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anne lucas west sussex 8 April 2013

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  • anne lucas west sussex 8 April 2013

    Hi everyone. I have searched your forum and am confident you will be able to advise me. I have some expertise in social work and may be able to return the favour some time.

    I am most distressed having received a Bailiffs removal notice from Rossendales today when I was out.They demand £977.81 inclusive of costs.

    "No further arrangements are acceptable and payment is now required in full by clear funds only.
    I will attend at your address at my convenience and may remove goods even in your absence. "

    I called Rossendales and asked to speak with a manager regarding the above. I explained that I am elderly and in poor health, and that my memory is not always as good as I would want it to be. I had an arrangement to pay £25 per two weeks starting 17 January 2013. I was due to make a payment on 15 March 2013. The date and payment passed me by and it was not until 26 March 2013 that I paid £50 I was due to pay, according to my calculation again today, which I did. Rossendales were adamant that as I had defaulted on 15March that the warrant of execution was to be served today. i explained that I understood the procedure that was explained to me and that I would like to speak with a manager regarding the circumstances of my reason for default and to discuss the possibility of a new arrangement where I would pay by direct debit every month, as my bank could not set up a two week arrangement. The Bailiff would return tomorrow to levy the costs against removal of my goods and chattels. The company refused to negotiate any further terms of payment. I was advised to contact the Bailiff direct, that the decision lay with him as to what action would be taken.

    I spoke with L. Morley Bailiff in charge and he was totally disinterested in what I had to say. He passed the call on to his female assistant to speak with me. The answer was emphatically clear and non-negotiable. They are to return tomorrow a.m. I am so very distressed and have almost reached the will not to live. I should be most grateful for your advice and guidance.
    Tags: None

  • #2
    Re: anne lucas west sussex 8 April 2013

    bumping for attention

    Comment


    • #3
      Re: anne lucas west sussex 8 April 2013

      Is the local authority involved Mid Sussex District Council by any chance? Have Rossendales gained entry to your home on any previous occasion?
      Life is a journey on which we all travel, sometimes together, but never alone.

      Comment


      • #4
        Re: anne lucas west sussex 8 April 2013

        I apologise I am not familiar with the format differences. Your advice will be much appreciated and I do not intend to hold you in anyway responsible for my actions. Please advise the format that you are happy to use and I will accept without reservation. Thank you. Anne

        Comment


        • #5
          Re: anne lucas west sussex 8 April 2013

          Last year I was called upon by the same bailiff regarding another Council Tax Bill, which I was able to pay in full by using my visa debit card. The money I used was from a compensation claim that had just cleared at my bank. I am trying to survive on a small pension and the current demand is for April 2012 - March 2013. In July 2012 Horsham district council applied to the County Court for payment of the debt. I was unable to raise the amount requested and had an agreement to pay by instalments. The monthly payments were too high for me to maintain. I then received a Bailiff demand for payment in full. I was visited by a lady from Rossendales in January 2013 and the arrangement was agreed at £25 per two weeks. These details are in my initial posting. Thank you bluebottle. Anne

          Comment


          • #6
            Re: anne lucas west sussex 8 April 2013

            Hi Ann,

            Council Tax arrears are collected by way of a Liability Order which is granted to a local authority by a magistrates court under the provisions of the Council Tax (Administration & Enforcement) Regulations 1992 (as amended). All an LO does is say, officially, that the person named on the LO owes the local authority named thereon a certain sum of money.

            Could you post up the following, please -

            1. Amount of Council Tax arrears;
            2. Bailiff Fees

            Unless the bailiff has previously gained entry to your home and has a valid and lawful levy, they have no right or power of entry whatsoever. Any threats they make to force entry or to remove are totally unlawful and may also be illegal. It sounds like they have engineered a default by setting repayment amounts too high. This breaches OFT rules. They will claim they are not subject to OFT rules. They are. They hold a Category F Debt Collection Licence from the OFT. If they lose the licence, they cannot collect non-public debt, which the collect in addition to public debt, and their contracts to collect public debt could also be at risk as such contracts require them to hold an OFT licence as a condition of contract.
            Life is a journey on which we all travel, sometimes together, but never alone.

            Comment


            • #7
              Re: anne lucas west sussex 8 April 2013

              Sorry, I was confused as to the order of answering the post. Thanks Beagle Puppy. I am so distressed that I seem to be making errors. My dyslexia doesn't help. Anne

              Comment


              • #8
                Re: anne lucas west sussex 8 April 2013

                1. £997.81 on date of setting up 2 x weekly payments of £25. First instalment paid 14 January 2013 Since that payment the total amount paid via their automated payment system and including the first instalment is £175

                2. I do not know the Bailiff fees. The amount demanded I pay forthwith is still at £997.81 which also states including Bailiff fees.

                Thank you. Anne

                Comment


                • #9
                  Re: anne lucas west sussex 8 April 2013

                  1. £997.81 on date of setting up 2 x weekly payments of £25. First instalment paid 14 January 2013 Since that payment the total amount paid via their automated payment system and including the first instalment is £175

                  2. I do not know the Bailiff fees. The amount demanded I pay forthwith is still at £997.81 which also states including Bailiff fees.

                  Thank you. Anne

                  Comment


                  • #10
                    Re: anne lucas west sussex 8 April 2013

                    It is a legal requirement that CT arrears and bailiff fees are itemised. They are not allowed to lump them all together as this gives scope for fraud. The reasons they have to be itemised is for the protection of the debtor and the bailiff. Do you know how much CT you owe to the council?
                    Life is a journey on which we all travel, sometimes together, but never alone.

                    Comment


                    • #11
                      Re: anne lucas west sussex 8 April 2013

                      1. £997.81 on date of setting up 2 x weekly payments of £25. First instalment paid 14 January 2013 Since that payment the total amount paid via their automated payment system and including the first instalment is £175

                      2. I do not know the Bailiff fees. The amount demanded I pay forthwith is still at £997.81 which also states including Bailiff fees.

                      Thank you. Anne

                      Comment


                      • #12
                        Re: anne lucas west sussex 8 April 2013

                        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
                        8 - the dates & amounts of any payments

                        Comment


                        • #13
                          Re: anne lucas west sussex 8 April 2013

                          Has the Bailiff gained entry to your Home?

                          You mention you exist on a pension, without being disrespectful are you an OAP?

                          Apart from your dyslexia do you have any other conditions/illnesses?

                          Comment


                          • #14
                            Re: anne lucas west sussex 8 April 2013

                            I am still of the opinion that the bailiff's actions are unlawful. Please obtain the information Ploddertom has listed and post up. It is from that information we can see what help you need.
                            Life is a journey on which we all travel, sometimes together, but never alone.

                            Comment


                            • #15
                              Re: anne lucas west sussex 8 April 2013

                              Thank you I will first thing tomorrow. I was so distressed all night that I was terrified to stay in my home. I left before 7.30 am and returned just 10 mins. ago.

                              Comment

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