Rossendales Final Notice - Council Tax

[davejh]

Last year I was a full time student and exempt from paying council tax when my course ended in May (2012) I claimed JSA until September when I started a new course which gave me exemption from council tax.

For one reason or another (not been made clear to me) I see to have been charged 390.56 in council tax, I tried to chase it up but the council would be to busy on the phones or office when I had spare time to sort it out.

The stupidly stressful time of my 1st year as a degree student and having a family and evening job got in the way and Im forgetful at the best of times I didn't sort it.

I was walking out the door (22.4.13) with my daughter to take her to school as a man approached me he didnt tell me who he was I assumed he was after something so I explained I couldn't stop and he handed me a letter and I said "whatever" or something to that affect and tossed it in my house and quickly took my daughter to school.

When I returned I read the letter and found out it was from Rossendales "Notice Of Bailiffs Attendance" saying I owed £390-56 plus costs, I rang the council about it and said I had to deal with Rossendales so I thought I will sort it out in a day or too when I had spare time as you are aware my time keeping and sense of urgency are rubbish lol and I didn't get round to ringing them to offer them a payment.

Today (10.06.13) I found a letter of "Final Notice" stuffed through my letter box we have been in the house all day and my puppy hasn't barked as she would if someone was at the door and we didnt hear a knock.

I rang the mobile number and asked him what it was all about and he said he wanted full payment, I said i didn't have it and could make an offer and he said he couldn't take a payment and will be back tomorrow to collect.

They posted a "Notice of Distress" with an Inventory of 1x Car Ford (reg number) which was parked on my front (it is my car which I use for work delivering pizza).

Client debt = 390.56
1st visit fee = nothing written
2nd visit fee = 42.50
Levy fee = 38.00
Walking possession = illegiable
Other = what looks like 3 x's
Total = £601.06

I have read your help pages on dealing with them and will not let them in, if no one is in they can not force entry I assume.

If I go out and return in they cant stop me from entering my house or enter with me if I dont give them permission?

Thank go this forum exists you are live savers!!

Thanks Dave

[davejh]

Re: Rossendales Final Notice - Council Tax

I also read on your council tax page you should pay some of the original bill on my councils site I tried to do this but it was declined and a phone number given to ring them in the morning (office hours).

[ploddertom]

Re: Rossendales Final Notice - Council Tax

Best way to pay is via online banking. With regards to the charges above do you have any dates to go with them?

[davejh]

Re: Rossendales Final Notice - Council Tax

on the Notice Of Distress? It was all dated today the hand writing is barely readable.

[ploddertom]

Re: Rossendales Final Notice - Council Tax

If they are claiming 1st & 2nd Visit Fees then you need to know the dates. If they are claiming to have made a levy then that must have been made on another visit. Also if you tot it all up you are £130 adrift which sounds as if they have also charged a Van/Attending to Remove Fee. To get it all straight send them Letter 1 from http://www.legalbeagles.info/forums/...Useful-Letters

[CleverClogs]

Re: Rossendales Final Notice - Council Tax

It is also interesting that the "levy fee" should have been £41 rather than £38.

Are Rossendales running a Summer Sale? :rofl:

[davejh]

Re: Rossendales Final Notice - Council Tax

should I do this tomorrow morning...or after Ive sent the letter?

"If the bailiff is refusing instalments, work out what you can reasonably afford and sustain. Phone the council, and make sure you are talking to the recoveries section. Tell them what is happening, make your repayment proposal direct to the council and ask them to take the debt back. They are likely to refuse and tell you that you must deal directly with the bailiffs – they are lying, but this is what they may well say. Ask for a copy of the council’s official complaints policy and get the name of the person you are talking to. Ask them, “Are you refusing a reasonable repayment plan on behalf of xxxxx Council? Under what legislation do I have to deal with your appointed enforcement agents?” If possible record this, even if only on a mobile phone."

Thanks your replies.

[CleverClogs]

Re: Rossendales Final Notice - Council Tax

It would be better to wait until the council offices open.

[davejh]

Re: Rossendales Final Notice - Council Tax

I will ring Rossendales in the morning then the Council.

Looking at the Final Notice letter that was hand delivered there's no time on it just today's date and the Notice Of Bailiffs Attendance letter has 09:40 and 22.04.2013 as the date (hand written).

These are the only forms of correspondence I have with Rossendales.

Do you know if they will go looking for my car in the next street?

Dave

[CleverClogs]

Re: Rossendales Final Notice - Council Tax

Do you know if they will go looking for my car in the next street?

That would be quite likely.

[bizzybob]

Re: Rossendales Final Notice - Council Tax

Back to the beginning for a moment,

"Last year I was a full time student and exempt from paying council tax when my course ended in May (2012) I claimed JSA until September when I started a new course which gave me exemption from council tax."

When you claimed JSA did you also claim CTB? If so you should ask the council to look at this again as it may be their fault, by all means make an offer of payment but write to the Head of Revenues, the CEO, and leader, that you cannot understand whow your account ended up with bailiffs when you were in receipt of JSA. If they shilly shally send in a Formal Complaint,. and copy it to the aforementioned bigwigs, and your MP This assumes that your family was wholly reliant on benefits for the period they are claiming you owe the arrears.

[davejh]

Re: Rossendales Final Notice - Council Tax

I didnt claim CTB and they said they couldnt back date it.

[davejh]

Re: Rossendales Final Notice - Council Tax

I just read on the citizens advice that protected items such as cars used for employment can't be seized so my car should be OK parked in my street?

I deliver pizzas .....

[ploddertom]

Re: Rossendales Final Notice - Council Tax

I just read on the citizens advice that protected items such as cars used for employment can't be seized so my car should be OK parked in my street?

I deliver pizzas .....

Sorry to disappoint you but it can be seized & removed. Either put it in a garage that can be locked or move it a good 10 minute walk away.

[bluebottle]

Re: Rossendales Final Notice - Council Tax

It might be worth swearing a Statutory Declaration as regards your vehicle as the bailiff would be very unwise to seize a vehicle used in connection with a debtor's employment, business or vocation. Not even HMRC allow certificated bailiffs working under contract to them to seize vehicles so deemed and this is clearly stated on Magistrates Court Distress Warrants (Condition 2).

You can get an SD notarised at a high street solicitor for £5-£10. Get it done asap and send a copy to Rossendales. It will pee the bailiff off no end, but, hey, that's his problem, not your's.