Not Sure What To Do Rossendales CT

[LaLaLa]

Hi

I am hoping my situation is sorted out, but I am just looking for help incase it isn't

So back at the beginning of the year we had some financial issues and my Grandmother was also very ill and I forgot/couldn't make payments on my CT.

I received a letter some months ago telling me the council were taking me to court, I wasn't able to attend as I was unable to get there ( they had not used my local court which is 10miles away from me but one that is nearly 55miles!)and I had no childcare for my toddler, who doesn't travel well let alone for 55miles.

I contacted the court and they said I didn't have to attend and they would send me a letter with the decision.
Received a letter saying a liability order had been issued for the full amount of £815.
I then had visits from Rossendales, I turned them away as I didn't wish to deal with them (didn't and wont let them in ) I relented and sent a letter in an attempt to sort it with Rossendales and offered them £50 per month to be paid on the 15th of every month or nearest business day (my partner gets paid on the 15th and it is when all our bills are paid) which they basically refused unless they could come into my home and levy goods (which I told their agent wouldn't be happening)
During this time my Grandmother was progressively getting worse and was permanently in hospital,October 3rd she passed away which has been very hard to cope with.

I recently made a last ditch attempt with the council, I explained my situation,told them I was willing to pay but Rossendales had refused my offer and asked them to take back the debt as I didn't need the distress of dealing with bailiffs. They pretty much refused and told me I had had a chance to sort it with them, apparently there was a form with the summons or liability letter to set up installments etc, I can 100% say there wasn't a form!I would've filled it in and sent it back asap had there been.

So anyway they must have contacted Rossendales as I received a letter yesterday (23rd) saying they had accepted my installments and I had to make a payment on or before 26th November!So 3 days notice to make payment! I have emailed Rossendales and asked them to move the date to the 15th and have offered to pay more than I originally offered as I have finished paying of an HP, I explained its to short notice and I asked to make payments on the 15th of each month and requested a payment card.

What do I do if they say no and start visiting again?

Hope that makes sense thank you

[bluebottle]

Re: Not Sure What To Do Rossendales CT

Hi LaLaLa and welcome to Legal Beagles.

There appears to have been some maladministration in your case. Firstly, holding a hearing at a court which was not accessible to you, rather than your local court, which was accessible, could be said to be preventing you from having a fair hearing. You have a right to a fair hearing under Article 6, Human Rights Act 1998. Secondly, the court had no business, let alone, any right or power to tell you not to turn up for the hearing. Again, this is a potential breach of Article 6, HRA 1998. Neither the council or the court can claim they didn't know or that it doesn't apply in your case. It does and they know or ought to know it does.

You were absolutely right to tell Rossendales to take a hike as regards them saying they had to gain a levy on your goods in order to set up a payment plan. What they told you is a lie and you have now learned the first lesson of dealing with bailiffs and that is that bailiffs lie.

There is nothing in law that requires you to deal with bailiffs and you are at liberty to make payments directly to the council via their online or telephone payment services. They cannot prevent you from doing so as if a local authority refuses to accept payments, it puts them in breach of the law. So it appears the council have been telling you porkies as well.

It appears Rossendales are trying to engineer excuses to bump up their fees. The Council Tax (Administration & Enforcement) Regulations 1992 limit the fees bailiffs can charge for visits to £42.50 (£24.50 for the first visit and £18.00 for the second visit).

If it want to pay the council directly via their online or telephone payment services, pay the same amount each week, ideally, on the same day, in an amount you can realistically afford. Also, make sure you allow for any lawful bailiff fees, although, after the manner in which the council has behaved, I am of the opinion this may be a case where, maybe, your MP should pursue this matter.

[Fizzy77]

Re: Not Sure What To Do Rossendales CT

Hi LaLaLa and welcome to Legal Beagles.

There appears to have been some maladministration in your case. Firstly, holding a hearing at a court which was not accessible to you, rather than your local court, which was accessible, could be said to be preventing you from having a fair hearing. You have a right to a fair hearing under Article 6, Human Rights Act 1998. Secondly, the court had no business, let alone, any right or power to tell you not to turn up for the hearing. Again, this is a potential breach of Article 6, HRA 1998. Neither the council or the court can claim they didn't know or that it doesn't apply in your case. It does and they know or ought to know it does.

You were absolutely right to tell Rossendales to take a hike as regards them saying they had to gain a levy on your goods in order to set up a payment plan. What they told you is a lie and you have now learned the first lesson of dealing with bailiffs and that is that bailiffs lie.

There is nothing in law that requires you to deal with bailiffs and you are at liberty to make payments directly to the council via their online or telephone payment services. They cannot prevent you from doing so as if a local authority refuses to accept payments, it puts them in breach of the law. So it appears the council have been telling you porkies as well.

It appears Rossendales are trying to engineer excuses to bump up their fees. The Council Tax (Administration & Enforcement) Regulations 1992 limit the fees bailiffs can charge for visits to £42.50 (£24.50 for the first visit and £18.00 for the second visit).

If it want to pay the council directly via their online or telephone payment services, pay the same amount each week, ideally, on the same day, in an amount you can realistically afford. Also, make sure you allow for any lawful bailiff fees, although, after the manner in which the council has behaved, I am of the opinion this may be a case where, maybe, your MP should pursue this matter.

Hi bluebottle and thank you for your very helpful reply.

To be honest I did think it very odd that the hearing was held so far away. Rossendales have got back to me today and are asking for £25 to be paid by 30th November (this Saturday):



I also requested a payment card or barcode ( from their website it says they give barcodes that can be scanned at Payzone/Post Office) and the agent makes no mention of this, I would assume they could attach said barcode to the email and I could just print it off....

Regardless of that I have no way of paying £25 or anything by the 30th as the very little money I have is for electricity and food for myself, my daughter and my partner until next week. I have no way of borrowing the money either. So I assume I miss the payment and they start sending bailiffs again which will be more costs added Stupid thing is that this is for CT 2013/2014 so I owe money for the future?!

I am able to pay something next week (just not this week) and from your post I assume that would be best directly to the council?Will I still get bailiff visits if I do this and what do I tell them through the letterbox? Should I re-contact the council? Sorry it's all a bit confusing.

Thanks again

[bluebottle]

Re: Not Sure What To Do Rossendales CT

It seems very much to me that Rossendales are attempting to engineer a default in order to garner fees. It also appears they have learned nothing from the slamming they had from the Local Government Ombudsman (LGO) in the adjudication against Blaby Council, in which Rossendales behaved in the most appalling manner.

They are being somewhat disingenuous in what they say in their email and cannot force you to pay more than you can realistically afford, nor can they put you even further into debt as a result of what they are proposing. It needs to be made absolutely clear to Rossendales that their conduct is unacceptable.

If it were me, I would email Rossendales with something along the following lines -

Dear Sirs,

Re.: [Name of Council] Council - Case Reference xxxxxxxxxxxxxxx

I refer to your email to me dated [date].

What you are proposing is wholly unacceptable, unachievable and unrealistic, due to my current financial situation, which I alluded to your company in my email dated [date]. Therefore, I shall be making affordable payments directly to [Name of Council] Council and allow for any lawful fees to which your company can prove it is legally-entitled to receive. I would remind you that a local authority cannot refuse to accept payments from, nor prevent payments being made by a Council Tax debtor in order to clear any Council Tax arrears for which they may be liable, as to so refuse to accept such payments or prevent such payments being made would put the local authority in breach of the law.

Notwithstanding that a local authority that has been granted a Liability Order under the Council Tax (Administration and Enforcement) Regulations 1992 may use distress as a means of enforcing any Council Tax arrears, a Council Tax debtor is under no duty or obligation, legal or otherwise, to deal with any bailiff or bailiffs a local authority may have engaged to enforce and collect any Council Tax arrears from that debtor. In short, I am at liberty to make payments to clear any Council Tax arrears for which I may be liable directly to [Name of Council] Council without reference to or through your company.

However, I am somewhat disturbed to discover that your company has been somewhat disingenuous in claiming that it had to attend my home and obtain a levy on my goods in order to set up a payment plan. This statement by your company, I have since learned, is patently untrue and, consequently, brings into question the veracity of all verbal and written statements, including those contained in emails, made to me by your company.

I have noted the threats made by your company in its email to me dated [date] and would draw your attention to the fact that a court has the power under the Civil Procedures Rules 1998 to make a decision of its own initiative and to dispose with a case without a hearing. It therefore follows that there is nothing to prevent a court from revoking a bailiff's certificate on the weight of a letter of complaint and accompanying evidence to the Circuit Judge or District Judge at the court that issued a bailiff's certificate and without a formal hearing being convened. In short, a judge can revoke a bailiff certificate without a Form 4 complaint and without a hearing. This fate befell a certificated bailiff, operating in Southern England, during 2012.

It is drawn to your company's attention that there are questions as to the manner in which [Name of Council] Council obtained the Liability Order in my case and which may, ultimately, affect its validity. And to this end, I am in the process of requesting that my Ward Councillors and Member of Parliament intervene in this matter.

I am doing everything that is humanly possible to clear the Council Tax arrears that I owe, but it has to be at a rate I can realistically afford.

Yours faithfully,

.............................

If you need to make any corrections, please feel free to do so. It would be advisable to sent a hard copy of the above to Rossendales, as well as in email form. A copy to the Head of Revenues at the council may also make them realise that their contracted enforcement agents aren't the blue-eyed boys they think they are and that you are on their case. It would be interesting to see what their reaction is to the statement as to involvement of Ward Councillors and an MP.