be paid immediately.

 

I tried to ask if I could pay it in smaller chunks but he wouldn't even engage in conversation about it and said he wouldn't be allowed to do that.

I have been told that he has a right to enter my house by the court.

He is phoining me tomorrow expecting me to make full payment and I'm terrified as I won't be able to make the full amount.

 

 

I'm a lone parent and surving on an NHS bursery and some housing benefit.

I get a payment of my burset tomorrow but some of it is for rent etc.

If I pay the full amount I will have absolutely nothing to buy food or put money on gas/elec meters for weeks.

 

I'm scared that he's going to come to my house whilst my daughter is here as in think it will really frighten her.

 

Is there anything I can do?

Or is it too late now?

[Bailiff Advice]

Rosie,

Thank you for posting on here. Firstly, well done for managing to get the council tax debt reduced and your exemption form sorted out.

 

The bailiff does indeed have a right to enter your home but it is not quite as simple as that !!!

 

He can only enter your home by 'peaceful' means and this is usually by being INVITED into the property or alternatively, by walking into the property thorugh an open door. Whatt I am trying to say is that although he can enter, you have every right to tell him that you are not comfortable with the idea of him being in your home.

 

If he does come into your home, he will be wanting to list down household items on a form called a Controlled Goods Agreement. Given that you are a single mother, I would suggest that you do not allow the enforcement agent into your home. Also, a great number of household items are considered 'exempt' from being taken by a bailiff.

 

How much would you be able to afford to pay each month?

 

Also, do you have a car outside of your property?

 

Lastly, have you spoken to the council to let them know about your circumstances? The bailiff is working as an agent for the council and it is perfectly within the councils remit to instruct Rossendales to accept your payment proposal.

[Bailiff Advice]

 

I tried to ask if I could pay it in smaller chunks but he wouldn't even engage in conversation about it

 

The problem that you are facing is that you had not contacted Rossendales on receipt of the initial letter (Notice of Enforcement). On receipt of that letter, you would have been able to enter into a payment arrangement (usually over a period of approx 3-4 months) and if payment had been made in a timely manner, the account would not have been forwarded to an individual enforcement agent and his 'enforcement fee' of £235 would not have been applied to your account.

[rosie115]

Thank you for your replies. I did say I could pay half this week but he said he could not accept it and that was the end of the conversation. I don't have a car or anything of value.

 

When I spoke to the council to check to see if there was an update on my exemption form, I said how much rossendales wanted me to pay and that I wouldnt be able to and she was dismissive and said there was nothing they could do and I had to deal with the bailiff.

[outwood]

if payment had been made in a timely manner, the account would not have been forwarded to an individual enforcement agent and his 'enforcement fee' of £235 would not have been applied to your account.

 

Rossendales send the agent round to set up the payment plan and added the £235

[Bailiff Advice]

Thank you for your replies. I did say I could pay half this week but he said he could not accept it and that was the end of the conversation. I don't have a car or anything of value.

 

When I spoke to the council to check to see if there was an update on my exemption form, I said how much rossendales wanted me to pay and that I wouldnt be able to and she was dismissive and said there was nothing they could do and I had to deal with the bailiff.

 

I would suggest that you call the council one more time to tell them that you are wanting to pay 50% of the amount Rossendales are requesting and the balance in one month (I'm not sure whether this is affordable to you). Please post back to let us know their reply.

 

As you do not have a car, the bailiff should be much more willing to accept your proposal.

[rosie115]

They may have done. Unfortunately I was in quite a bad place emotionally over the past year and have buried my head in the sand when it comes to bills. Its not something I am very proud of but I'm trying to face up to it all now

[Bailiff Advice]

They may have done. Unfortunately I was in quite a bad place emotionally over the past year and have buried my head in the sand when it comes to bills. Its not something I am very proud of but I'm trying to face up to it all now

 

No problem at all Rosi. You have managed to get the exemption forms sorted out and council tax reduced so you are doing well.

 

Is the bailiff aware that you are a Student and a single mother?

[doggone it]

Were you claiming the Single Person Discount?

[rosie115]

Yes he knows as I told him about the student exemption form not being taken into account and he waited a few weeks while the council reduced it. Im pretty sure I told him the first time I spoke to him that I'm a single parent.

 

Trying to get through to the council but having trouble getting disconnected during their automated system which is very frustrating

[rosie115]

Yes I was claiming single persons discount before I was a student

[rosie115]

Waiting now for a call back from the council

[brassnecked]

Did the council call back rosie115?

[rosie115]

No they didnt get back to me. Waited all day for a call back

[Bailiff Advice]

I would suggest that you call the council again in the morning and explain that you are very anxious to get the matter resolved.

[brassnecked]

And don't let the Rossendales bailiff in if he calls.

[Peterbard]

It seems to me that the bailiff has not done anything wrong in this case, and the authority either.

 

It is not up-to the bailiff to consider any matters before he received the order to enforce. The authority has adjusted your bill, and probably instructed the bailiff to collect the balance forthwith, national standards are not legislation and notwithstanding what it says, the council can instruct the bailiff to collect a debt in any way it sees fit, as long as it is rightfully owed,

I think this antagonistic approach is self-defeating.

 

I do agree that you need to contact the council however and if your calls are being ignored, you have no option but to put your request in writing.

At the end of the day, if the bailiff confirms you have no assets or goods the debt will go back anyway. Finding out if the debtor is able to pay is part of his job after all. When it goes back any fees already added and not paid will be removed and then the authority will have to accept some kind of plan for the balance.

[Peterbard]

I thought the OP wanted to get this sorted and get on with their life, you seem more interested in making complaints all over the place.

 

For clarity guidance is not binding, there is a clue in the name. Although authorities may be obliged to sign up to using the guidance, they can apply it as and how they want to.

[Peterbard]

Sorry, beat by the time out.

 

In any case, I do not see how guidance is not being followed in the above case. Bailiffs do not have to accept any agreement offered if the authority feels that no plan is appropriate, as said, the guidance only states general principles, not specific rules that must be adhered to in all circumstances.

 

Anyway the best of luck I am sure it will all be sorted soon.

[Peterbard]

The guidance states that any reasonable offer MUST BE REFERRED BACK TO THE CREDITOR. The bailiff in this instance has not done so, in fact, he has lied to the OP.

 

indeed. but who decides what is reasonable, this is the problem.

Anyway.

[Peterbard]

Perhaps you should start a discussion thread, I am sure someone will be along to tell you how guidance works.

[Peterbard]

Just for clarity

 

National debtline

 

Taking Control of Goods: National Standards

 

The Ministry of Justice has issued guidelines called 'Taking Control of Goods: National Standards'.

These apply to all types of bailiffs and describe how they are expected to behave.

 

 

The guidelines are not legally binding.

This means that if a bailiff breaks the guidelines, they are not breaking the law.

 

 

However, because the guidelines describe how bailiffs should behave, they are useful to mention when making a complaint.

[Peterbard]

Just for clarity

 

National debtline

 

Taking Control of Goods: National Standards

 

The Ministry of Justice has issued guidelines called 'Taking Control of Goods: National Standards'.

These apply to all types of bailiffs and describe how they are expected to behave.

 

 

The guidelines are not legally binding.

This means that if a bailiff breaks the guidelines, they are not breaking the law.

 

 

However, because the guidelines describe how bailiffs should behave, they are useful to mention when making a complaint.

 

Thanks to admin for tidying that so.

 

It says the same in the first paragraph of the standards themselves here:3.

 

We recognize this document is not legally binding, but offer it as a helpful tool for

the industry and for creditors which, it is hoped, will inform their own

arrangements and against which they may benchmark their professional

standards.

 

Alreadyexists. I am sorry but you have repeatedly said these are binding. The standards themselves say they are not. I see nothing to "get my head around".

 

So, you still persist that the guidelines bind in some way, binding on what and in what way?

The guidance represents actions that should be taken and best practice. It does not give any instructions which if breached are sanctioned by law.

[Peterbard]

I don't see how this helps the OP, so please forgive me if I don't respond to further questions on this thread unless related to that.

[outwood]

###So, you still persist that the guidelines bind in some way, binding on what and in what way? #############

 

...bailii.org/ew/cases/EWHC/Admin/2013/64.html See paragraph 29.

 

It demonstrates guidelines issued by a government department must adhere in court proceedings.