New rules for old liability order?

[brownowl]

Hello,

I have two liability orders with Rossendales. I have paid some amounts to them but recently have been in dispute with the council who issued the orders and this has not yet been resolved-they keep fobbing me off and nor answering my queries so I have ceased paying Rossendales for the present.
Yesterday(friday of course!) a letter came from Rossendales saying that the council have said to carry on with the enforcement etc (these debts are about 5 years old) and Rossendales have made comment about the new charges, They have already visited an old address twice for these orders (and charged me for consecutive orders) and I am wondering where I stand with the new rules?- can they charge for enforcing again or charge for anything else as they have had these liability orders for years?
any advice appreciated.
Also can they charge me for paying with a debit card-(i think I agree to the charge when I pay?) thank you

[BeagleyBailiff]

Re: New rules for old liability order?

http://www.legislation.gov.uk/uksi/2...article/4/made

Have a read of this and you will see which section you fall under, and thus which fees apply.

[brownowl]

Re: New rules for old liability order?

Thank you but I am afraid I am none the wiser.
:tinysmile_aha_t:

[Milo]

Re: New rules for old liability order?

The 'Transitional' regulations are sadly not too easy to understand. I will attempt to explain in 'simple terms'.

With a debt for outstanding council tax, if a bailiff visited your property BEFORE the 6th April 2014 (when the new regulations took effect) but was NOT able to 'levy' upon goods then he may continue enforcing the debt under the NEW regulations. He will be allowed to therefore charge the 'enforcement stage fee' of £235 etc. He will NOT however be entitled to charge the 'compliance stage fee' of £75.

In the above scenario it is important to find out what charges have already been charged. If a 'levy' had not been undertaken the only fees that should have been charged would be £24.50 for one visit and a further fee of £18.00.

HOWEVER.....

If a bailiff had visited your property BEFORE 6th April and he had been able to 'levy' upon goods (in particular a vehicle) then he CANNOT and MUST NOT charge any fees under the new fee scale. Instead, all future enforcement under will be under the fee scale that was applicable BEFORE 6th April.

The same situation also applies to unpaid parking charge notices.

In essence, the future charges are dependent on whether or not a 'levy' had been made upon goods BEFORE 6th April 2014

[Guest]

Re: New rules for old liability order?

Either way, it might be advisable to continue payments.

Even if no levy is in place, a further visit will cost £235 and if a vehicle is available, costs could be even highr. This would also give Rossendales greater power in demanding payment in full.

I would probably write a formal complaint to the council, outlining your issues. I would request that enforcement is suspended until the outcome is resolved BUT until the council confirm that they are prepared to do this, I would continue making payments