Rossendales council tax, large fees

[TanyaPatrick]

Hi hoping someone can help. I have had a council tax bill from 2011 which I had nearly paid off. I got it from £700 down to £90. I had a visit from a enforcement officer for the first time today who did not enter the house. But claimed my bill was now £325 due to a missed £40 payment on my arrangement, I never had a set arrangement I paid what I could each month. It was though my mistake I was not paying as regular due to life events, a divorce im in the middle of and my fathers death, getting a son equipped and ready for Uni in September and a full time job I overlooked the rest of the bill when I paid my last payment to Rossendales. Do I really have to pay nearly half this bill again? I was willing to pay the £90 off in full today but he was uninterested. However I did discuss with him that a bailiff could not visit a house if a person owed under £100 and he checked and said this was right. He explained the money on top of what I owed was bailiff fees to come to the house. But if I owed under a £100 surely he should not have been at my home in the first place and Rossendales could have sent me a reminder letter. He then changed and said the money was because I defaulted my £40 per month payment plan. A £40 plan I never put my signature to. The bailiff said apparently the company called me in May? A call I conveniently never got. My last letter from Rossendales was in September 2013. I do accept that yes I missed a payment, but I am completely peeved that I have to pay all this extra money when I could have just been prompted. I have to say that debt collectors seem to think that other things in life don`t exist but their bill. The last £90 It really was not my main focus because of all that was going on. Of course he made me feel like a criminal. I have a couple of days to sort this out and of course who has £325 quid spare? Help please. He quoted new legislations which I do not understand at all. I just want to know if I can avoid paying the extra money, I am more than happy to pay the £90.

[Crazy council]

Re: Rossendales council tax, large fees

I deal with these thieves all the time, and currently are.

Email rossendales enquiry and your local council collections dept.

Email them both, saying you are willing to pay the 90 and it was refused by teh agent. Tell them that you only missed the payment due to the issuse that you explained above.

PUT THIS IN THE EMAIL. Because of your current possition with divorce and your farther, you feel vulnerable and threatened by this baillif demanding more money.

State that your willing to pay the £ 90 directly to the council, and that be the end of the matter. If they do not accept these terms, request a review of the bailiffs actions by the council. If you feel like they are ignoring you, Just pay the £ 90 direct to the council asap. send them a copy of the receipt,

I would just pay the £ 90 into there account, you will see there account number on the back of your bill, with the reference number they need

[TanyaPatrick]

Re: Rossendales council tax, large fees

Thank you I have done as you suggested and contacted the council and Rossendale. I really hope they are understanding. I am so tired of all this and it is really stressing me out. I feel as if I am wading through mud and never getting anywhere. I did so well getting down to £90. Fingers crossed there are some nice people out there.

[Crazy council]

Re: Rossendales council tax, large fees

I have done as you suggested and contacted the council and Rossendale. I really hope they are understanding

Give them till friday to deal with the email.... Then ring,, council first, ask for a formal response...... ( that's what will sort it )

If you get messed about at all, just pay the £90 into there account with your reference..

make sure you say you feel vulnerable do to your current circumstances and the bailiffs actions:tinysmile_twink_t2:

[Guest]

Re: Rossendales council tax, large fees

In order to challenge this effectively, you need to be double sure of your facts.

I read on the other board that this was the first time a bailiff (EA) has ever visited you. If this is correct then they may not charge the £235 visit fee. In order to charge a visit fee, they must satisfy a "compliance stage" in your case, this would need to be done by visiting you prior to April 6th of this year. You need to also be sure of the agreement/arrangement that you had with Rossendales and how you came to this arrangement. I must say I've never heard of a bailiff company allowing payments as flexible as you claim, ie paying when you can afford it.

As CC has stated, you need to pay the £90 online. Make sure it goes to the correct account, otherwise it will just go towards this current years account.

You should then write to the council, informing them that your account is now settled. Advise them that their agents have visited you, harassing you for this debt, despite never going through the compliance stage. The agents are threatening to return & the council should take note that if they do, they will be there illegally as they have no lawful right to visit you. You will not be paying any illegal fees and you now request the council to remove the £235 from your account. Should the council be unwilling or unable to do so, can they please write back within 14 days so as to enable you to escalate this into a formal complaint. You should also mention that you were visited for a debt of less than £100 (ignore Rossendales misguided interpretation of the regulations)

If you own a vehicle or anything else of value outside your home, this needs to be moved because if Rossendales get hold of your goods, they will hold all the trump cards. Needless to say, you DO NOT allow them in. Ask them to leave your property as they are there as trespassers. They haven't met with the compliance stage so cannot visit you legally. In addition, the account is now settled.

Send a copy of the letter to Rossendales. You will not fall into the "vulnerable persons" category but there is no harm in mentioning all of your issues.

[ploddertom]

Re: Rossendales council tax, large fees

If you have been paying them since 2011 do you know what fees they have charged in all that time? Time to be asking for a breakdown methinks.

[TanyaPatrick]

Re: Rossendales council tax, large fees

Hi thank you for replies. I am definite of the facts. I have been paying what I have described. Not sure I can be any clearer. I have had no contact at all with a bailiff until today. All payments I paid went through online with my credit card on www.Rossendale.com I have had an account with them since late 2011. Only when I didn`t make a payment have they begun making a noise. Each time I pay it gives me a balance of what I owe left. When I checked it this morning online my account with them will not let me pay any money but refers me to an enforcement officer and his phone number. The same one who visited my doorstep today. It has been very flexible of what I can afford. Some months were more than others. No formal agreement was made or signed or list of my possessions etc. As I had a letter direct from them passed to them by the council. No person has visited my home until today. I really can not say anything else. I am just shocked that getting to £90 left they went to this extreme. Will let you know outcome of the council and Rossendale if they reply or I get any joy. I am not with this council as I moved home in September 2011 to another county. I am in Somerset now I was in West Berkshire. The bill is a West Berkshire council one.

[Crazy council]

Re: Rossendales council tax, large fees

If you have been paying them since 2011 do you know what fees they have charged in all that time? Time to be asking for a breakdown methinks.

Hi plodder tom.. i agree with you here, rossendales seem to up debts on people that pay them, mess people about to keep them in debt, you get worse treatment if they have previously made proffit from your accounts....

[Guest]

Re: Rossendales council tax, large fees

Hi thank you for replies. I am definite of the facts. I have been paying what I have described. Not sure I can be any clearer. I have had no contact at all with a bailiff until today. All payments I paid went through online with my credit card on www.Rossendale.com I have had an account with them since late 2011. Only when I didn`t make a payment have they begun making a noise. Each time I pay it gives me a balance of what I owe left. When I checked it this morning online my account with them will not let me pay any money but refers me to an enforcement officer and his phone number. The same one who visited my doorstep today. It has been very flexible of what I can afford. Some months were more than others. No formal agreement was made or signed or list of my possessions etc. As I had a letter direct from them passed to them by the council. No person has visited my home until today. I really can not say anything else. I am just shocked that getting to £90 left they went to this extreme. Will let you know outcome of the council and Rossendale if they reply or I get any joy. I am not with this council as I moved home in September 2011 to another county. I am in Somerset now I was in West Berkshire. The bill is a West Berkshire council one.

No need to be shocked. Rossendales are doing this quite frequently at present. You must quote the following from The Tribunals, Courts and Enforcement Act 2007 (Consequential, Transitional and Saving Provision) Order 2014:
(3) Paragraph (4) applies where, before 6th April 2014—
(a)a liability order has been made or (as the case may be) the authority has issued a warrant for the enforcement of a specified debt, under—
(i)the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989(3);
(ii)the Council Tax (Administration and Enforcement) Regulations 1992(4);
(iii)the Child Support (Collection and Enforcement) Regulations 1992(5); or
(iv)the Enforcement of Road Traffic Debts Order 1993(6);
(b)a visit has (or visits have) been made to premises, or premises have been attended, to levy distress or with a view to levying distress; but
(c)no goods have been seized and possession (whether close or walking possession) has not been taken of any goods.
(4) Where this paragraph applies, the action taken is to be regarded as constituting the compliance stage within the meaning of regulation 5 of the Taking Control of Goods (Fees) Regulations 2014, but the fee for the compliance stage will not be payable and instead, there may be recovered, as appropriate—
(a)the fees for the matters under heads A(i) and A(ii) in paragraph 1 of Schedule 3 to the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 in relation to the visit or visits;
(b)the fees for the matters under heads A(i) and A(ii) in paragraph 1 of Schedule 3 to the Council Tax (Administration and Enforcement) Regulations 1992 in relation to the visit or visits;
(c)the fees for the matters under heads A and BB in paragraph 1 of Schedule 2 to the Child Support (Collection and Enforcement) Regulations 1992 in relation to the visit or visits and any associated letter; or
(d)the fees for the matters under heads 1 and 3 in Schedule 1 to the Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993(7) in relation to the visit or visits and any associated letter

If they've never visited you previously, the £235 is illegal

[ploddertom]

Re: Rossendales council tax, large fees

If they've never visited you previously, the £235 is illegal

Even more important to get a breakdown as who knows what they have said they have done. Even more important is to obtain details of everything from the Council just to ensure they are chasing the right amount and not one that Rossendales have concocted. You need to speak to someone at the Council and ask the following questions:
1 - how many Liability Orders they have against you
2 - the dates they were obtained
3 - the addresses they were for
4 - the period of time each covers
5 - how much each one was for
6 - how much is still outstanding
7 - the dates they were passed on for enforcement
8 - the dates & amounts of any payments

[Crazy council]

Re: Rossendales council tax, large fees

Will let you know outcome of the council and Rossendale if they reply or I get any joy. I am not with this council as I moved home in September 2011 to another county. I am in Somerset now I was in West Berkshire.

ahha, right, deal direct with rosenrobbers... council will try wash there hands of it because your not there tax payer anymore. so, rossendale will just lie to you and do everything to mess you about and make you pay more.... If you have a checkbook, send them a check, or if you have there account bank account number, make them a transfer with a reference then send them proof with the reference.

Also, am not sure they can charge that charge on an old account, they can new ones, but i think yours would still be on old rules..so

Send them another email, say, that after you have reviewed the conversations with the bailiffs and have had some advice. Ask them to either immediately take the £ 90 settlement, or supply you with all charges against your account since commencement. Ask them to explain there latest charge.

Tell them if the matter is not settled immedeatly, you wish to contact your old MP, your current MP your old council, and have them review the charges over the full account and pay the remainder to the council.. Hence you need the charges asap.

Dont give them time, they will just use every opertunity to mess you about.

[Guest]

Re: Rossendales council tax, large fees

Even more important to get a breakdown as who knows what they have said they have done. Even more important is to obtain details of everything from the Council just to ensure they are chasing the right amount and not one that Rossendales have concocted. You need to speak to someone at the Council and ask the following questions:
1 - how many Liability Orders they have against you
2 - the dates they were obtained
3 - the addresses they were for
4 - the period of time each covers
5 - how much each one was for
6 - how much is still outstanding
7 - the dates they were passed on for enforcement
8 - the dates & amounts of any payments

I was thinking along the lines that asking for a breakdown is giving them the opportunity to add a ficticious visit fee. (why would you ask for a breakdown of fees if no visits have taken place?) The debtor seems pretty aware of what was owed and what is outstanding so my thinking was to see what comes back before asking for the breakdown.

[Wombats]

Re: Rossendales council tax, large fees

Tanya,

Were you paying Rossendales as debt collectors or as bailiffs - they do both? Have you anything in writing?

I'm more inclined towards the breakdown of fees approach, but can see merits in both TBH.

[Guest]

Re: Rossendales council tax, large fees

Wombats-Rossendales do not work in a debt collecting capacity when collecting CT arrears under a LO.

In addition, the two priorities here are 1. to stop recovery action & 2, to get the illegal fees removed.

In the grand scheme of things, asking for a breakdown of fees is irrelevant & can be done at any point in the future. As the debtor is adamant that no previous visits have taken place, no charges could have been added (save for card fees on payments). If Rossendales claim any different, then that is the time to ask for a breakdown of fees, along with a formal complaint to the council which will then put a hold on recovery action.

[bizzybob]

Re: Rossendales council tax, large fees

Those card fees could also be unlawful, if they are say a fiver a pop, but any breakdown should itemise them.