Rossendales Bailiff Removal please help

[Nicola101]

I am a single Mum who works on a very low income and recieves a small amount of Council Tax benefit, I have fallen behind with my Council Tax and had the Baillif round about 4 weeks ago I let him in and signed the walk in possesion order, he gave me some paperwork to fill in to offer repayments which I did and sent off I first got a letter saying they wanted £150 per month impossible, as I had offered £25.00 per week and then another letter the day later asking me to send off my wage slips etc, which I did, I have today had the Bailliff round saying he is going to remove goods on Monday unless I can pay in full which I can't, I have tried to call the council to recall the debt but they refused, can he only take the goods on the walk in possesion order ? these won't even cover half the debt, he has said he is going to get a van Monday but then has asked me to call him ?? Please help I am so worried x

[outlawlgo]

Re: Rossendales Bailiff Removal please help

Rossendales are asking for an unrealistic amount knowing you will not be able to afford the payments, so he can hike up his fees and most probably try to charge £110 for a van fee.

You do not have to deal with the bailiffs. I would pay the council direct, no doubt they will tell you that you can't pay the council now the debt is with Rossendales, this is rubbish. They have to accept payment. Insist they accept, or pay direct through internet banking if that is an option.

I would ignore all threats from Rossendales, do not speak to them in person or on the phone. Do not let them into your property. They will threaten you with a custodial sentence etc. etc. This is bluff.

Remember the council are lying when they say they will not accept payment.

P.S. The last thing the bailiffs want to get involved in is taking your goods, especially when you say they won't even cover half the debt.

[Amy]

Re: Rossendales Bailiff Removal please help

What goods have been levied on? How much actual council tax do you owe and how much do Rossendales say you owe?

If the goods levied do not cover the amount of the debt then this bailiff should return it immediately to the council as Nulla Bona, which literally means no goods or no effects. The bailiff cannot collect on money that is not there to be collected and it is not an offence to be unable to pay your council tax.

However, the bailiff will be reluctant to return the debt as he will forego fees; fees, which it should be noted, he is not entitled to claim because collecting unpaid council tax according to statute is non profitable - he is merely entitled to collect the unpaid tax and to cover his costs.

The last point to note is that you are a potential 'vulnerable person' as detailed in the National Standards for Enforcement Agents and you should make your council aware of their duties to help you and insist they call the bailiff off.

Have a read here Bailiff Guide - Legal Beagles Consumer Forum and if anything is unclear, come back and ask.

[Nicola101]

Re: Rossendales Bailiff Removal please help

I called the Bailliff as he requested today and told him that there was no way that I could pay the amount in full, He it would probably be next Tuesday now when he can get a van and to call him Tuesday Morning and he will let me know a time, is he bluffing to se if I can find the funds ??

The original debt was around £500 it is now £774 I take it the rest is the Baillifs charges, I have called the council again to no avail,

The only goods levied on were as follows

1 X Box
5 x X Box Games
1 x 2 seater sofa
1 x Stereo
1 x DVD Player
1 x Tv ( which is from the Ark and would be lucky to fetch £10.00 )

Can he take anything else or just what is on the Levy ?? and if he can only take the above so surely the above will go no way towards paying the balance ???

Any advice would be gratefully received x

[Amy]

Re: Rossendales Bailiff Removal please help

You need to stop calling the council and write to them using the information I gave you in post #3. You need to demand, not ask, that they recall this debt.

Have you read the bailiff guide yet? If not you need to and you should also send a Subject Access Request to Rossendales which will give you a breakdown of the fess they have charged you.

[Nicola101]

Re: Rossendales Bailiff Removal please help

Hi Amy have read the Bailiff guide thankyou, I will today write a letter to the Council and also Rossendales x

[Amy]

Re: Rossendales Bailiff Removal please help

Excellent, if you need any help with it, just post up a draft xx

[Nicola101]

Re: Rossendales Bailiff Removal please help

Just an update guys, the Baillif arrived On Thursday with white van (he was on his own so goodness knows how he was going to get a sofa in there on his own), he came in looked round the house went upstairs and then announced that there was nothing that would clear the debt and accepted the payment offer I had made him weeks earlier, so if you are in the same situation I was try not to worry it is indeed all intimidation and bluff x