Rossendales

[Bensmum]

My husband is ill with a neurological problem which has left him disabled and I had to give up my job to become his carer. To cut a long story short we got behind with Council Tax and ended up with a Liability Order against us for £249. We had a letter from Rossendales and I wrote back offering them £15 per week but we never had a reply.

One of their bailiffs arrived about 3 months ago and said that we had made an arrangement for £30 per week and as we had not paid any he was there to collect £454.50 or he would be taking our goods. I explained the situation and that we were still awaiting a reply on the offer I had made but he insisted that an arrangement of £30 had been set up. He said he would give us a day and be back. He did not get into the house (German Shepherd Dogs come in useful!) and nothing was signed. About a week later another letter giving us 24 hours came through the letter box but he didn't knock on the door or anything.

Now this morning we have received a letter from them headed Notice of Required Financial Information and asking for financial details under Regulation 36 of the Council Tax and Administration Regulations 1992 and states and that we must supply the required information within 14 days and that if we do not comply then to take note of the
Intention to Prosecute
Are they within their rights to send this letter? The information they request I have already supplied when I made the offer of £15. The council say there is nothing they can do as it is in the hands of the bailiff. We acknowledge that we owe £249 but £205.50 in charges is absurd.

Any advice much appreciated.

[bluebottle]

Re: Rossendales

I think your local council had better start taking this matter very seriously indeed. Only the billing authority, i.e. the council, has the power to require you to provide financial information in accordance with Regulation 36, Council tax (Administration & Enforcement) Regulations 1992 (as amended), not Rossendales. Also, there is nothing in law that says you have to deal with a bailiff.

Also, if £15 per week is all you can realistically afford, Rossendales cannot force you to pay more than you can afford. It sounds very much to me they are attempting to engineer a default in order to gain a financial advantage for themselves, sometimes referred as Garnering. Additionally, they cannot remove goods without first obtaining a lawful and valid levy. That they do not have.

You should pay the council directly using their automated payment service. That way, you build up a payment history which makes it difficult for them to justify further enforcement. It sounds very much that you and your husband may fall within the vulnerable category as defined by the Ministry of Justice National Standards for Enforcement Agents, which all local authorities and bailiff companies have signed and agreed to comply with.

As for fees, at present, with only one visit, the most they can charge is £24.50. They can charge £18.00 for a second visit, making a total of £42.50. However, they have to prove a certificated bailiff pushed the threat-o-gram through your door, otherwise, no fee can be charge.

Consider going to the media if Rossendales continue behaving like idiots and the council continue to condone their unlawful actions.

[ploddertom]

Re: Rossendales

Unfortunately they can http://www.legislation.gov.uk/uksi/1.../contents/made , can't rememeber which bit off hand as need to have an early night.

[bluebottle]

Re: Rossendales

Unfortunately they can http://www.legislation.gov.uk/uksi/1.../contents/made , can't rememeber which bit off hand as need to have an early night.

I stand corrected on that point.

[ploddertom]

Re: Rossendales

Regardless it doesn't detract from the problems you face and as suggested provide proof of vulnerability to both Council & Bailiffs. I assume you now claim some Benefits so there should be no reason why an Attachment to Benefits at the lower rate - approx £5 per week - cannot be made.

[Bensmum]

Re: Rossendales

Thank you so much for responding so quickly. Until my husbands illness our payment history was perfect then our income took a huge nosedive especially after I had to give up my job to care for him. We applied for HB/CT benefit and were awarded the full amount but then a year later they decided they had overpaid us and demanded £950 HB and £450 CT back. All we had left to pay back was £180 Council Tax when unfortunately we missed a few payments and it is this that the liability order is for. The amount on the original letter when I offered £15 per week was £249 so they had added the £205.50 before they even came. I have had a look at their charges and cannot work out how they have arrived at this figure however there have been no further charges added since. Both they and the council are aware of my husbands condition and of the fact that he cannot deal with the matter himself. I have spoken to the council several times but all they can come up is once its in the hands of the bailiff there is nothing they can do. If I pay this on the automated payment how can I be sure that it won't come off the current years bill which we have just received last month and still leave this outstanding amount with Rossendales.

Thanks again

[salsmoss]

Re: Rossendales

Has anyone ever thought about the fact that if you fail to pay a court fine it is a criminal offence and bailiffs appointed by the courts (actual court bailiff) will come and enforce a court order, but if you fail to pay council tax and you end up in court a private bailiff will enforce a liability order, strange isnt it. Bensum remove the bailiffs right to enter your property with a fee attached, works great for me.

Now the council will help you so offer to pay £15 to them.

[Bensmum]

Re: Rossendales

As at the moment he receives Contributory Employment and Support Allowance and Disability Living Allowance (High Care and Mobility. However he turns 65 and claiming his state pension in a couple of months so will not be claiming E&SA for very much longer. In the winter the heating had to be on almost constantly hence I didn't want to commit to more than £15 per week but now the warmer months are coming (fingers crossed) that will free up some money and I could get £249 cleared within a few months but I not want to be paying these absurd charges on top especially if they have engineered a default on the account by not responding to my offer and then claiming that an arrangement had been made for double that amount. I have a photocopy of the offer I sent. I was probably naive in waiting so long for a reply but have never had to deal with bailiffs etc before and to be quite honest life is a bit of a nightmare at the moment.

[CleverClogs]

Re: Rossendales

I have spoken to the council several times but all they can come up is once its in the hands of the bailiff there is nothing they can do.

Fiddlesticks!

Read Regulation 70 (link) of the Local Authorities (Contracting Out of Tax Billing, Collection and Enforcement Functions) Order 1996. All the local authority needs to do is to tell Rossendales to back off.

[CleverClogs]

Re: Rossendales

Also, if £15 per week is all you can realistically afford, Rossendales cannot force you to pay more than you can afford. It sounds very much to me they are attempting to engineer a default in order to gain a financial advantage for themselves, sometimes referred as Garnering.

Who owns Rossendales?

[ploddertom]

Re: Rossendales

In your situation I would be contacting the local Councillor(s) - best done initially by phone before 9pm - and ask they intervene. For some this can be a golden opportunity as there are some Local Elections on Thursday. If they refuse or are reluctant then go to the Leader of the Council and his opposite for help. These people have direct access to those at the Council that have started this.

[bizzybob]

Re: Rossendales

Who owns Rossendales?

Marstons do now.

[bizzybob]

Re: Rossendales

Do as per ploddertom, but send proof of your vulnerability, as per family is wholly reliant on benefits, and remind them that they and Rossendales are signed up to abide by the National Standards,(tell your local council member this)

[CleverClogs]

Re: Rossendales

Marstons do now.

Exactly.

Might Mr Hughes's inbox soon be getting a bit full?

[bizzybob]

Re: Rossendales

Exactly.

Might Mr Hughes's inbox soon be getting a bit full?

Tell him to empty it LOL