help please

[paulcalvert1994]

Hello I wonder if you would be able to help
So back in July my mum was contacted by rossendales and was told by them that due to the fact she hadn't paid her council tax this year they had got involved. She agreed to pay it back at £12.50 I'm not sure if it was fortnightly or weekly but she was supposed to receive a letter from them with the bar code so she could pay it at the post office. He was due to ring her on the 7th August as if the letter hadn't arrived she was going to pay it over the phone then via card.

However today she has had a person from rossendales turn up saying that it's been taken to the courts and he's come to either obtain the payment or collect goods to pay the debt off. Now my mum had no idea about this and she has never received a letter from them is there anything she can do. She didn't let them inside the house she only spoke to him on the doorstep.

[bizzybob]

Re: help please

Make sure she doesn't let them in.

[paulcalvert1994]

Re: help please

She didn't luckily she spoke to him on the door step unless that counts? They can't get permission to force their way in can they

[paulcalvert1994]

Re: help please

Ok so she got another letter today saying the bailiff will come back on Tuesday to remove goods even if she's absent. Does this mean they can force their way in

[Kati]

Re: help please

Ok so she got another letter today saying the bailiff will come back on Tuesday to remove goods even if she's absent. Does this mean they can force their way in

No!!! They cannot force their way in (or break in) without a court order

Can you email me a picture of the letter so I can upload it (redacted) for the other Beagles to see (kati@legalbeagles.info)?

[paulcalvert1994]

Re: help please

No!!! They cannot force their way in (or break in) without a court order

Can you email me a picture of the letter so I can upload it (redacted) for the other Beagles to see (kati@legalbeagles.info)?

Will do

[Kati]

Re: help please

OK got it



now ... as this is a CT debt, the bailiffs cannot force entry into a property. They can only enter peacefully through a "normal means of entry" (so no climbing through windows or breaking in etc..., they have to come through an open/unlocked door).
They can, however, take goods from the garden (if accessible) or levy on a car (if it's parked on the driveway for example).

Has your mum been onto the council about this? They are ultimately answerable for the bailiffs (they 'hire' them). She could possibly email the council (and Rossendales) and complain that there was no way she could pay what had been agreed as they didn't provide her with a bar-coded letter? The council should be able to get the bailiffs to cease collection activity until she has a means to pay.

Head the emails "Formal Complaint" to ensure they are acted upon
[MENTION=9189]bizzybob[/MENTION] might have other ideas too

[paulcalvert1994]

Re: help please

OK got it



now ... as this is a CT debt, the bailiffs cannot force entry into a property. They can only enter peacefully through a "normal means of entry" (so no climbing through windows or breaking in etc..., they have to come through an open/unlocked door).
They can, however, take goods from the garden (if accessible) or levy on a car (if it's parked on the driveway for example).

Has your mum been onto the council about this? They are ultimately answerable for the bailiffs (they 'hire' them). She could possibly email the council (and Rossendales) and complain that there was no way she could pay what had been agreed as they didn't provide her with a bar-coded letter? The council should be able to get the bailiffs to cease collection activity until she has a means to pay.

Head the emails "Formal Complaint" to ensure they are acted upon
[MENTION=9189]bizzybob[/MENTION] might have other ideas too

She emailed rossendales and got no response and she ran up the council today and was told they could do nothing

[Kati]

Re: help please

She emailed rossendales and got no response and she ran up the council today and was told they could do nothing

... the council EMPLOY the bailiffs - they are in control; and can recall the debt at any time! Can you email the council CEO?

[paulcalvert1994]

Re: help please

... the council EMPLOY the bailiffs - they are in control; and can recall the debt at any time! Can you email the council CEO?

I could do if I knew their email address

[Kati]

Re: help please

PM'd you [MENTION=72742]paulcalvert1994[/MENTION]

[ploddertom]

Re: help please

Suggestion contact your mums local Councillors and ask they intervene. Do it this weekend. You can find out you to contact via the Councils website or https://www.writetothem.com/

[paulcalvert1994]

Re: help please

Ok so i contacted them for her but they told her she had to speak to the council tax office or whatever they are called.
Anyway she recieved a letter yesterday from rossandales dated from the 22nd of october saying if she dont respond within 7 days they are going to take her to court for refusal of payment when she has explained to them she hasnt got anything worth selling and cant afford to pay it all in one go. Can they legally do this

[Kati]

Re: help please

Ok so i contacted them for her but they told her she had to speak to the council tax office or whatever they are called.
Anyway she recieved a letter yesterday from rossandales dated from the 22nd of october saying if she dont respond within 7 days they are going to take her to court for refusal of payment when she has explained to them she hasnt got anything worth selling and cant afford to pay it all in one go. Can they legally do this

It's Council Tax ... Rossendales CANNOT take her to court, it would be up to the council to do that!! All your mum has to do is show a willingness to pay :nod:

Contact the council today and put in a complaint about the way your mum is being treated (copy in Rossendales). Head it "Formal Complaint". Explain how she is willing to pay, but will have to set up a payment plan in order to do so.

[Abi-j]

Re: help please

Hi, just wanted to say I was in this position from Thursday 22nd October until yesterday 27th October. I emailed the bailiff company and my local council and advised them all communications should be done in writing / email/ text. I had no reply from anyone until the bailiff started texting me threatening messages. I then screen shot everything and emailed to my council and bailiff office, After no reply I rang my local council and after being told "it's with the bailiffs you need to contact them" I asked to speak to the manager of the taxation department and a lovely lady called me.back. She'd read all my emails and had spoken to the bailiff and had my case returned to the council. The council then told me to pay £5 a month. The bailiff said I had to pay £100 upfront and £12.50 a week. It might not be much help but maybe you could do as I did and ask the council did they sell the debt to the bailiff because if they didn't then it's the council the money is owed to. I also made a token payment to the council online which helped them to take the debt back as they cannot refuse payment.
Hope you get it sorted x