Baillif advice needed urgently PLEASE - I did it!

[kesprg]

Hi
I got behind with my council tax last year and it ended up in the hands of Rossendales the Baillifs. They put a note through my door at the end of last year stating that I owed them £1400.00 and I needed to phone a mobile number to arrange payment. I did this straight away. The Baillif told me that as I couldnt pay he would come and do a walking possession order so I could arrange instalments. When he came I was at work and he just put some income related forms through my door. I never saw him and he never came into my house. I filled in the forms and I had been told by him that they would then work out how much I should pay each week and a payment plan would be set up. I heard absolutely nothing more from them. I paid a total amount of £265 in several installments between Jan 09 and May 09. This was done through their online payment link. I thought that by doing this whilst waiting to hear from them would show that I was willing to pay. However, when I got home from work today I had a note put through my door which was a distress warrant saying they had attended my house to collect my goods and that I had 24 hours to pay £1364 or they would be back to get my goods. I phoned the baillifs number and told him I had had no correspondence from them at all. He basically told me that everyone said that and that 2 letters had been sent to me in May and June. I genuinely did not receive anything. I asked him if I could pay in installments as I am a single mum and only work part time but he said that it had gone too far and I had to pay the amount in full. He has given me until monday to phone him back and says that if I can promise him the money by 31st July he will let me have until then otherwise he will take my goods next week. I have no hope of finding that sort of money by the end of the month. What can I do. Im worried out of my mind. Do I have a leg to stand on? Please advise me. I would be eternally grateful of any help. xx

[Amy]

Re: Baillif advice needed urgently PLEASE

The bailiff is talking out of his rear end.

He has not previously been granted peaceful entry to your property and so he cannot take your goods.

Have a read of this if you haven't already Bailiff Guide - Legal Beagles and consider filing a Form 4 complaint (once you have confirmed he is certificated).

[kesprg]

Re: Baillif advice needed urgently PLEASE

Thank you so much for your reply. It has put my mind at rest a little. I have just read the Baillifs guide which was really helpful. I have also just written a letter to Rossendales detailing what has happened and asking them how they can say I defaulted on a payment plan that was never made in the first place. I hope this is the right thing to do. I am going to check that the Baillif concerned is certificated tomorrow.
I have just added up my figures of what I have paid and what they say I now owe and it works out that they have charged me £270 for 1 visit and no letters. This cant be right surely. I can never hope to pay the debt off at that rate. They seem to be such a big firm that I just assumed that they wouldnt do anything that wasnt right but I am now having my doubts.
Also, should I phone this baillif on Monday or not. He said that if I phone him on Monday he will give me til 31st July to pay but if I dont he will automatically turn up. Do I phone him and let him believe I may be able to pay the amount by 31st July to give me some breathing space to get things sorted or do I just ignore that comment. I really want to avoid the confrontation of him turning up here with a van. Im worried about my kids witnessing anything upsetting. What do you think is the best course of action at this moment in time.

[Amy]

Re: Baillif advice needed urgently PLEASE

Thank you so much for your reply. It has put my mind at rest a little.

Put your mind at rest totally - there is absolutely nothing they can do as long as you haven't previously allowed them peaceful entry.

I have just read the Baillifs guide which was really helpful. I have also just written a letter to Rossendales detailing what has happened and asking them how they can say I defaulted on a payment plan that was never made in the first place. I hope this is the right thing to do.

I would imagine they will ignore this letter. You'd be much better off sending the Subject Access Request (link also in the bailiff guide).

I have just added up my figures of what I have paid and what they say I now owe and it works out that they have charged me £270 for 1 visit and no letters. This cant be right surely.

It isn't right. They are only allowed to charge you for one first visit and one second visit unless you have liability orders covering several years council tax.

The first visit is £24.50 and the second £18.00. If you only owe council tax for one year they can make as many visits as they like but they cannot charge you further.

Also, should I phone this baillif on Monday or not. He said that if I phone him on Monday he will give me til 31st July to pay but if I dont he will automatically turn up.

Odd that he told you today that you had only "24 hours to pay £1364" then. He's bluffing. He knows the rules and he knows he cannot do anything. As above, he can turn up if he chooses, but he cannot do a damn thing.

Do I phone him and let him believe I may be able to pay the amount by 31st July to give me some breathing space to get things sorted or do I just ignore that comment. I really want to avoid the confrontation of him turning up here with a van. Im worried about my kids witnessing anything upsetting. What do you think is the best course of action at this moment in time.

Send the Subject Access Request, check his certification and complain accordingly.

[kesprg]

Re: Baillif advice needed urgently PLEASE

Thank you so much. You are amazing. How brilliant to have someone who knows what they are talking about. These people are the lowest of the low trying to make us believe what is not right. We have renamed them 'Rottweillers' instead of Rossendales!!
I will take the action you have recommended tomorrow and go from there. I will let you know what happens. I feel much more able to cope with this now. I cant thank you enough. They have definately not entered my house and he admitted on the phone that they had no signed walking possession so I think you are right about the bluff. Thank you, thank you, thank you. xx

[kesprg]

Re: Baillif advice needed urgently PLEASE

Hi Im back again.

I just wanted to ask some more advice and update you to where I have got to with the Rossendales issues. I followed you previous advice and sent an SAR to Rossendales and also a letter asking if I could set up a payment plan to repay this debt as I hadnt been given one in the first place. I received a reply to the letter basically saying there was nothing they could do as the case was now in the hands of their Van Baillif and I had to deal with him. Having already spoken to him originally I knew he wasnt about to help me. The best he could do was give me til the 31st July to pay the full amount which is impossible for me at the moment. He did suggest that I should borrow the money from my employer but I am leaving my current job this friday and starting a new one on 3rd August so I dont feel able to do this.
I then received another letter a day later saying Rossendales had received my complaint and would endeavour to answer within 10 days.
That was on thursday last week.
I then got home today to find a hand posted letter through my door saying that they had called with a van to collect my goods and that I had 24 hours to phone him and make full payment or he would be back to take my goods with no further warnings. Obviously panic struck again.
I just need to know:

Although Rossendales have not been in my house for this debt, they did come in for a previous debt that was a lot smaller 2 years ago. It was council tax again and they did a walking possesion for that debt. However, I cleared that debt in full and it was closed. Does this affect their right to come in to my house this time being as they have been previously even if it was for a different debt. I am determined to never get in this situation again and my current council tax is up to date. The debt they are chasing is last years council tax. I am willing to pay, as I said before, just cant do it all at once.
Also, I am keeping doors and windows to the house firmly locked and I have a lock on my back gate and shed. Can they climb the gate and break into the shed. The goods in there are my sons working tools as he is an apprentice carpenter and they cost him a lot of money. He is only 18 and could not afford to replace them.
Also, I get the impression that the original baillif that came round has told Rossendales he did come in my house this time which he most definately did not. There is no walking possesion order and he has admitted that. How do I stand if it comes to his word against mine that he has been in my house?
I hope you can put my mind at rest on these matters. I just dont want to step out of line with them and quote something that is wrong.

Thanking you in advance

[kesprg]

Re: Baillif advice needed urgently PLEASE

Hi Im back again.

I just wanted to ask some more advice and update you to where I have got to with the Rossendales issues. I followed you previous advice and sent an SAR to Rossendales and also a letter asking if I could set up a payment plan to repay this debt as I hadnt been given one in the first place. I received a reply to the letter basically saying there was nothing they could do as the case was now in the hands of their Van Baillif and I had to deal with him. Having already spoken to him originally I knew he wasnt about to help me. The best he could do was give me til the 31st July to pay the full amount which is impossible for me at the moment. He did suggest that I should borrow the money from my employer but I am leaving my current job this friday and starting a new one on 3rd August so I dont feel able to do this.
I then received another letter a day later saying Rossendales had received my complaint and would endeavour to answer within 10 days.
That was on thursday last week.
I then got home today to find a hand posted letter through my door saying that they had called with a van to collect my goods and that I had 24 hours to phone him and make full payment or he would be back to take my goods with no further warnings. Obviously panic struck again.
I just need to know:

Although Rossendales have not been in my house for this debt, they did come in for a previous debt that was a lot smaller 2 years ago. It was council tax again and they did a walking possesion for that debt. However, I cleared that debt in full and it was closed. Does this affect their right to come in to my house this time being as they have been previously even if it was for a different debt. I am determined to never get in this situation again and my current council tax is up to date. The debt they are chasing is last years council tax. I am willing to pay, as I said before, just cant do it all at once.
Also, I am keeping doors and windows to the house firmly locked and I have a lock on my back gate and shed. Can they climb the gate and break into the shed. The goods in there are my sons working tools as he is an apprentice carpenter and they cost him a lot of money. He is only 18 and could not afford to replace them.
Also, I get the impression that the original baillif that came round has told Rossendales he did come in my house this time which he most definately did not. There is no walking possesion order and he has admitted that. How do I stand if it comes to his word against mine that he has been in my house?
I hope you can put my mind at rest on these matters. I just dont want to step out of line with them and get into trouble.

[Amy]

Re: Baillif advice needed urgently PLEASE

A Walking Possession only relates to the particular detailed debt, so it doesn't matter if you let them in 2 years ago.

Outhouses, sheds and cars on drives are easy targets for bailiffs and so should be locked away or moved.

[kesprg]

Re: Baillif advice needed urgently PLEASE

Hi Amy
Thanks for your reply. Sorry to be a nuisance but Im desperatley trying to keep on top of all this. So if my shed is padlocked does the same rule apply that they cant break into it?
I cant move it as it is a 6ft by 10ft shed full of my sons tools and gardening equipment.
I dont have a car so Im not worried about that.

[Amy]

Re: Baillif advice needed urgently PLEASE

You're not a nuisance. It's good to ask questions.

If your shed is padlocked then yes, the same rule does apply - they cannot break into it.

[kesprg]

Re: Baillif advice needed urgently PLEASE

Thanks Amy. Your help in this matter is much appreciated. I will see where this goes from here and come back to you if Im not sure about anything.

Thank you so much. x

[Amy]

Re: Baillif advice needed urgently PLEASE

You are more than welcome xx

[kesprg]

Rossendales

Hi All

I wrote to you on here last August saying that I had been served a Notice of intent to take my possesions from Rossendales for unpaid Council Tax. I had been paying them fortnightly but missed a payment as they were asking for too much and I was struggling to find it. Anyway you gave me great advice that because they had not entered my house and done a Walking Possesion Order they couldnt break in to get my possesions unless I let them in. I sent off for a SAR, again as advised by you. Miraculously my charges suddenly went right down to what they had asked for on the notes through the door.
They still insisted that they would come and remove my chattels even though they had no possesion order and would not consider any repayment plan at all. I kept the house shut up all the time in case. I received a couple of phone calls from their number but they just rang once and hung up before I could even answer. They left no msg. I have had no letters or visits from them since August of last year.
However, today my partner who has been made redundent, was in my house while I was at work and a baillif turned up with a large white van. He didnt answer the door. The baillif peered through the windows and looked over the back gate which is locked and then put a note throught the door saying if not paid in full in 24 hours he would be back to remove my goods even if I was not in. He has highlighted these words in pink along with the word Magistrate and Distress Warrant and also highlighted that no arrangements could be made and that no contact would be taken as refusal to pay.
In biro he has then written £1,345.00 which he has crossed out and written above it £1,285.00.
I went on to the Rossendales website as I have been gradually trying to pay off this bill recently to get rid of them. My account on there stands at exactly £1,000.00 so can he charge me this extra £245.00 just for coming out today with a van? If he can, it makes a mockery of what I have paid (nearly £500) as I am almost back where I started.
Also, my partners car was on the drive. He does not live with me but spends a lot of time here. Can the baillifs clamp his car if it is on my drive, and my son has a car as well which is on the drive when he is not at work. Can they take that. I am trying to get this bill paid off but cannot afford to pay it outright as I only work 30 hours a week because of the children and have all my other bills to pay so I dont get into this mess again. I would be grateful for your advice please

[Amy]

Re: Rossendales

Is this your other thread? Baillif advice needed urgently PLEASE - Legal Beagles

Have you send Rossendales a Subject Access Request?

As for the van, you might find this thread interesting, in particular post #5 Rossendales Bailiff - Legal Beagles

Rossendales, in particular, are well known for bumping up their fees. To add a van fee when there is no valid and signed walking possession order is fraud.

[kesprg]

Re: Rossendales

Hi Amy

Thanks for the reply. Yes that is my original thread. Yes I did send a SAR last year and they replied but there were a lot of claims in it that they had sent letters and made phone calls which I never received. As I said earlier, they have rung a couple of times but they seem to just let it connect and then hang up. I dont know if that is just so it is recorded that they have dialled my number or what. They never leave a message. I have never received any of the letters that they claim they sent. This is wierd because I received the SAR so I know they have my right address and nobody else picks up my mail.
I want to clear this debt and am doing my best but I begrudge paying all the add ons as its like taking one step forward and 2 back. They definately have no walking possesion order as I have never even spoken to them face to face.
I read the link above which is interesting. As I said earlier, when I sent off for the SAR my charges (which I keep an eye on on their website) were dramatically reduced all of a sudden. I just didnt know whether he could charge for a van he has come round with.
Is there anything I can do about this. I have printed off my account details from Rossendales website showing that I have paid £500 and that I owe exactly £1000.00 before they decide to change it and I have no proof. What do I do now? Do I just keep paying them online as I have been doing? I wont phone them as you say not to and I definately wont let them in. Also, what about the cars of my partner and son on my drive?
Also, I vaguely remember reading something on here before about them charging 80p every time I pay by card. Are they allowed to do this? I know its only 80p but it all mounts up over time. Your views would be much appreciated. Many thanks for taking the time to read this. xx