Rossendales and Council tax

[pegleg]

On Monday I had a hand delivered letter through my door from a Rossendales bailiff re a Council Tax debt to Breckland District Council dating back to 2004 that I have always denied. The letter said he would be back at his own convinience. He had left the amount owing blank and indeed had not even knocked on the door as my wife, myself and our 2 year old son were in the house.

I decided to act on this and my wife was on the phone to BDC I was on to the CAB who gave me some advice and an apointment on 30th July.On their advice I rung the bailiff in question and asked him for 2 things firstly could we come to some arrangement for paying? No was the answer he wanted £330 or he would be back to seize goods. 2nd I asked for a 28 day hold on the case while I took advice (this was what CAB told me to say)? No he wanted it all by next Monday when he would be next in the area.

Neither BDC or Rossendales will listen to our arguments and both say we should contact the other to discuss the matter.

I decided to have a check on the internet after we panicked about how we would get that kind of money together. I am disabled and we are on benefit! As I looked round I found the CCCS site. They were very helpful and gave me good advice of which I have taken. I have written to both BDC and Rossendales detailing what I will do and that I will pay £10 a month as a good will gesture till matter is resolved, I have still not admited liablity. I also stated that I believed this to be a fair offer of payment.

As I had this letter to go today (Wednesday) Tuesday was spent writing letters and getting things right. I also found that I could complain about the lack of a figure of what I owed on the hand delivered letter. This I did to both BDC and Rossendales detailing the facts and also attatching the letter and informing them that a hard copy was to follow. These were sent very late Tuesday night, hard copys and £10 postal order sent today (Wednesday).

Wednesday afternoon I received an email from Rossendales appologising for this and saying I only owe £173.69. I do wonder what Mr Bailiff does with the extra cash that some people would pay him. Through my findings on the internet I have found that I do not have to let him in and indeed can wilfully refuse. Which I intend to do and have told both parties this.

I have also told them I come under their vunerable category and that their bailiff when spoken to did not offer a payment plan as it said he would on Rossendales own website under their FAQ's.

I have no plans to let said company in my house and will be happy if it goes back to the council and indeed to court when they will not receive as much as I am currently offering.

What I am really asking after my long tale is in the email Rossendales are asking for proof of my disablilty, what do that want a photo (I only have 1 leg)? They also want my financial situation and proof that the car I have told them not to touch is a Motability Car. Do I send them this? Any advice would be much appriciated.

I appologise for both going on and the bad spelling.

[CleverClogs]

Re: Rossendales and Council tax

No, you do not need to provide them proof of your financial situation, as such should have been demanded by (and supplied to) the court when the Liability Order was given.

As for your receiving DLA, all they'd need to do is to look at the vehicle tax disc whereupon they'd see you'd paid nowt for it; whilst that does not prove the motor car was leased from Motability (spit) it does shew that you would be classed as a "vulnerable person" and therefore should be treated accordingly.

[Amy]

Re: Rossendales and Council tax

What are the circumstances surrounding this? Why do you believe that you don't owe this money, were you not living at the address at the time?

You don't have to provide any financial details to the bailiff. However, if you agree you owe this CT and are going to make an arrangement to pay, it would be better to send them proof of your disability just to keep them off your backs, I would have thought.

When proving who owns or doesn't own property with regard to dealing with bailiffs, the onus is on the debtor to prove the ownership of the property, it is not up to the bailiff to do this. So unless your car has "motability" plastered over the side of it, you need to provide proof as to who owns it.

[pegleg]

Re: Rossendales and Council tax

I have added today's correspondence to my post from Rossendales and my reply I wonder if anyone could just look upon this. Thanks


Thank you for your email.



We will agree to extend the hold period for a further two days until 1st July 2011.



The balance provided by the Bailiff may include fees that could be incurred if further attendance occurs.



If we have not received the requested information prior to the expiry of the hold period, the Bailiff will reattend the property and as previously advised further fees may be incurred.



Proof of benefits may be supplied by way of copies of the award letter or a copy bank statement, please ensure that you include at least a full months

worth of transactions.



We cannot assess if your offer of payment is reasonable until we have received a full financial statement detailing all household expenditure along with the proof of income/benefits already requested.



I note your comments regarding information on our website regarding Bailiff attendance. I must point out that following the initial visit by the First Call Bailiff to your grandparents address on 22nd February 2011, we received an email from you on 27th February 2011, stating you did not live at the address provided by the Local Authority and to stop sending letters to this address, you also disputed the debt. A reply was sent advising you we required an up date address in order for us to up date our records. We also advised you that any dispute would need to be directed to the Local Authority. You refused to provide your current address and subsequently a trace was actioned to locate your current address. If you had co operated initially with us and the First Call Bailiff, the Enforcement Bailiff would not have been allocated to the case. Once an Enforcement Bailiff is attending to the case the option to pay by instalments is withdrawn.



Yours sincerely


In reply to that this was my response




Thank you for your response and thank you for agreeing to put a hold on until 1/7/11. Firstly I would like to point out to you that your bailiff has no right to levy any extra charges other than the following £24.50 for the first visit and £18 for the second, any further charges are not allowed by law, I have checked into this matter extensively so please stop trying to lie to me and make up false charges when in law they are not allowed.

The initial visit was to the wrong address. I would not provide you with correct details as it is your responsibility to find me, as I disputed and still do dispute the debt, and have taken the matter up with Breckland District Council who have told me to deal with yourselves.

I will provide you with bank statements as proof of benefit and the hire agreement with Motability Finance, however as I am aware that as long as I have made fair offer of payment you have no legal basis to refuse this. Is proof of my DLA payments enough proof of my disability?

On your site you clearly states in your FAQ section "A bailiff may levy and remove property that is outside your premises such as a vehicle. However, a bailiff would rather set up a reasonable payment plan with you than remove your goods. Please talk to the bailiff." Nowhere there does it state that a bailiff cannot set up a reasonable payment plan once he has called. Now as you say yourselves he has never visited the correct property indeed you contradict your own website with the response you have provided, because if a bailiff had not attended then I wouldn't be able contact the bailiff till that point anyway and your website does not distinguish the difference in types of bailiff. Also my grandmother did not know who you were or what you where so I presume no ID was shown and therefore that call becomes illegal and null and void.

As I have stated before there is no current WPO on me at my current address as I have not let your bailiff peaceful access into my home and intend not to do so or sign any WPO, therefore I suggest you return the debt to Breckland District Council. However I will continue to send the information you require just to satisfy you until you decide to return the debt to Breckland.

Many thanks for your continued cooperation in this matter.

Mr C. Harrison

I am sick of their bullying tactics and having looked round this site and others I see they try it all over the place.

[CleverClogs]

Re: Rossendales and Council tax

The initial visit was to the wrong address. I would not provide you with correct details as it is your responsibility to find me, as I disputed and still do dispute the debt, and have taken the matter up with Breckland District Council who have told me to deal with yourselves.

NFN. :laugh:

Does the council still have - link - a part-time CEO?

[pegleg]

Re: Rossendales and Council tax

I'm not sure I don't live in that area anymore.

[pegleg]

Re: Rossendales and Council tax

What are the circumstances surrounding this? Why do you believe that you don't owe this money, were you not living at the address at the time?

We moved out of the property, and were up to date with council tax. The problem is it relates to 2004-2005 and as I have moved a couple of times since then I have no proof.

If the debt goes back to the council I would be prepard to pay it off at £10 pm just to get it to go away.
------------------------------- merged -------------------------------
thanks that is what I thought. In Which case I will dig out just the letters that prove am in receipt of benefits and not my bank statement.

[Swingletree]

Re: Rossendales and Council tax

I still don't follow the 'thinking' in this thread?

Why are you dealing with the Bailiffs? The debt is with the Council, it is not bought from the Council by the Bailiffs. You have worked out the Bailiffs have their own way of doing things.

I would be trying, very hard, to work with the Council on this debt. Plead with the Principal Revenues Officer (not the call centre operator) what you are prepared to do. Ask for an account hold, which should halt the Bailiffs action, Set up a payment plan with the Council and stick with it.

Lastly, under no circumstances would I be willing to show any personal financial documents to Bailiffs.

[pegleg]

Re: Rossendales and Council tax

I still don't follow the 'thinking' in this thread?

Why are you dealing with the Bailiffs? The debt is with the Council, it is not bought from the Council by the Bailiffs. You have worked out the Bailiffs have their own way of doing things.

I would be trying, very hard, to work with the Council on this debt. Plead with the Principal Revenues Officer (not the call centre operator) what you are prepared to do. Ask for an account hold, which should halt the Bailiffs action, Set up a payment plan with the Council and stick with it.

Lastly, under no circumstances would I be willing to show any personal financial documents to Bailiffs.

I have gatherd that now. The council will not deal with us they say to deal with Rossendales, and Rossendales say deal with the council. I have sent letters to both so hope that the council may take some notice.

Would advice be the £10 I have sent as as a good will gesture write that off and stop dealing with Rossendales and start dealing direct with the council?

The tactics that Rossendales use are a disgrace and feel for anyone who just opens the door and doesn't know their rights. I am so glad I have done my research on the matter.

[CleverClogs]

Re: Rossendales and Council tax

1. Dig a pit or moat in front of the front door.
2. Fill it with water.
3. Stock it with piranha fish.
4. Wait for Rossendales to send someone else.

[Swingletree]

Re: Rossendales and Council tax

Would advice be the £10 I have sent as as a good will gesture write that off and stop dealing with Rossendales and start dealing direct with the council?


The £10 relates to a SAR and may provide a lot of information to you and means the Bailiffs have to do some work for the money. It's money 'well spent'

Bailiffs does understand "......... a good will gesture".

So YES .........."STOP dealing with the bailiffs and START dealing DIRECT with the Council"

[pegleg]

Re: Rossendales and Council tax

Would advice be the £10 I have sent as as a good will gesture write that off and stop dealing with Rossendales and start dealing direct with the council?


The £10 relates to a SAR and may provide a lot of information to you and means the Bailiffs have to do some work for the money. It's money 'well spent'

Bailiffs does understand "......... a good will gesture".

So YES .........."STOP dealing with the bailiffs and START dealing DIRECT with the Council"

Sorry but whats an SAR?

[Amy]

Re: Rossendales and Council tax

pegleg, you have some reading to do Bailiff Guide - Legal Beagles Consumer Forum

[pegleg]

Re: Rossendales and Council tax

Thanks I have read this and it is very useful, I have done a lot of research since Monday and lots of people have been very helpful. At the end of the day I know I'm in the right in what I am doing.

Interestling enough after our last email they have not responded today as they will have also received the hard copy of the letter as will have Breckland District Council. The letter was different to the email I posted here. You never know Breckland may have already today recalled the debt. Hey you can live in hope!

[Amy]

Re: Rossendales and Council tax

Send the SAR as Swingletree has suggested.