Help please with Rossendales

[Garethm1976]

Hi there everyone, I am in real diar need of some help and advice.
Last month we had a visit from Rossendales Bailiffs regarding unpaid council tax of £202 from last year, he said if we let him in we could arrange a payment plan with him, so we let him in (God how I regret that now), anyhow he sat there chatting away, writing things down, we said we could make a payment of £25 a month (due to me being on employment support allowance, severe depression and anexiety, and unemployed.) He told us to pay it online, or by the paying in slips provided and asked to sign a form (he didnt tell us what this was, we signed it under the assumption that it was the agreement. (Now I know it was a walking possestion order) until we heard otherwise.
We made a payment online in June, which I printed off, but in July when we tried to pay the account online again, we were unable to do so, as it said it had been passed to the final collection bailiff and to contact him.
We did so advising hime that we had an arrangement to pay, he said there was no arangement set up on the account, and he was coming to take the goods and there was nothing we could do about it, I rangRossendales imediately and told them the situation, and was advised I could make a complaint to them regarding what we had been told.
I sent this on Friday via special delivery with offer of payment £25 per month as well as an income and outgoings form, last night at 8:55pm I got a call from the final collector bailiff telling me they have spoke to the first bailiff and he denies setting up an arrangement and that he will be coming to take my goods and can break into the house to recover them as we had signed the walking possetion order.
I am now at my wits end, I didn't sleep at all last night with worry, I tried ringing the council this morning and all they said was that the bailiff had 2 options recover the goods or send it back to them, but there is nothing they can do, they did say I can make payments to them and they would advise the Rossendales that the payments had been made.
Please can someone advise me of where I stand, can the bailiff break into my house ? I now feel there is no hope, and feel worse than I have ever done.

Thank you and I look forward to hearing from you soon.

[Guest]

Re: Help please with Rossendales

As the bailiff has deceived you, pay the council directly and in addition, make a complaint directly to the council regarding the bailiff's conduct in this matter.

The council are lying to you, there is something they can do because they instruct the bailiff and they can instruct him to cease any collection activity. Which council is it?

[Garethm1976]

Re: Help please with Rossendales

Hi there Cetelco,

Just an update I went to the council offices to pay £202 which is what I owe them directly, after a lot of fussing around and messing, I got told they can take the payment but there will be the matter of the bailiffs fees, which I got told were 4 visits fee, walking posesstion fee, van collecting fee and a waiting period fee WTF !!!!

I am now going to try and make a compalaint to the council excutives office about the conduct of the bailiffs, but I very much doubt anything will happen.

Again the council are unwilling to take this off the bailiffs even though I have paid the ammount I owe the council direct to the town hall.


Just so you are aware it is Bury MBC Council and Rossendales Bailiffs, who are based 4/5 mile away from my house.

Thank you again and I am sorry if things are not spelt correctly or seem a jumble I am really struggling to think type and read.

[Amy]

Re: Help please with Rossendales

I got told they can take the payment but there will be the matter of the bailiffs fees, which I got told were 4 visits fee, walking posesstion fee, van collecting fee and a waiting period fee WTF !!!!

They are wrong, as always. Councils do not seem to understand law very well, if at all. It is not a matter of choice, a bailiff can only charge for a maximum of two visits. He can make as many visits as he likes, but he will only be paid for two of them.

Waiting period is also not provided for in the legislation. How much is the walking possession fee? Do you know what dates they have applied these fees?

I am now going to try and make a compalaint to the council excutives office about the conduct of the bailiffs, but I very much doubt anything will happen.

It will if you keep at it and don't give up. They will fob you off, so you will need to keep on.

Again the council are unwilling to take this off the bailiffs even though I have paid the ammount I owe the council direct to the town hall.

Morons. Again, goes to show, they have no clue.

If you need any help with the letter, post up a draft and we can check it for you.

[Garethm1976]

Re: Help please with Rossendales

Hi everyone,

Well just an update I paid the council £200 on wednesday, today Friday 16/07/2010 we had a phone call from the Van Collector stating to ring him back and that he will be coming to collect the goods.
I rang the council and they say as the debt has now been settled with them, there are still the "bailiffs" fees to pay and that they can still enforce the walking possestion agreement for their fees which are still outstanding, where do I now stand now?

We have just contacted the Van collector and we told him that we had paid £200 to council he said he can still come in as there were still £200 of outstanding debt to them (their fees) we stated as the we had cleared the councils debt there fees would be a civil matter, he said no as he now has a warrant he can come in and recover them we also stated that I am a vunerable person and he stated that he will be here at 2.30 this afternoon to collect goods, as the coucil tax needs to be paid, again we stated that I was a vunerable person unemployed, suffering from anxiety and depression and he said that the ciuncil tax still needs to be paid and he will be here at 2.30 and hung up.

Please can someone help I am at my wits end and cannot cope anymore.

[Amy]

Re: Help please with Rossendales

Tell the bailiff you are happy to pay the legitimate fees, but not the fictitious fees and suggest to him that he should provide you with a breakdown of what is being charged.

[exbailiff]

Re: Help please with Rossendales

As Amy says, state that you are happy to pay the legitimate fees, these should be Attendance Fee (only 2 can be charged, a first attendance and second attendance), Distress/Levy Fee, Walking Possession Fee, and Van Fee (Also known as Attendance to Remove Fee). There is no allowance for Waiting Fee on council tax recovery.

These charges are laid down by law and are known as Schedule 5, they should be on the back of the walking possession/seizure notice. If in doubt contact the county court and say that you feel that a bailiff is charging fees other than in accordance with schedule 5, also tell the bailiff and bailiff company this. It is also worth mentioning this to the council.

Most bailiffs work using scare tactics and outright bluffing, because the average joe public knows nothing about bailiff law, but in all honesty, a lot of bailiffs know much more.

Agree to pay what is owed and not a penny more! If in doubt threaten a form 4 complaint!

Ask for a written breakdown and ask