Have posted the below information elsewhere on the web(CAG) am hoping someone on here may also be able to help so have pasted the full of what I put elsewhere here.
Thanks in advance
1st sept
Hoping someone can help, I've read the forums and whilst highly informative some of it is a little confusing.
I had a visit yesterday from Rossendales who gave me a Baliff removal letter. Have no scanner so had to type it in as best I can below. This is the first contact I personally have had with this company and relays to council tax at a point in time when I was not working due to having a baby and then after that I was a mature student. However I did have a partner who I thought had paid everything (obviously not).
Long and short is I told the baliffs face to face yesterday on my doorstep (neither put a foot/hand in my door and I didn't sign anything) that I was in no position to pay the £1344 in 24 hours and that due to being off work today and having two children in the house (single parent) they would not be gaining entry anyways (I naturally don't let anyone in that I don't know).
This was the first I knew of this debt and have since found out that whilst I'm not named on other orders Rossendales have my ex has three more council tax orders with them but the woman stated it was for 2006/7.
The female baliff (there was a male there too) stated they would be back in 24 hours if I did not contact and make full payment. I had a quick scan of the forum and have sorted a letter out to sent to the Rossendale offices recorded, the relevant council and have one pinned to the door should the baliffs turn up. I also made a payment of £50 which is the most I can afford without my kids starving online to Rossendales to the correct account.
Fast forward to this morning and I now have posted relevant letters (stuck one on door for baliffs), I also rang the Rossendales office to speak to someone there and explain I had not realised this debt was there, that I have made a payment and will be sending three copies of my payment plan to all relevant (obviously a fourth copy for my own records). The woman on the phone stated she could see the payment was made but that it was in the hands of the baliff and she would transfer the call to her.
I then spoke to the female baliff who stated things were at such a stage she would be coming to arrest me (I don't think she has the authority but obviously am mentioning this so I can have my mind put at ease). I stated to her the offer was £50 and that I had seeked advice on my rights and that a payment of good will has been made to prove I am willing to pay off this debt and an initial payment has been made and can be prooven. She again repeated about arresting me and that she would need to talk to her boss as it is passed any stage of making payment deals.
She stated that as a previous payment planned had been agreed and not met things had progressed. I stated that whilst a plan may have been met it was not in any way shape or form an agreement with me who is now being persued and that I am willing to pay off this debt, I personally have never let them in my house or signed any such payment plan. She stated she would contact me in an hours time (I gave her a phone number for a mobile phone rather than my home) and as yet has not (first contact made at 930am now 1120am). I'm sat in the house with two kids and ill, wondering what on earth is going on. I am assuming she is making me stew or that she took down the wrong number? Do I need to make contact again via the phone or do I now persue all action in the written format? I have made contact, the woman in the office stated she was writing on my record that contact via phone was made (though I payed a nominal amount last night to cover that hopefully I'm right in doing that?)
Sorry if its abit gobblydegoop I'm not very good at forums so wasn't sure really despite taking a hint what to include/not included/would be deemed too much/not enough.
Thanks in advance for any advice that can be offered.
Oh also forgot (did mention not good at this forum thing)
I checked the online register for certificated baliffs and the lady in questions ran out on 25/9/2009 obviously I assume its in the throws of being re-issued but online at least she's not valid ?
Checked door letter pinned to it has not been removed (it has her name on the front and received by hand should she remove it). Definately wasn't postal service as theres nothing in my mail box. That means though she has left nothing to say she has called at my house? does that mean she will be back again ?
Thanks I've done the letters they were printed off last night when I made a good will payment on Rossendales website. I'm still working out the wording on the letter to the council that will have the rossendale copies included. I do know that on the Rossendale website it states the fees and shows £250 as the amount on there (I did a screen dump of the page for future reference)
I personally have never let them in my house the problem is I have no idea if my ex did and how indeed that implicates me. I know he tried to make arrangements as the female baliff has explained that to me. Obviously its all a bit of a mares nest as they've got my details and whilst I'm willing to pay I personally have never made an arrangements or signed anything or let them into the house. I also live at a different address now (as happens when relationships go pear shaped), so have no idea how that factors into things.
I still haven't had a return call from the female so I can only assume she will be back presumably to try and gain peaceful entry (isn't happening) or to agree a payment plan more than what I can afford (again isn't happening). Past that I guess is where the scare mongering comes into it as I have no idea what my ex did and how that (like the debt wasn't enough) is going to affect me and the kids.
Sadly not on benefits as I work full time (off sick this week hence I was home when they turned up at). I receive a good chunk of tax credits to enhance my pityful wage and am awaiting council tax/rent benefit claim being looked at. Other than that its child benefit and I don't think any of those classify me as "vunerable" . I have a thyroid issue at the moment which is potentially leading to surgery but it is by no means debilitating (ie I still work mainly as I have to or we'd have no money and santas due soon).
Council dealing with it won't talk as "its not our problem our baliffs are dealing with this now and you need to contact them" obviously I did that early doors this morning.
I don't want to ring them back now and be drawn into anything (rossendales that is). I've stated my intention and whilst they have my mobile phone number they have not as yet rang me back despite promising to do so within an hour. I'd like to think the ball is in their court now (rossendales) but I'm so unclued up about this and am finding it hard to get my head around the "jargon" its all as said in my first post a little confusing.
Thanks for your replies.
3rd sept
OK so they've not been back since banging on the door, they've not removed the note as its still pinned to the door (working on the principal if they do they have to a) acknowledge the note and b) by doing so they have to take the letter and leave something in paper format in return.
Wondering how this affects things like my car, I removed it from the driveway whislt I sorted the payment and letter side of things (wasn't on the drive as was in for mot when they visited initially and 2nd time knew they may be back so was elsewhere). I live in a village and need the car to get to work, wondering now if its on the driveway can they still levy it and is it ok to do so (obviously dragging two kids across a village so we can leave said village is a pita). Obviously I fully intend to keep up payments and letter was sent to Rossendales recorded so they should have received it today or tomorrow and will I assume write back to me. I don't want to find one day that whislt I'm hiding like a fugitive in my house (cos it really feels like that that they won't take my car because I'm not answering the door) as this means then I won't be able to get to work ergo I won't be able to pay.
I can't believe how terrifying it is and I feel for anyone else whose got themselves into this predicament. My kids have felt like caged animals with sas tactics to get about the house (sounds daft no doubt but I've been so paranoid its ridiculous).
I also return to work on Monday which means my 12 year old will be home alone for brief points to let himself in the house until I return shortly after. I've had to explain in a basic way he's not to open the door and to ensure its locked on leaving and returning even if he's in, but is he safe? Mores the point after the distress can they return when I am not in and enter the house in my absense?
Much appreciate any advice on the car and if I'm proceeding in the appropriate manner. Appologies if I'm being a complete worry wart over this but its all new to me and I really feel rather frightened by it all and my main priority is my kids and the ability to get them to school, know they are safe in the house.
today 10th sept
Urgent help required, following on from the above and from my attempts to make some payment to the baliffs I've returned from work today to find that the baliffs have made a notice of distress on my friends car (no issue as that can easily be proved) but also on my landlords car. He's currently gone to cyprus for 3 months and left his car outside the house this weekend and I have no means of contacting him.
1st I need to know what proof I can obtain to either prevent removal of that car and how I go about this.
2nd I assume this means the token payment of £50 made above has been completely ignored. The baliffs returned a phone call to me in respect of the above yesterday (some time after the one hour of calling me back initially as I was home all that day). However being at work and in a place were mobiles are not allowed at all during the working day due I cannot accept calls anyways. One text and one voice mail was left, other than that I have no idea as no other contact has been made outside of those hours as far as I can see.
I really am quite scared as obviously the cars are not mine that have recieve the distress. I've no idea what to do as its blatently not going to work me paying £50 a month as they've not acknowledged this at all. They only removed the letter I pinned to the front door today and stuck it back opened in the mail box. The office who should have received a posted copy have failed to respond to me at all.
Letter as best as I can type
FINAL NOTICE
MAGISTRATES LIABILITY ORDER/DISTRESS WARRANT FOR UNPAID council tax
I must now give you 24 hours statutory notice of my intentions to recall and remove your effects, sufficient to satisfy the debts and costs.
To keep costs to yourself to a minimum, I ask that you contact e to arrance a time suitable for us to be allowed access to your premises.
Shoul you sish to avoid this distressing course of action, and the resulting costs incurred please contact me immediately on *************
Yours baliffied
added in hand written script tried calling an tex no reply.
Notice of distress as below
HELP please someone, I really am at my wits end. I'm sorry if this is hard to comprehend but I'm sat in a flood of tears wondering wtf to do next. I don't really understand the above but my assumption is they're going to at the very least remove my landlords car?
Sorry again and in much anticipation of assistance.
Binded.
Thanks in advance
1st sept
Hoping someone can help, I've read the forums and whilst highly informative some of it is a little confusing.
I had a visit yesterday from Rossendales who gave me a Baliff removal letter. Have no scanner so had to type it in as best I can below. This is the first contact I personally have had with this company and relays to council tax at a point in time when I was not working due to having a baby and then after that I was a mature student. However I did have a partner who I thought had paid everything (obviously not).
Long and short is I told the baliffs face to face yesterday on my doorstep (neither put a foot/hand in my door and I didn't sign anything) that I was in no position to pay the £1344 in 24 hours and that due to being off work today and having two children in the house (single parent) they would not be gaining entry anyways (I naturally don't let anyone in that I don't know).
This was the first I knew of this debt and have since found out that whilst I'm not named on other orders Rossendales have my ex has three more council tax orders with them but the woman stated it was for 2006/7.
The female baliff (there was a male there too) stated they would be back in 24 hours if I did not contact and make full payment. I had a quick scan of the forum and have sorted a letter out to sent to the Rossendale offices recorded, the relevant council and have one pinned to the door should the baliffs turn up. I also made a payment of £50 which is the most I can afford without my kids starving online to Rossendales to the correct account.
Fast forward to this morning and I now have posted relevant letters (stuck one on door for baliffs), I also rang the Rossendales office to speak to someone there and explain I had not realised this debt was there, that I have made a payment and will be sending three copies of my payment plan to all relevant (obviously a fourth copy for my own records). The woman on the phone stated she could see the payment was made but that it was in the hands of the baliff and she would transfer the call to her.
I then spoke to the female baliff who stated things were at such a stage she would be coming to arrest me (I don't think she has the authority but obviously am mentioning this so I can have my mind put at ease). I stated to her the offer was £50 and that I had seeked advice on my rights and that a payment of good will has been made to prove I am willing to pay off this debt and an initial payment has been made and can be prooven. She again repeated about arresting me and that she would need to talk to her boss as it is passed any stage of making payment deals.
She stated that as a previous payment planned had been agreed and not met things had progressed. I stated that whilst a plan may have been met it was not in any way shape or form an agreement with me who is now being persued and that I am willing to pay off this debt, I personally have never let them in my house or signed any such payment plan. She stated she would contact me in an hours time (I gave her a phone number for a mobile phone rather than my home) and as yet has not (first contact made at 930am now 1120am). I'm sat in the house with two kids and ill, wondering what on earth is going on. I am assuming she is making me stew or that she took down the wrong number? Do I need to make contact again via the phone or do I now persue all action in the written format? I have made contact, the woman in the office stated she was writing on my record that contact via phone was made (though I payed a nominal amount last night to cover that hopefully I'm right in doing that?)
Rossendales
Proud to be professionals Rossendale address
My address Reference numbers
Date 1/9/2009 Time.
Baliff Removal
Magistrates liability order/distress warrent for unpaid council tax.
Payment due in full - 24 hours
I have attended today with the intention of removing your goods and chattels as are necessary to discharge the above debt and any additional ENFORCEMENT COSTS incurred.
PLEASE NOTE - no further arrangements are acceptable and payment is now required in full by clear funds only.
I will re-attend at your address at my convenience and may REMOVE goods even in your absence. Should you wish to avoid this course of action, contact me immediately on the telephone number below to arrange prompt payment of your debt.
NO CONTACT WILL BE TAKEN AS REFUSAL TO PAY
Yours sincerely
Baliff in charge
Proud to be professionals Rossendale address
My address Reference numbers
Date 1/9/2009 Time.
Baliff Removal
Magistrates liability order/distress warrent for unpaid council tax.
Payment due in full - 24 hours
I have attended today with the intention of removing your goods and chattels as are necessary to discharge the above debt and any additional ENFORCEMENT COSTS incurred.
PLEASE NOTE - no further arrangements are acceptable and payment is now required in full by clear funds only.
I will re-attend at your address at my convenience and may REMOVE goods even in your absence. Should you wish to avoid this course of action, contact me immediately on the telephone number below to arrange prompt payment of your debt.
NO CONTACT WILL BE TAKEN AS REFUSAL TO PAY
Yours sincerely
Baliff in charge
Thanks in advance for any advice that can be offered.
Oh also forgot (did mention not good at this forum thing)
I checked the online register for certificated baliffs and the lady in questions ran out on 25/9/2009 obviously I assume its in the throws of being re-issued but online at least she's not valid ?
Checked door letter pinned to it has not been removed (it has her name on the front and received by hand should she remove it). Definately wasn't postal service as theres nothing in my mail box. That means though she has left nothing to say she has called at my house? does that mean she will be back again ?
Thanks I've done the letters they were printed off last night when I made a good will payment on Rossendales website. I'm still working out the wording on the letter to the council that will have the rossendale copies included. I do know that on the Rossendale website it states the fees and shows £250 as the amount on there (I did a screen dump of the page for future reference)
I personally have never let them in my house the problem is I have no idea if my ex did and how indeed that implicates me. I know he tried to make arrangements as the female baliff has explained that to me. Obviously its all a bit of a mares nest as they've got my details and whilst I'm willing to pay I personally have never made an arrangements or signed anything or let them into the house. I also live at a different address now (as happens when relationships go pear shaped), so have no idea how that factors into things.
I still haven't had a return call from the female so I can only assume she will be back presumably to try and gain peaceful entry (isn't happening) or to agree a payment plan more than what I can afford (again isn't happening). Past that I guess is where the scare mongering comes into it as I have no idea what my ex did and how that (like the debt wasn't enough) is going to affect me and the kids.
Sadly not on benefits as I work full time (off sick this week hence I was home when they turned up at). I receive a good chunk of tax credits to enhance my pityful wage and am awaiting council tax/rent benefit claim being looked at. Other than that its child benefit and I don't think any of those classify me as "vunerable" . I have a thyroid issue at the moment which is potentially leading to surgery but it is by no means debilitating (ie I still work mainly as I have to or we'd have no money and santas due soon).
Council dealing with it won't talk as "its not our problem our baliffs are dealing with this now and you need to contact them" obviously I did that early doors this morning.
I don't want to ring them back now and be drawn into anything (rossendales that is). I've stated my intention and whilst they have my mobile phone number they have not as yet rang me back despite promising to do so within an hour. I'd like to think the ball is in their court now (rossendales) but I'm so unclued up about this and am finding it hard to get my head around the "jargon" its all as said in my first post a little confusing.
Thanks for your replies.
3rd sept
OK so they've not been back since banging on the door, they've not removed the note as its still pinned to the door (working on the principal if they do they have to a) acknowledge the note and b) by doing so they have to take the letter and leave something in paper format in return.
Wondering how this affects things like my car, I removed it from the driveway whislt I sorted the payment and letter side of things (wasn't on the drive as was in for mot when they visited initially and 2nd time knew they may be back so was elsewhere). I live in a village and need the car to get to work, wondering now if its on the driveway can they still levy it and is it ok to do so (obviously dragging two kids across a village so we can leave said village is a pita). Obviously I fully intend to keep up payments and letter was sent to Rossendales recorded so they should have received it today or tomorrow and will I assume write back to me. I don't want to find one day that whislt I'm hiding like a fugitive in my house (cos it really feels like that that they won't take my car because I'm not answering the door) as this means then I won't be able to get to work ergo I won't be able to pay.
I can't believe how terrifying it is and I feel for anyone else whose got themselves into this predicament. My kids have felt like caged animals with sas tactics to get about the house (sounds daft no doubt but I've been so paranoid its ridiculous).
I also return to work on Monday which means my 12 year old will be home alone for brief points to let himself in the house until I return shortly after. I've had to explain in a basic way he's not to open the door and to ensure its locked on leaving and returning even if he's in, but is he safe? Mores the point after the distress can they return when I am not in and enter the house in my absense?
Much appreciate any advice on the car and if I'm proceeding in the appropriate manner. Appologies if I'm being a complete worry wart over this but its all new to me and I really feel rather frightened by it all and my main priority is my kids and the ability to get them to school, know they are safe in the house.
today 10th sept
Urgent help required, following on from the above and from my attempts to make some payment to the baliffs I've returned from work today to find that the baliffs have made a notice of distress on my friends car (no issue as that can easily be proved) but also on my landlords car. He's currently gone to cyprus for 3 months and left his car outside the house this weekend and I have no means of contacting him.
1st I need to know what proof I can obtain to either prevent removal of that car and how I go about this.
2nd I assume this means the token payment of £50 made above has been completely ignored. The baliffs returned a phone call to me in respect of the above yesterday (some time after the one hour of calling me back initially as I was home all that day). However being at work and in a place were mobiles are not allowed at all during the working day due I cannot accept calls anyways. One text and one voice mail was left, other than that I have no idea as no other contact has been made outside of those hours as far as I can see.
I really am quite scared as obviously the cars are not mine that have recieve the distress. I've no idea what to do as its blatently not going to work me paying £50 a month as they've not acknowledged this at all. They only removed the letter I pinned to the front door today and stuck it back opened in the mail box. The office who should have received a posted copy have failed to respond to me at all.
Letter as best as I can type
FINAL NOTICE
MAGISTRATES LIABILITY ORDER/DISTRESS WARRANT FOR UNPAID council tax
I must now give you 24 hours statutory notice of my intentions to recall and remove your effects, sufficient to satisfy the debts and costs.
To keep costs to yourself to a minimum, I ask that you contact e to arrance a time suitable for us to be allowed access to your premises.
Shoul you sish to avoid this distressing course of action, and the resulting costs incurred please contact me immediately on *************
Yours baliffied
Notice of distress as below
NOTICE OF DISTRESS
To ********* of ***adress an all otheres whom it may concern. TAKE NOTICE that by virtue of an authority given to me by xxxxx magistrates court in a liability of order dated OCT 4th 2004, I have this day seized distrained an dimpounded upon the premises the goods specified in the inventory below for debt and costs owing to xxxxx council as stated in the said liability order.
AND TAKE FURTHER NOTICE that unless the said sum be paid together with the expenses of this distress or the goods replevied, within five days from the date hereof, they will be sold according to the law.
THE INVENTORY
1 red peugot
1 Blue car
squiggled not signed dated 10.9.09
WALKING possession agreement
In consideration of (a) you not immediately removing the goods (b) you delaying the sale of those goods I hereby agree that you
1) You ma take possession of those goods and hold them in a walking possession
2) you or your man may enter or re-enter the premises at any time will the distraint is in force
(3) I will not remove or allow to be removed from the premises any goods so distrained.
4) I will inform any person who may visit my presmises for the purposes of levying any other distress or execution that you are already in possession of the goods so distrained and I will inform you of each such visit.
5) you may remove and sell those goods at any time after 14 days after the date shown below if I have not paid by then the sum due and your fees, charges and expenses. I certify that a copy of this possession agreement has been handed to me.
Dated 10.09.09 NOT SIGNED
Amount for which distress is made £1306.96 (client debt and outstanding costs)
other fee £60
Total £1366.96
Dated 10.9.09
To ********* of ***adress an all otheres whom it may concern. TAKE NOTICE that by virtue of an authority given to me by xxxxx magistrates court in a liability of order dated OCT 4th 2004, I have this day seized distrained an dimpounded upon the premises the goods specified in the inventory below for debt and costs owing to xxxxx council as stated in the said liability order.
AND TAKE FURTHER NOTICE that unless the said sum be paid together with the expenses of this distress or the goods replevied, within five days from the date hereof, they will be sold according to the law.
THE INVENTORY
1 red peugot
1 Blue car
squiggled not signed dated 10.9.09
WALKING possession agreement
In consideration of (a) you not immediately removing the goods (b) you delaying the sale of those goods I hereby agree that you
1) You ma take possession of those goods and hold them in a walking possession
2) you or your man may enter or re-enter the premises at any time will the distraint is in force
(3) I will not remove or allow to be removed from the premises any goods so distrained.
4) I will inform any person who may visit my presmises for the purposes of levying any other distress or execution that you are already in possession of the goods so distrained and I will inform you of each such visit.
5) you may remove and sell those goods at any time after 14 days after the date shown below if I have not paid by then the sum due and your fees, charges and expenses. I certify that a copy of this possession agreement has been handed to me.
Dated 10.09.09 NOT SIGNED
Amount for which distress is made £1306.96 (client debt and outstanding costs)
other fee £60
Total £1366.96
Dated 10.9.09
Sorry again and in much anticipation of assistance.
Binded.
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