HELP PLEASE! Rossendales chasing me and im worried sick!

[dazlia]

Hi there,

A couple of years ago I got way behind with my council tax and recently Rossendales put a letter through my letterbox asking me to contact them. It was a mobile number, so wanting to sort it out I got in touch.

The guy I spoke to was ok to be honest and said he would send me some forms out to complete to list my incomings and outgoings, which I did. This was about 2 months ago!

I offered to pay them £50 per month then rising to £100 a month in May when I get paid as, with all my outgoings etc this was all i could afford.

Since then They wrote back ot me saying i had to pay them £250 per month which I obviously cannot afford. So they are basically bullying me into paying it.

Today I called Wakefield council and was told they could not deal with it and I had to speak to Rossendales. I offered to pay wakefield council directly today and she siad "we can take a payment but the debt will remain with rossendales"!!

So I then called Rossendales and spoke ot a really snotty nosed woman who barked at me and told me it had been "passed to the bailiff" and that I had to call him, again on a mobile number (i havent called him as yet)

I do not know what to do next to be honest and the thought of someone turning up and removing what little personal possessions I have scares me. I have a car on the driveway too which isnt taxed at the minute and I'm worried they could turn up and also take this.

Any suggestions on where i stand please? I just need to know what I should do really as I havent a clue and its worrying me! Seems really unfair that im offering to pay yet I cant get the bailiffs off my back?? Is that right?

Any help would really be appreciated.

Thanks

[bluebottle]

Re: HELP PLEASE! Rossendales chasing me and im worried sick!

Firstly, pay the council directly. There is nothing in law that says you have to deal with a bailiff. Secondly, if Rossendales are attempting to make you pay more than you can realistically afford, that puts them in breach of their Category F Debt Collection Licence issued to them by the OFT. It sounds to me that they are attempting to engineer a default in order to justify visits and levies.

Make it clear to them, preferably, in writing, that you will be making payments directly to the council. Then, if they attend your home, it could be argued they are doing so simply to obtain fees, i.e. the visits are frivolous or vexatious. Make sure you make regular payments to the council. That builds up a payment history and makes it more difficult for the council to engage in any further forms of enforcement.

Do not open the door to any bailiff, you are within your rights to refuse them entry and they know that, but will try and have you believe otherwise, including threatening to force entry with a locksmith or the police, which they cannot do for Council Tax arrears without a court order signed in ink by a judge and, then, only if they have previously gained peaceable entry and obtained a valid and lawful levy. You would be well-advised to move your car to some place where they cannot get their grubby mitts on it.

[dazlia]

Re: HELP PLEASE! Rossendales chasing me and im worried sick!

Firstly, pay the council directly. There is nothing in law that says you have to deal with a bailiff. Secondly, if Rossendales are attempting to make you pay more than you can realistically afford, that puts them in breach of their Category F Debt Collection Licence issued to them by the OFT. It sounds to me that they are attempting to engineer a default in order to justify visits and levies.

Make it clear to them, preferably, in writing, that you will be making payments directly to the council. Then, if they attend your home, it could be argued they are doing so simply to obtain fees, i.e. the visits are frivolous or vexatious. Make sure you make regular payments to the council. That builds up a payment history and makes it more difficult for the council to engage in any further forms of enforcement.

Do not open the door to any bailiff, you are within your rights to refuse them entry and they know that, but will try and have you believe otherwise, including threatening to force entry with a locksmith or the police, which they cannot do for Council Tax arrears without a court order signed in ink by a judge and, then, only if they have previously gained peaceable entry and obtained a valid and lawful levy. You would be well-advised to move your car to some place where they cannot get their grubby mitts on it.

Thanks for the reply Bluebottle, appreciate it.

Ok, so if I phone the council up and make a payment tommorow does that PREVENT the bailiff from trying to take goods etc?

Also, with my car being parked there untaxed at present, couold they simply turn up with a truck tommorow and remove it? What if i register the car in my partners name? Surely they cannot remove something that no longer belongs to me?

Sorry for all the questions and again thanks

[CleverClogs]

Re: HELP PLEASE! Rossendales chasing me and im worried sick!

Ok, so if I phone the council up and make a payment tommorrow does that PREVENT the bailiff from trying to take goods etc?

Alas not - unless you can pay off the lot.

Also, with my car being parked there untaxed at present, could they simply turn up with a truck tomorrow and remove it?

Yes, but that's unlikely as it would be far too much like actual work for the buggers to do.

They might turn up with a car, though, and try to charge a "van fee".

What if i register the car in my partners name? Surely they cannot remove something that no longer belongs to me?

True, they shouldn't - but that does not mean they'll not try it.

See the attached file for the fees that may lawfully be charged.