Rossendales and Council Tax

[bulldog 99]

Ive already read the sticky on Council tax issues, but still have questions I hope someone can help with.
I received a hand delivered letter from Rossendales re £1800 unpaid council tax testerday.
The story so far:
We do owe the council tax for 2011 (£1800) and the current year (£1850).
in June, Rossendales demanded £400 per month to settle the 2011 claim - we said we couldn't afford it but we could pay £100 per month.(which we have paid)
They said the couldn't agree to our proposal without proof of income and gave us 7 days on 15th August to send them proof. We sent it same day via first class post.I have spoken to them today and they say they havent received it and have passed the file to the head bailiff for action.I have now scanned the documents over to them. but they have told me to deal only with the bailiff.
I then spoke to the council and asked them to take the debt back which they refused. I got the name of the person I was talking to and asked if she was refusing a reasonable offer of payment. She said she couldnt stop me making payments direct to them but that the debt must remain with Rossendales "because there are fees attached". I told her I would pay the fees but she wouldn't budge.
I have also spoken to the bailiff who would not listen to reason and says he is coming at 10.00 am on Monday to remove goods.
I know this is a bluff and I will not give him access.
My problem is that there is a car and trailer parked on my drive which belong to my son, who has the same name as me. How can I stop them being levied on?
Can I go to court and appeal this action?

[bluebottle]

Re: Rossendales and Council Tax

Hi Bulldog and welcome to Legal Beagles.

The muppet at your local council is telling you porkies. A council CAN take it back from bailiffs. With regard to your son's car and trailer, I would strongly advise you to move these to somewhere where the scrotes cannot get their grubby mitts on them.

There is a provision under Regulation 46, Council Tax (Administration and Enforcement) Regulations 1992 (as amended) which enables a CT debtor to have a local authority summonsed to appear in front of the magistrates court that issued the original Liability Order (LO) and explain their actions. I would strongly advise you to do that through a legal professional as local councils take matters more seriously than if you try to deal with it yourself. Your local Law Centre or Community Legal Service office can provide you with free or very low-cost legal advice/assistance.

Just as a matter of interest, which local council is involved, please?

[pepsie]

Re: Rossendales and Council Tax

Would your son happen to have finance on the car? If the car is registered to him is it registered to your address? a Stat Dec to the effect he is the registered owner and keeper will need to be done..and if he has receipts from a friend/relative to the purchase of car or trailer ...even better.

I have just addressed the way forward to making payments to the Council on an earlier thread and it is a fact as said by BB the Council can take the debt back and they cannot refuse your payments..there is however no law that states you have to deal with a bailiff or indeed even enter into conversation with them????

Pepsie

[bulldog 99]

Re: Rossendales and Council Tax

Thanks for the information. It is extremely helpful.
Is there a formal route to get the council to take back the debt?
Do I just go in and meet them face to face or should I be writing to them?

[bluebottle]

Re: Rossendales and Council Tax

Start making payments directly to the council via their automated payment system or internet banking as recommended by Pepsie. That builds up a payment history and makes it harder for the council to go back to court. Tell the bailiffs you are paying the council directly and make sure you budget for only those bailiff fees that are lawful. The bailiffs will make all sorts of threats, including setting the Kraken on you. As Pepsie has said, you don't have to deal with the bailiffs, not matter what the council says, and you do not even have to speak to them. However, I would tell them you are paying direct to the council, just to be on the safe side. Remember that the bailiff fees come out first.

[bulldog 99]

Re: Rossendales and Council Tax

Brilliant. Thanks Bluebottle.
I will do that today - I have also made an appointment to see a manager in the recoveries section today.
He was a pains to point out that he "wouldn't commit to anything" but he has agreed to meet me which is a start.

[bulldog 99]

Re: Rossendales and Council Tax

Sorted. Thanks to everyone for their help and support.
I met with a guy from the recoveries section of the council today.
I used all of the info gleaned from legal beagles. (Rossendales were liars. Used intimidating tactics. Frightened my wife etc).
After only 10 minutes we had reached agreement.
Pay this years council tax as normal plus £50 per month off last years bill.(rossendales would not accept anything less than £400 per month !!)
We pay direct to council and he will inform Rossendales of the arrangement.
They have not taken the debt back yet but will look at it once they see a track record building up.
So if we dont pay it will be referred back to them.
I am happy enough with that and will be back to see the council in a couple of months.
Remember - I spoke to the council on the phone a couple of times and got nowhere - I asked for an appointment to see the manager - the meeting with him was 'business like' rather than friendly but I have found that people are very brave on the phone (bailiffs being a prime example) and much more willing to strike a deal when you are face to face.
I then rang the bailiff to tell him of the arrangement and he was a completely different bloke to the arse who claimed he was coming to clear my house out today. Scum.

[bluebottle]

Re: Rossendales and Council Tax

Glad to be of assistance, Bulldog. You may wish to make a formal complaint against Rossendales to the OFT Credit Fitness Team, as Rossendales hold an OFT Category F Debt Collection Licence. If you require the necessary details, please post up. The loss of such a licence can do a lot of damage to an OFT-licensed bailiff company.

[labman]

Re: Rossendales and Council Tax

There's some useful letters in the stickies at the bottom. Send the one to the Head of Revenues for starters asking if he condones the actions so far, and asking for the account to be taken back. The answer will alsmost certainly be no, so then go to the Chief Executive of the council pointing out the error of his staffs' ways and the vicarious liability held by the council.