rossendales charges re council tax

[lindy1984]

Hi, this is my first post!

I owe council tax from last year which rossendales are trying to collect. The amount is £744.39. The first time the bailiff came round i was out and he posted a letter through in a sealed envelope stating the abouve amount and that he would be back. I was also out the second time but this time he left a NOTICE OF REMOVAL PROCEEDINGS letter on my doorstep, not in an envelope saying that the amount owing is £1183.39!. I rang him and asked where he got the amount from, he said it was charges. I asked if i could pay it off monthly, he said that if i paid £400 straight up he might let me. I explained that i couldnt afford that as i'm a single mum with a disabled daughter and im off work on long term sick. he told me it was tough and hung up. I rang the council (King's lynn and west norfolk) to confirm the amount that i actually owed them and explained that i couldnt believe that it was the amount the bailiff was saying. the woman agreed that it seemed too much but said i had to contact rossendaled head office. Ten minutes later my phone rang, it was the head of revenues saying that he had rang rossendales and they told him the amount i owed was £1003-39, and did i have it in writing that the bailiff had said £1183-39, asked me to take it to him so he could take it up with them that an extra £180 had been added for no reason. The bailiff was banging on my door again yesterday at 6.30 am i ignored him and after 20 ,mins he left but didn't put anything through the door?!. I'm really sorry this is so long winded but from what i've gathered from reading posts on here he is charging me far too much. He has never been in my house and I havent signed anything. Any advice on what to do would be welcome. I want to get it paid but really can't afford very much a month.

thanks lindy x

[Mr Rhodes]

Ok 1st to I qualify I am no expert but I would say.

 

1) The baliff has no legal right to enter your property. DO NOT Let him in under any circumstances. Do not even let him put his hand in an open window or let him in to "use your toilet" tactic.

 

2) Do not threaten the baliff or let anyone else threaten the baliff or he could call the police and get access that way.

 

3) Bailiff charges have to be fair and proportionate to the debt and they should be on a scale agreed with the local council. These are governed by the Department for Consumer Affairs, so quote that.

 

4) Write immediately to the local council (LC) and state you are being harrassed by the bailiff, the charges applied are disproportionate and that they need to reclaim the account from the bailiff.

 

5) The LC may say they cannot do this but they can at thier discretion

 

6) You will need to agree a repayment plan with them which you must endevour to stick to so make it realistic.

 

7) Say to the LC that by assigning the account to the bailiff they are making it harder for you to pay the account which is negative for you and for them.

 

8) Do you have a car on your driveway that is owned by you and not on HP or lease? If so the bailiff could clamp it and tow it away so move it out of sight and park it at a friends nearby. The bailiff may have already seen your car so it needs to be out of sight.

 

9) Do this all by in writing to the LC by e-mail or agree it verbally and take a full name and back it up in writing.

 

10) If at first the LC are not helpful, stick at it be polite and escalate it until someone agrees to reclaim the account back from the bailiff.

 

Gooduck you can beat this:) . Anyone else got some advice here?

[lindy1984]

Hi, thanks for replying! no, I havent got a car so that's one less thing to worry about!. I will email the council on monday as you suggested. The other problem I'm having is that the installments I have been paying to this years council tax, the council are passing them to the bailiffs to pay off the debt and now I've had a court summons for this years bill because they are saying I havent paid anything! I cant win, if they give it all to the bailiffs i'm still going to be in the same position next year, last years paid but all this years owing! Also, with me being sick and my daughter disabled would I be classed as 'vulnerable' to get the council to take it back that way?

[Mr Rhodes]

Okay focus on the positive - no car makes it harder for the bailiff as these are easy targets for them.

 

You need to add up the current arrears on last years debt and the full amount for the present year. Then divide this by the months left for this financial year so July 07 to March 08 = 9 months = nine payments.

 

If you go back to the LC with a repayment schedule to clear the account by the end of the financial year (March 08) then they would be likely to accept. Then once you have agreement make the payments due on the 30th of each month, which gives you a months grace.

 

So long as you get this agreed you get the bailiff off your door and a month to sort out where you stand.

 

Call and e-mail the LC, be polite at all times but stress you understand the account needs paying but they are actually making it harder for you and only the bailiff is gaining not you or the LC.

 

They may say they can not take the account back from the bailiff but escalate this politely as they can.

 

A positive in your favour is the bailiff charges seem excessive and unreasonable and the LC will not what to seem to be supporting this kind of nasty behaviour, especially in your position.

 

1) Number one priority get if off the bailiff and back to the LC

2) By yourself the months garce

3) Get your research complete by the time your payments are due

4) Checkout if you are getting all the right allowances etc.

 

Good luck and remeber you can do this stay focused:)

 

Oh yeah DO NOT let the bailiff in and watch out for tricks

[Guest Herbie]

Lindy thank you for you PM. I am in the office in the morning and will check if the bailiff is certificated. In some ways I hope that he is certificated as any bailiif who attempts to charge fees of £440 for making two visits should be bought before the court to answers a complaint about excessive charges. I will let you know in the morning.

 

In any event, the bailiff collecting council tax can only charge fees that are laid down in law by way of a statutory instrument. He can charge a FIRST visit fee of £24.00 and a second visit fee of £18.50. That's it. UNLESS he has gained entry into the property and previously listed items seized on a walking possession he CANNOT charge for removals etc.

 

The bailiff knows this but hope that you don't.

 

Due to your circumstances, you would appear to be categorised as "vulnerable" and as such the local authority should consier this case being returned back to them.

 

Are you receiving any beefits? This is because you can have the arrears deducted direct from your benefits at a nominal rate.

[Mr Rhodes]

Hi All,

 

Herby seems to have a good understanding of the situation and I will follow this also.

 

In your commumications you should say the fees charged by the bailiff are excessive unreasonable and do not comply with the statutory charges as per the department for constitutional affairs.

 

Also add that the bailiff will not be given access to your property, despite his aggressive and intimidating behaviour, and that you have no assets or chattels for the bailiff to secure in lieu of payment.

 

Do not expect the LC to agree at first attempt, but stay polite and present your argument and escalate the complaiint. You will get it taken back from the bailiff. Also the LC will say it is with the bailiff and their is nothing they can do about it. That is incorrect and advise them so as it is intheir discretion to do so.

[lindy1984]

thanks so much for all the advice. Herbie- I get carers allowance and tax credits but not income support. After reading on here I have rapidly gone from scared to extremely angry at what this pig is trying to con out of me. I will be on the phone to my LA first thing tomorrow morning

[Saffronflowers]

Lindy angry is good, it gives you the strength to carry on, you will highs an dlows but just pop back and we will support you

 

SFx

[lindy1984]

SF - Thank you, the support on here is amazing. I wish i,d found this site months ago! Will post after I've spoken to my LA in the morning, do you guys think I should go down the vulnerable route? As suggested I'm going to ask them to add last years and this years together to get them both paid by Feb. Once that is done (fingers crossed they will accept it!) I'm gonna be gunning for the bailiff!

[Mr Rhodes]

Just two points.

 

You have until 31/03/08 to pay as this is the end of the financial year. So divide the total by 9 (9 Mths July to March), which gives you a months grace before your first payment.

 

The LC will always allocate the amounts you pay against the oldest debt. This makes no difference so long as an arrangement is in place and is maintained. You can always amend an arrangement at a later stage.

[Saffronflowers]

MR - One big problem with doing it like that is that Councils like to have all payments finished before the new year, so that they can assure and commence action to debtors to have all monies in before the new finanacial year.

 

Linday - one very important thing that you can mention is that you are aware they need the money and this is the way that you can get it before the end of the financial year, and that pressin gyour further would put a large amount of financial strain and this would lead to you defaulting again.

 

The LA can accept this deal and tell Rossendales to accept if they wont take it back.

 

The LA should have access to Rossendales computer and should be able to tell you what charges have been placed on your account - I have just checked and they do.

 

Sfx

[Mr Rhodes]

Hi All - no expert but I feel confident that the advice so far will help Lindy1984 get control back.

 

Just to clarify, the Financial yearend is 05/04/08 (so in effect 31/03/08). If monthly payment arrangements are made to 31/08/08 then the account will be £Nil at the yearend.

 

Just to restate I am no expert and the other posts on here seem to have a greater understanding of the situation.

 

Chin up.

[lindy1984]

Mr Rhodes - expert or no expert your advice is good and greatly appreciated. thank you so much

[Guest Herbie]

Lindy

 

I have just checked our database of certficated bailiffs and there are two bailiffs working for the company with the same surname.

 

If poss could you please try to find the christian name. Also can you pm me the local authority concerned. It is best not to put it on the open forum as many bailiffs and LA's are frequent visitors to this forum.

 

PS: Most contracts with the local authorities and their bailiffs provide clauses for vulnerable groups , which include low income.

[seanamarts]

I dont know if you are aware of this Lindy but it could help, are you getting the rebates with regards to your council tax etc, if you are caring for a disable person you are entitled to some rebates .. ie having a disabled person living with you being a carer you may get another rebate, are you a single person as you also get 25% rebate as well.

[lindy1984]

Hi, I do get 25% off my council tax for being single, but that is all I get. When my Tax credits stop next month I think I will get some Benefit paid. At the moment they are saying I get too much money to qualify as tax credits still pay your working tax for the first 6 months of sickness, but I dont get any sick pay which is how I got into this mess in the first place.

[seanamarts]

Hi, I do get 25% off my council tax for being single, but that is all I get. When my Tax credits stop next month I think I will get some Benefit paid. At the moment they are saying I get too much money to qualify as tax credits still pay your working tax for the first 6 months of sickness, but I dont get any sick pay which is how I got into this mess in the first place.

I would look into this lindy as you are looking after a disable child you should be able to get a disabled rebate as well as a carers rebate

have a look here Council Tax reduction for disabled people : Directgov - Disabled people

[seanamarts]

by the way are you getting any DLA for your daughter

Disability Living Allowance - who can get it : Directgov - Disabled people

[lindy1984]

Hi. Thank you, I will look into the disability rebate today, and yes, I do get disability living allowance for my daughter. Am now going to take her to school then ring tne LA will post with an update. xlindyx

[seanamarts]

Hi. Thank you, I will look into the disability rebate today, and yes, I do get disability living allowance for my daughter. Am now going to take her to school then ring tne LA will post with an update. xlindyx

I'm not 100% sure of this but well worth looking into and finding out. The council have a duty to tell the bailiff company that you are a vulnerable case..If you are entitled to rebates due to having a disabled child which Im sure you are then the council will have to back date the rebate from when you were entitled to it, so they may have to take back the debt from the bailiffs and have to recalculate the amount you owe.. dont be fobbed off .. make an appointment with someone in the council tax benefit section and tell them everything better still have a chat with CAB and get them to write a letter on your behalf .. hope this helps

[lindy1984]

I have just spoken to the LA. They have told me that they will not make any arrangement to pay last years as expected. I have made one for this years though and she said that the money will only go to this years amount. She told me that the amount outstanding for last year is £636.89 so where this bailiff has got £1183.39 PLUS COSTS (Iforgot to put this in my first post) i will never know. I told the LA that he will not be getting into my house and that I have no intention of dealing with him, and that I am waiting until such time that he passes the debt back to them. So, where do I go now with regards to the bully boy bailiff?

[Saffronflowers]

Did you ask the LA to look on Rossendales system to see what the charges are for?

 

TBH I would go to your local CAB and talk it through with them, yes it is a pain having to wait the first time, however, after the initial wait they will do it with an appointment system.

 

What LA is it, I am worried that Rossendales wont hand it back they are not obliged to

 

SFx

[lindy1984]

Hi, I did ask them but they said they are totally seperate from Rossendales and can't get that information. My LA is Borough Council of King's Lynn and West Norfolk. Should I ring Rossendales to ask about the charges?

[Saffronflowers]

Yes ring Rossendales, and ask for a full breakdwon, they might not give it to you if so you can SAR them

 

Secondly when you have spoken try to speak to Henry Bellingham, who I think is your MP he is quite hot on Bailiff law he was very opposed to the TCE bill.

 

SFx

[lindy1984]

should I ring the office or the bailiff on his mobile? Can you really contact an mp about this kind of thing? sorry if i sound a bit dim I'm not very clued up on this kind of thing!