• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Help for my Mum with Rundles.

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Help for my Mum with Rundles.

    My mum has only just found out within the last few months she has council tax arrears from two of her previous addresses in Bracknell.


    Her ex partner did not pay the bill, which she didn’t realise.

    She remarried, gave up her council property and moved in with her new husband this year.

    My mum doesn’t work as she has a numerous physical and mental health issues, namely clinical depression, therefore husband supports her financially.

    The marriage has not been going well despite her best efforts, since she gave up her own home, he is constantly threatening her with homelessness and has stopped paying the council tax debt off to Rundles which he set up himself and agreed to pay £100 per month. What’s annoying is while she had her own property in Bracknell, the only reason she had the second lot of council tax and rent arrears is because she was a foster carer and only incurred these arrears as the social services (from the same local authority) took months to collect the foster child’s belongings and she didn’t have the heart to get rid of them.

    Today, once again, her husband told her to go, so she has come over to me. Whilst packing, a bailiff knocked the door to hand deliver a letter stating that he will return within 48 hours with transport and police to remove her goods.

    She has NOTHING that belongs to her of any worth when the bailiff comes back. She gave away all of her possessions when she moved into her husband’s home as he already had everything, and since he has kicked her out, she won’t be there anyway.

    A few questions I’d like some advice on please:

    Now she is staying with me and has no income (until she claims jobseeker’s allowance or sickness benefit) how can they possibly ask her to pay when she has absolutely nothing? Her husband gave her the train fare to get here and she has just pounds in change, nothing more.

    Will her husband (as they are married) be made responsible for this debt i.e. remove his property to cover the debt. My mum feels this is unfair on him, it’s his possessions and he relies on his car for his businesses. . My mum is worried sick about this. Any help would be most appreciated. Thank you.
    Tags: None

  • #2
    Re: Help for my Mum with Rundles.

    Rundles behaving like numpties, as usual. Firstly, you mum is classed as vulnerable, as defined by the MoJ's National Standards for Enforcement Agents. Rundles should inform the local authority involved of this. Secondly, Rundles cannot seize goods that belong to third parties. If they do, they commit and offence or a number of offences under the Criminal Law. The police will not get involved with certificated bailiffs unless there is a genuine risk of violence. As this is unlikely, it is doubtful the police will get involved. I would be very surprised if they did.
    Life is a journey on which we all travel, sometimes together, but never alone.

    Comment


    • #3
      Re: Help for my Mum with Rundles.

      Should I tell them she's staying here with me? Should I try to negotiate with Rundles for her? At the moment she has no money to negotiate with to be honest. I could pay a small amount weekly for her, until she could get some income, she's had dealings with bailiffs once before, and it's left her terrified. She paid off the first lot that she owed from an ex partner, and then they come up with a second lot. £584, but it might as well be a million to her

      Comment


      • #4
        Re: Help for my Mum with Rundles.

        Hi Bex,

        The bailiffs are highly unlikely to return in the next 48 hours, and they certainly can't remove goods if they have not already gained entry, which by the sounds of things they haven't.

        Have a read of the link below, and please come back with any questions you may have.

        http://www.legalbeagles.info/forums/...67-Council-Tax

        In the meantime, get your Mum to phone the council and ask them:

        1. How many Liability Orders they have against you?
        2. The dates they were obtained?
        3. The addresses they were for?
        4. The period of time each covers?
        5. How much each one was for?
        6. How much is still outstanding?
        7. The dates they were passed on for enforcement?

        Also tell the council at the same time that your Mum is classed as vulnerable - ask if they will recall the debt from the bailiffs to the council, but don't be surprised if they say no.

        Equally, don't be surprised if they say you HAVE to deal with the bailiffs. This is totally untrue. With Council Tax you don't have to have anything at all to do with the bailiffs as long as you don't allow them access to your property (they can walk through an unlocked door, or climb through an open window). If your Mum has a car, get her to move it a few streets away so the bailiffs cannot levy on that.

        Once you have answers to the questions above, post up and we'll sort out the next steps, but don't worry. I know this is easy to say,but I've been in the position your Mum is in with bailiffs asking for money I simply haven't got. I survived and so will your Mum!

        Comment


        • #5
          Re: Help for my Mum with Rundles.

          Thank you so much! I'll phone the council for her tomorrow and get the information and post back I think the thing she is most frightened about is that they said she could be arrested and go to prison, she would not handle prison! She's never broken the law in her life plus it does seem rather extreme to me, I suppose it's their scare tactics, but when she says she'd rather go to prison and save everyone the hassle it breaks my heart, she's so soft she actually would! :/

          Comment


          • #6
            Re: Help for my Mum with Rundles.

            What you have highlighted in your last post is totally untrue. Your mum cannot be arrested and sent to prison. Although local authorities can apply to a magistrates court for a committal order, this is mainly reserved for those who won't pay rather than those who can't pay.

            As well as following Labman's advice, I would be inclined to make a formal written complaint to the local authority involved against Rundles, citing their breach of the National Standards, which both the local authority and Rundles have signed and agreed to abide by. The local press might be interested in hearing about a local council and their bully-boy bailiffs threatening and harassing an elderly woman with physical and mental health issues. That would show the local authority involved in a very bad light indeed. And Rundles could get it in the neck from the local authority. A lot of public debt contracts normally contain a clause stipulating that contractors must not act in a manner, whilst acting for the government department/local authority, that brings the government department/local authority into disrepute or exposes it to litigation or other legal action.

            I am attaching a copy of the National Standards, as well as a copy of the applicable legislation for Council Tax.
            Attached Files
            Life is a journey on which we all travel, sometimes together, but never alone.

            Comment


            • #7
              Re: Help for my Mum with Rundles.

              Things are going from bad to worse! My mum is still staying with me, but her husband did pay £100 today to give my mum a bit of time to sort things out. When her husband talked to the bailiff he was told, for him hand delivering the letter incurred a fee which was added to her bill, an extra £150 for this!!

              Not long after he had made this payment, the bailiff phoned my mum, threatened her for the full amount, she explained to him that she was no longer living at her husbands, and her husband had made this payment as a good will gesture, he still threatened to take his property, then asked her where I lived so he could come and seize my property! I told him he didn't have the right to do this and put the phone down on him.

              Just going to phone the council now to get the requested details, many thanks!

              Comment


              • #8
                Re: Help for my Mum with Rundles.

                Please try & avoid speaking to Mr Numpty on the phone unless you can record the call, they are inbred with selective memories when it comes to recall. I wouldn't believe a word of what he says as Bailiffs exist to lie, cheat, bully & intimidate. You need to this in stages.

                1 - You need to speak to someone at the Council and ask the following questions:
                1 - how many Liability Orders they have against you
                2 - the dates they were obtained
                3 - the addresses they were for
                4 - the period of time each covers
                5 - how much each one was for
                6 - how much is still outstanding
                7 - the dates they were passed on for enforcement
                8 - the dates & amounts of any payments

                2 - Send off to the Bailiffs for a breakdown of the charges they are applying, use Letter 1 from http://www.legalbeagles.info/forums/...Useful-Letters and send initially by email followed by a copy in the post.

                Comment


                • #9
                  Re: Help for my Mum with Rundles.

                  Ok

                  1. How many Liability Orders they have against you? 1
                  2. The dates they were obtained? 4th September 2009
                  3. The addresses they were for? 73 B########, Bracknell
                  4. The period of time each covers? Financial year 2008-2009
                  5. How much each one was for? 394.04
                  6. How much is still outstanding? 394.04
                  7. The dates they were passed on for enforcement? 22 August 2012

                  My mum's husband has paid off £250 (£150 today) so far, the total on the bailiff's letter yesterday said the amount was now £584.04, plus his fees which I guess. I'm waiting for Mr. B to call me back to break down his charges as it's unclear!

                  Comment


                  • #10
                    Re: Help for my Mum with Rundles.

                    The council did say they would put a bar on my mum's account for 5 days, until she could talk to her manager, she is going to phone me back Monday.

                    Comment


                    • #11
                      Re: Help for my Mum with Rundles.

                      If the Bailiff is ringing back with his fees I would be very dubious over them, best done as advised above. If he has only made the 2 visits and not been able to levy on any goods then the maximum he can charge is £42-50. Methinks he is telling pokies.

                      Comment


                      • #12
                        Re: Help for my Mum with Rundles.

                        The bailiff has only made one visit and he did not gain entry, so hasn't levied any goods. No phone call as yet from him. Will see what the council says Monday and they refer her back to Rundles I will send off the letter.

                        Comment


                        • #13
                          Re: Help for my Mum with Rundles.

                          If he has only made the one visit then all he can charge is £24-50 assuming no levy was made on any goods.

                          Comment


                          • #14
                            Re: Help for my Mum with Rundles.

                            How does Mr Numpty the Bailiff get fees of £190? Either he needs to change the batteries in his calculator, get a new one, or start looking for another job. That sort of overcharging is, IMHO, sufficient to bring into question his fitness to act as a bailiff.
                            Life is a journey on which we all travel, sometimes together, but never alone.

                            Comment


                            • #15
                              Re: Help for my Mum with Rundles.

                              Well, no phone call back as of yet. (Surprisingly!) I'm trying to work out how all these fees were added after just one missed payment? I would like to thank you all so much for your help and advice :hug:, it was so useful to read the above posts, quote them to the council and read out the list of questions to ask.

                              Comment

                              View our Terms and Conditions

                              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                              Working...
                              X