Rossendales

[Vijay]

I had a letter for a council tax debt £882 I called them to say I can make 2 payments, they said they will need the full Payment or send someone round to collect the money which j told them again I don't have. I offered to pay half Monday and half next month they said they will speak to their manger and get back to me. They never called back and came to my address and charged me another £175.
I called them to say they were going to call me back, they said they forgot and if I didn't pay in full they will come again and charge me.
They are not prepared to take 2 payments knowing I can't pay in full. But want to keep adding to the bill by coming again and sending me letters.

Now the debt is higher and I still can't pay in full but they will keep increasing. I called them today and they said they will look into it and call me back today and they didn't.

Is there a maximum they can charge and at what stage will they stop adding and accept a repayment plan. ?

Thanks.

[ploddertom]

Re: Rossendales

First off you need to find exactly how much you owed as confirmed by the Council. Prior to this you should have had several letters telling you the money was owed as the Council have now obtained a Liability Order against you meaning they can take several lines of enforcement against you of which Bailiffs are just one.

With it having been passed to Bailiffs you should have received a Notice of Enforcement telling you to make contact and pay in full or come to an arrangement to pay in instalments that are acceptable. The letter should give a date & time by which you should do this - they are allowed to add a Compliance Fee of £75 for this. If you fail to make contact the next you will know is when they visit and this adds another £235 to the bill. They can add no more fees unless they have been able to make a Controlled Goods Agreement of your effects and then take them for sale.

Whatever happens do not allow them access to your home and move anything of value outside. If you have a car then that needs to be moved.

Before commenting further we need to know exactly what letters you have had alongwith all applicable dates.

[charitynjw]

Re: Rossendales

Hi @ploddertom

For general info, can bailiffs nowadays get an entry warrant from the court?
[MENTION=8136]outlawlgo[/MENTION]?

[Vijay]

Re: Rossendales

I had no letters from the council, I made all my payments except the last one as I thought it was paid off. I just had a letter from Rossendales. My rates outstanding was £807 plus Rossendales added £75 which was fair enough. I told them I will make the 2 payments one in Monday and one next month. They said they would not accept that and needed full payment to which I said I couldn't pay but was offering a reasonable repayment plan. They just kept saying no they wouldn't accept it.
Even though they said they will call me back they didn't and just turned up to collect the full payment and now have added another £175 to the bill. When I called them again yesterday they still wouldn't accept a repayment plan. They just said they will come again if I don't pay in full.

[charitynjw]

Re: Rossendales

Hi Vijay

Do take heed of [MENTION=26498]ploddertom[/MENTION] 's advice - a car will be their target of choice.

You state that you haven't received any letters from the council - afaIk, most (if not all) are using automated systems to send letters.

Didn't you receive notification of the Liability Order via magistrate's court?

[Vijay]

Re: Rossendales

No I didn't receive any letters as I missed the payment 18 March and within a week I had a letter from Rossendales.

[charitynjw]

Re: Rossendales

No I didn't receive any letters as I missed the payment 18 March and within a week I had a letter from Rossendales.

Obviously, your main priority must be to get Robbingdales off your back.

But, just for info, can you think of any good reason why you have not received all these letters?

[ploddertom]

Re: Rossendales

If you have not received anything prior to this you must check with the Council as to where everything has been going - including Postcode.

[ploddertom]

Re: Rossendales

In my view they have refused what seems to be a more than reasonable offer to clear the debt and did this solely to engineer a claim for an Enforcement Visit & Fee.

As it is the weekend not all is lost and you should contact your local Councillor(s) and advise them of the position and ask they intervene on your behalf first thing on Monday morning. You should also write a letter of Complaint to the Head of Revenues at the Council advising you will refuse to have anything with Bailiff as in your opinion you have made more than a fair offer which clears the debt in its entireity within a month. The Bailiff has refused this offer and it is your view this was done solely to garner fees for himself & his company.

You also need to tell them that whilst you are more than prepared to pay the £75 Compliance Fee, you refuse to accept the Enforcement Fee of £235 and in any case Enforcement should be halted until this is resolved.

[ploddertom]

Re: Rossendales

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For general info, can bailiffs nowadays get an entry warrant from the court?

Depends on what it is for. For Magistrates Court Fines the Warrant already carries the power of forced entry. There is also the provision within the TCGR to apply for forced entry in other cases but this is usually reserved for High Court Writs or even CCJ's being enforced by the County Court Bailiff where there appears to trappings of wealth eg a 6 bedroom mansion with Bentleys on the drive where the debtor refuses to pay or engage with the Bailiff.

[Vijay]

Re: Rossendales

thanks, yes i will call the council monday morning and update them. when i called the council after i had first spoke to rossendales they just said they wouldnt deal with me or take payment as the debt had been given to rossendales as i had defaulted on payment.
twice rossendales said they will call me back but they didnt and like you say they have refused my reasonable offer and not called back just so they can add the extra fees.
will they charge me again for coming back out as this is what they are threatening to do.

[ploddertom]

Re: Rossendales

will they charge me again for coming back out as this is what they are threatening to do.

Be very interesting to see if they do. & for what.

4

[charitynjw]

Re: Rossendales

thanks, yes i will call the council monday morning and update them. when i called the council after i had first spoke to rossendales they just said they wouldnt deal with me or take payment as the debt had been given to rossendales as i had defaulted on payment.
twice rossendales said they will call me back but they didnt and like you say they have refused my reasonable offer and not called back just so they can add the extra fees.
will they charge me again for coming back out as this is what they are threatening to do.

If it were me, I'd have a video camera ready, & witnesses to the incident.
Also, I'd demand proof of the bailiff's name, number & authorisation.

[Vijay]

Re: Rossendales

I have his name and number as I have been dealing with him on the phone.

[ploddertom]

Re: Rossendales

Have you checked to make sure he is suitably Certificated & works for the company he says he does.

http://certificatedbailiffs.justice....catedBailiffs/