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Rossendales and walking possession from 2009 (unsigned)

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  • Rossendales and walking possession from 2009 (unsigned)

    Hi everyone,

    Visited by Rossendales this afternoon, (Monday 2nd Aug 2010) asking for payment of £549.08 or he will lift the car from the drive. I asked him how he has the authority to just take the car and he showed me it was listed under 'THE INVENTORY' section of a 'WALKING POSSESSION AGREEMENT' which a Rossendales bailiff filled out and dated 5/oct/09. I asked how could a walking possession agreement have been made without the knowledge or agreement of the person named for the council tax debt or myself. His reply was the car had belonged to Rossendales since Oct 09 and he could take it any time. I replied that we had no knowledge of any such agreement. He then furiously riped the page from his clipboard and thrust it at me. The document is signed and dated by a bailiff but not the person named on the debt.

    The amount on the document are as follows:
    client debt and costs outstanding 915.08
    first visit fee 24.50
    second visit fee
    levy fee 54.00
    walking possessioin order
    other
    total £993.58

    He also gave me a BAILIFF REMOVAL magistrates liability order/distress warrant for the unpaid council tax. PAYMENT DUE IN FULL - 24 HOURS on which he had written £549.08. He told me that the council want him to execute the warrant now so the amount must be paid in full.

    His manner was agressive and theatening and had I not previously read the posts on this site I would not have been able to deal with this person.

    I am signed off work through ill health and attend my doctor and local hospital for my condition. My Partner is the named person on this debt and works away all week. Rossendales know this and I asked him why he was visiting on a Monday? He confirmed that the person who wrote out the Oct agreement had noted that my partner is not home until Sat evenings. He then ran back up the drive before I could read the documents fully and ask what the £549.08 was actually for.

    I have just checked our 2010/2011 council tax bill and £240.58 has been added to this in respect of 2009/2010, which is what I presume this bailiff is chasing (plus a little extra!).

    We are still struggling with payments, but are and always have been continuing to pay our local council through the automated service. I offered the bailiff to get the cash to pay him as my partner worked away and he said he could only accept payment from him (this was sometime in 2009). We will be paying the bailiff fees which are legally due, once we have confirmation of what these fees are.

    With the payments we have made to the council for year10/11, the £240.58 for 09/10 has already been cleared.

    Anyway, the point is, will I go out to the car one day to find the nice people form Rossendales have taken it for a spin?

    Any advice people!!!
    5
    Never happened
    60.00%
    3
    Only after taking legal advice and sending umpteen letters
    20.00%
    1
    Yes, got the itemised account with a smile too
    0.00%
    0
    Bailiff companies don't understand
    20.00%
    1
    Tags: None

  • #2
    Re: Rossendales and walking possession from 2009 (unsigned)

    You should send a Subject Access Request letter, from the bailiff guide to Rossendales and also write a letter of complaint to Rossendales, copied to the council.

    Comment


    • #3
      Re: Rossendales and walking possession from 2009 (unsigned)

      Thanks Amy, will start composing the complaint.

      Comment


      • #4
        Re: Rossendales and walking possession from 2009 (unsigned)

        Hello again everyone,
        just had another thought (dangerous I know).

        The threat to lift the car from the drive as per the unsigned, and until yesterday unheard of, Walking Possession Order dated Oct 2009. As the 09/10 year council tax has been cleared months ago. I presume the bailiff is trying to take this in leiu of the fees owed to them.

        I am assuming we only owe for the first and second visits fees. Is this correct?

        Thanks again for the help

        Comment


        • #5
          Re: Rossendales and walking possession from 2009 (unsigned)

          If he actually visited you, then yes, but you need to send a Subject Access Request in order to find out for sure. Have a look here Bailiff Guide - Legal Beagles Consumer Forum

          Comment


          • #6
            Re: Rossendales bailiff and walking possession from 2009 for council tax

            Hello again all.

            The Bailiff for Rossendales visited again this morning. (one week later..)

            I asked why the figure he had (£549.08) was different to the one on the bottom of the council tax bill, £240.58 (carried over from 2009/10 to 2010/11).

            He said it was for the council debt. I asked if he could write down or give me a copy of the charges. He made a big fuss of phoning the local council (or someone else) and made sure I could hear the first part of the conversation via the speaker.

            He completed a NOTICE OF DISTRESS. Extract as follows:
            ..I have this day seized, distrained and impounded upon the premises the goods specified in the inventory below for the debt and costs owing to ...Council... as stated in the said Liability Order.

            ..AND TAKE FURTHER NOTICE that unless the said sum be paid, together with the expenses of the Distress, or the goods Replevied within five Days from the date hereof, they will be sold according to Law.

            THE INVENTORY
            (details of our car)

            signed and dated by the bailiff

            Under this there is a sub-title WALKING POSSESSION AGREEMENT, which is not completed.

            Under this: AMOUNT FOR WHICH THE DISTRESS IS MADE
            Client debt and costs outstanding 00.00 (no figure)
            First visit fee 24.50
            Second visit fee 00.00 (no figure written)
            Levy fee 54 =(L)
            Walking possession 00.00 (no figure written)
            other 110 - VAN
            Total 429.08*

            signed and dated by the bailiff


            I asked what the van was for? Bailiff said to take the car. I replied a 4x4 in a van? He said 'What do you want me to bring? A trailer? A flat bed. I should be putting another 120 on for a van today.

            I said that as far as I was aware fees were due for first and second visits and I could not understand how the figure he quoted of £549.08 was so different to the amount due on this years council tax bill in respect of previous year, namely, £240.58.

            He told me the amount was for council tax as the fees were paid first, they always collect their fees first. He said 'I suppose you've phoned one of those helplines, well they don't know anything. Each council is different and I've been doing this job for ten years, you must know more than me.'

            This afternoon I visited the Council Offices and spoke to a lady from the debt recovery department. I asked why the £240.58 was left with the bailiff when the other amounts paid had been taken off this 2009/2010 bill (£240.58 being the remaining amount for this year, which appears on our 2010/2011 bill). She told me that the monies paid direct to the council where then forwarded to the bailiff but then the total of £980 we paid to the council since this bill where taken from the 2010/2011 bill to 'help out with that one'. There was no explaination as to why change of policy had taken place. I explained that I had calculated that we had paid the council £980 in total, which we expected would cover the £240.58 from last year and bring us up to date, next payment being due 1st Sept 2010. She also confirmed that the bailiff usually collects the fees upfront or they might not get paid, and we should contact the bailiff by his mobile to arrange payment of £549.08, which she said 'sounds about right'.

            Came out of council offices slightly more confused than when I went in.

            Anyway can anyone help with the following questions?:
            1) How can a Bailiff charge 'up front' fees and take the money for there payment without knowing what fees he will need to charge?
            2) How do we stand with the car? It is our only means of transport. Taxi costs to partners place of work would be arround £40 one way (done this once when car broken). I use the car for doctor/hospital appointments, taking pets to the vet, trip to the shops for bales of hay, large bags of dog food etc, etc,
            3) Is it common practice for a bailiff to visit knowing full well that the debtor is out at work? (partner went off to work about 3.30am today and will either be back late Friday or Saturday) Bailiff also aware that I am signed off work ill, but still manage to distress me.

            Thank you if you managed to get to the end of this without passing out!

            H E L P !

            Comment


            • #7
              Re: Rossendales and walking possession from 2009 (unsigned)

              I am confused. How much in council tax do you actually owe? How much council tax have you actually paid? Is the £240 for a different tax year? Were you aware you owed council tax for different years?

              Comment


              • #8
                Re: Rossendales and walking possession from 2009 (unsigned)

                Hi again, I'm confused too.

                As of the issue of the Council Tax Bill dated 15.03.10 issued by the local council. (quote)
                Council Tax Due for period 01.04.10 to 31.03.11 £1472.49
                Under instalment details is typed: In addation to the balance shown on this bill there is also a balance of £240.58 in respect of other periods
                Your overall account balance is £1713.07

                The £240.58 refers to the remaining amount for the council tax year 2009 to 2010.

                The Bailiff has written on the FINAL NOTICE the figure of £549.08
                For council tax, as fees already taken.

                When I quiered this, he wrote down the amounts which total £429.08 on the NOTICE OF DISTRESS/INVENTORY/WALKING POSSESSION AGREEMENT thingy.

                According to the lady at the local council office this afternoon, £240.58 is still outstanding for 2009/2010 and the balance for this current years council tax, year ending 31.03.2011, is £546.49. The lady at the council office said we owe the bailiff (basically, whatever he wrote down as they take their fees first), which should be paid to the bailiff and £546.49 to the council.

                Rossendales are acting for the council tax year 2009 to 2010 not the current year.

                We have paid the council £980 so far, which I had worked out to be enough funds to clear the £240.58 from last year and bring us up to date, owing next month (September) to the end of the council tax year.

                Hope this helps.

                Comment


                • #9
                  Re: Rossendales and walking possession from 2009 (unsigned)

                  You need to send a Subject Access Request if you haven't already done so. They cannot add fees as they see fit. You need a full breakdown of what has been charged.

                  Comment


                  • #10
                    Re: Rossendales and walking possession from 2009 (unsigned)

                    Thanks Amy

                    Will they still take the car? I know it is worth far more than the amounts stated to be outstanding to either the council or bailiff.

                    Just worried as at home alone all week and the bailiff knows this.

                    Comment


                    • #11
                      Re: Rossendales and walking possession from 2009 (unsigned)

                      I would park it away from your house if at all possible if you are able to, just until this is sorted out.

                      Comment


                      • #12
                        Re: Rossendales and walking possession from 2009 (unsigned)

                        Not sure where to put it, but thanks for the advice.

                        Comment

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