Rossendale bailiffs &council tax HELP

[Karenj]

I had an out standing debt with the council tax, I believed I was paying this with this yrs bill as that is what I arranged with
the council tax office. However it appears I was mistaken !

a chap claiming to be from rossendale on behalf of council tax attended a week ago. He did not gain entry to my house but I explained I thought I was paying this already he simply said call the council tax office. Yesterday I arrived home and my son handed me a letter NOTICE OF REMOVAL hand posted through my door saying I owed 370.54 please call bailiff .
my son is 20 yrs old he said they did not knock on the door it was hand posted and nothing more. I immediately called them explaining I get paid my wage next Friday can I pay 100 today and the balance on Friday they said no !
full payment by tomorrow or they remove goods .
i am currently under doc for anxiety and depression so u can imagine my stress levels !! I called them back again this morning after begging and borrowing and they said call by 5pm and let them know if I had full payment . I did get full payment and called
tjem back i
is imply said as I havnt seen you yet can u call for the payment and could I please have a full break down of the costs as the original bill is 173.34 so I wanted to see what else I was paying for .
the bailiff answered " I'm charging you for the van " I asked why when they have no possession order what was they collecting?
they did not knock on or enter my house , my car was not there as I was out at the time ??
she was very nasty and yelled "whatever Karen il be there in one hour to collect your goods "!!
am I mistaken in thinking I shouldn't be treated like this ? Further more I offered the payment in full ?????
they decided after 2 hours of panic attacks to simply text my mobile and say they would be now attending on mmonday morning .
some one help I really ddon't want to pay unfair charges or allow this woman to get away with bullying me and my family what can I do ? She is attending Monday morning .....

[bluebottle]

Re: Rossendale bailiffs &council tax HELP

First of all, the local authority involved need to explain why Rossendales are involved. They cannot refuse a payment or any offer of a payment plan. They cannot remove goods without a valid levy and even if they do obtain a valid and lawful levy, they are required, by law, to allow at least five days from the date of levy before attempting removal in order to give you an opportunity to pay. They cannot charge for a van unless they are attending to remove goods and in order to do that they must have a valid and lawful levy and have previously gained peaceable entry to your home. They have not done so and cannot, therefore, charge for a van.

For two visits, the most they are legally allowed to charge you is £42.50 (£24.50 for the 1st visit, £18.00 for the 2nd visit). Anything over and above this is not permitted by legislation and fraudulent.

[Karenj]

Re: Rossendale bailiffs &council tax HELP

I am sorry I just replied to this I don't know where it went.
firstly thank you for ur reply I'm going out of my mind here I'm confused about what I can and can't do on this matter.
I have just gone through my mail and found a letter dated June 12th this states final reminder outstanding 201.52
then I have paperwork left by first caller from rossendale ( he did not enter my home )
he did leave a notice to say original debt £177.02 first visit 24.50 total 201.52
on the back of which has a notice of distress with walking possession agreement printed . It is in written on and contains no items signatures etc it is completely blank. Then I have the notice off bailiff yesterday and written on is the sum of 370.52 ?
when I called them they said I'm being charged 140.00 for a van ?? What am I missing here where is this sum from ??? What should I do ? When I rang the council for help yesterday I was told to deal with rossendale when I rang their office they say speak to bailiffs ???

[charitynjw]

Re: Rossendale bailiffs &council tax HELP

Hi Karenj,


Have you read these? (from our bailiff section)


Dealing With Bailiffs For The First Time

http://www.legalbeagles.info/forums/...The-First-Time


Council Tax

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

[Karenj]

Re: Rossendale bailiffs &council tax HELP

Thank you once again , yes I have read all of this . My main concern is I may have signed something on
the first visit the chap that handed the papers to me but did not write anything on the papers ? I cant
remember if I signed anything ? He definatly did not enter my house or levy any items even if he seen my car it is on HP and more iS owed on the car than the car is worth it is also fitted with a pass time device until the credit is paid (if I miss instalments they turn off the car).
having said this I did tell the bailiff that my car is on HP and she said she could take it anyway, I have seen nor signed any paper work with my car written on it and she hasn't seen it as the only time she attended I was at work so it was not at home when she posted the letter.
i have the full payment in cash waiting 370.50 however I am going to call the council on Monday ( by council I presume this means call the council tax office?)
I have read that the bailiff can still collect their fees even if I manage to get someone other than them to take my payment? Like I said I am fully willing and nnow able to pay the debt and LEGAL bailiff ffeeding full however I will not be paying them 198.00
(which is more than double the original debt owed) for simply speaking to me
for
5 minutes and posting a sheet of paper. ��

[Karenj]

Re: Rossendale bailiffs &council tax HELP

Please excuse my predictive text that was "bailiff fee not feeding)!
also just quickly I have noted that the letter received by post from rossendales states I owe 201.52
whivh I'm willing to pay as it is the original debt plus first visit charge it has a pay point bar code which I could pay today ?? Is this advisable ??
should I pay what I can and see how they Persue the 18 2nd visit and their apparent "van fees"?
Or should I wait and call the council ?
Due to my anxiety I am inclined to want to pay this and have the receipt in hand for Monday it would make me fee a whole lot better but I don't want to make the situation any worse

[bluebottle]

Re: Rossendale bailiffs &council tax HELP

Get a photocopy of the HP agreement on your car and let the bailiff have this. As it is on HP, it is third-party property and cannot be seized.

The legitimate amounts you owe are -

CT Arrears = £177.02
Visit Fees = £42.50
TOTAL = £219.52

I would make it very clear to Rossendales that they are only entitled to collect £219.52 and no more. They also need to have it made clear to them they have no lawful or valid levy and the van fee is, therefore, invalid and unlawful in the circumstances.

Finally, who is your local police force?

[Karenj]

Re: Rossendale bailiffs &council tax HELP

My local police force is bury . If I had of signed anything on the first visit would that man of had to provide me a copy as I have all the paper work he handed me and nothing has my signature on it . Still I be can't possibly have put a levy on anything on that visit as he didn't enter he remained in the ally where my front door is and on opening my door all u can see is my sofa in the living room down the hall .... Could he have wrote that without telling me ? If he had would he have had to put it on the walking possession which he handed me (which is clearly blank)?
im confused I have been under so much stress I have problems remembering sometimes and can genuinly not remember if I signed anything ???? What if I did ?? What could it have been ??? I don't know.
further more if I open the door on Monday and hand her the HP agreement for the car and make it clear I am recording what she says and that she is not permitted to enter what happens then? I have been given none off the items u asked about in #2 just the papers the first guy gave me the first guy a week or so ago not of which are the regs or a liability order I don't think ?? If u inbox me an email address I can take pic of what I have received and send them to you if it helps ??
i appreciate all the help you have given honestly truly greatfull

[bluebottle]

Re: Rossendale bailiffs &council tax HELP

Firstly, don't open the door to her and definitely make her aware she is being recorded. If she claims she has a valid levy, ask on what. If she says the car, post a copy of the HP agreement through the door and tell her she attempts to levy on the car at her own risk.

If she mentions any items inside your home, it is clear she has looked in through the window and done what is sometimes known as a "drive-by levy", which is invalid and illegal. By law, they must have gained peaceable entry to your home in order to have a valid and lawful levy on items inside your home.

Secondly, post a copy of the HP agreement through the letterbox.

Thirdly, if the bailiff kicks off and starts shouting and screaming like a banshee or making threats the law does not permit her to make, dial 999 and ask the police to attend. Tell them there is a person outside your home, claiming to be a bailiff who is causing a disturbance, i,e, shouting and screaming at you, and making threats you know, from having sought appropriate advice, she has no right to make.

Regarding the documents, can you post them up on this thread? If not, I will PM you an email address to send them to for examination.

[Karenj]

Re: Rossendale bailiffs &council tax HELP

I just tried I can't do it unfortunately could u please send me email address il send to you I will blank
address etc so u are able to post to thread to help others please

[CleverClogs]

Re: Rossendale bailiffs &council tax HELP

If I had of signed anything on the first visit would that man of had to provide me a copy as I have all the paper work he handed me and nothing has my signature on it . Still I be can't possibly have put a levy on anything on that visit as he didn't enter he remained in the ally where my front door is and on opening my door all u can see is my sofa in the living room down the hall .... Could he have wrote that without telling me ? If he had would he have had to put it on the walking possession which he handed me (which is clearly blank)?

It would not matter as clearly no Notice of Seizure was left. If a Constructive Levy (levying without actual seizure or "I spy, with my little eye...") had been attempted, not only would it have been invalid, it would also not have realised enough at auction even to defray the removal expenses.

can genuinly not remember if I signed anything ???? What if I did ?? What could it have been ???

See above - it really wouldn't much matter.

further more if I open the door on Monday and hand her the HP agreement for the car and make it clear I am recording what she says and that she is not permitted to enter what happens then?

She will be rather upset and will probably try to push you out of the way.

Do not open the door to that creature.

I have been given none off the items u asked about in #2 just the papers the first guy gave me the first guy a week or so ago not of which are the regs or a liability order I don't think ?? If u inbox me an email address I can take pic of what I have received and send them to you if it helps ??

Can you post it here, as an attachment?

Click on "Go Advanced" and scroll down to "Manage Attachments". Click on that and, when the sub-window pops up, select the image file to upload. Then upload it, close that window and submit the message.

[Karenj]

Re: Rossendale bailiffs &council tax HELP

this may not work but here goes .......

[CleverClogs]

Re: Rossendale bailiffs &council tax HELP

It is immediately obvious that no levy upon goods had been done, as the inventory is completely blank - the jerk in charge had not even listed your motor-car which is on HP and which would need the removal of the immobiliser before it could be sold.

[bluebottle]

Re: Rossendale bailiffs &council tax HELP

The bailiff involved would be well-advised to accept the CT arrears and two visit fees. She does not have any valid or lawful levy and the car is third-party property, so she cannot levy on or seize it. Attempting to charge for a van will not work as you have to have a lawful and valid levy first in order to remove goods. No levy, no removal costs. Also, charging or attempting to charge fees in advance is a criminal offence and carries a custodial sentence.

[CleverClogs]

Re: Rossendale bailiffs &council tax HELP

If they tried to sell a third-party vehicle, they would be facing a hefty custodial sentence on conviction. Handling Stolen Goods carries a maximum penalty of 14 years' imprisonment, which is the same maximum penalty for the offence of Blackmail.

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