Rossendale Bailiffs Help PLEASE URGENT!!!

[jacky483]

This is my first time posting so I'm still getting the hang of this and hope I posted in the correct forum.

Basically I had an enforcement officer at my door this morning but I was out so my husband spoke to him. He did however leave a letter with a phone number and saying that I must pay £950 by next week Tuesday for an old council tax bill dating back 3 years from a previous address.
I won't have the money by then.
I called the number on the letter to be told quite rudely I would need to get the money by then or he would come back with his enforcement removal team and tale goods from the house. When I asked if they had a court order he said no but a liability order from court or something. I told him I'm willing to pay but but I have to pay it off which the guy on the phone once again very rudely basically told me tough I have to have it by next week.

I don't know what to do 😢😢
Do I have to let them in??
Can they force entry if we are away as we are going away for a week next week and I'm worried that they will break down the door while we are away.

ANYONE HELP PLEASE??!!

P.S. no one has been in my house and I don't plan on letting them in.

Also I have just searched high and low and found 2 letters dating the same date but both with different amounts and reference numbers on them but the letter left for me today states I owe £950 rather than the original £370 which was the council tax bill.

where have the extra £600 come from??

**

[PAWS]

Re: Rossendale Bailiffs Help PLEASE URGENT!!!

Hi Jacky.
One of the clever beagles will be along soon to help. Trynot to fret. You will get good sound advice.
Paws xxxxxxxxxxxxxx

[Kati]

Re: Rossendale Bailiffs Help PLEASE URGENT!!!

You will not be arrested for not paying the bailiffs on Tuesday

just to start off; have you had any contact with the bailiffs or the council before today (you should have had at least two letters previous to the visit, if not more)?? Are you disputing the debt?? Are you on any benefits (could you be classed as vulnerable?)??

As the debt is for Council Tax, the bailiff CANNOT force entry! They can, however, enter your property peacefully through an open or unlocked door (keep them locked/safety chain on) If you want/need to speak with them, do so through an open window or keep a chain on your door.

First things first ....
Ring your council tomorrow morning to get answers to the following:
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

The answers you will be given will help to find out which charges can legally be applied to the account (new bailiff rules came out on April 6th)

IMO I cannot see why Rossendales are not willing to come to an arrangement in regards to payment - maybe you should also think about putting in a complaint about their intimidating/threatening behaviour too??

[jacky483]

Re: Rossendale Bailiffs Help PLEASE URGENT!!!

It is one outstanding debt from one council tax bill dating 3 years back. I know what address it is for and I left that address 3 years ago. I have had 2 letters from rossendale dated 17th June 2014 but both with different reference number and different amount owed on each. So in June one letter said I owe £322 and the other said I owe £397. But we're both dated the same date which means printed the same day. And today 27th July 2014 I apparently owe £954.22???? But since the 2 June letters have heard no more. So in one month with no contact or visit they have added over £600???

I am not letting anyone in that's for sure.
But just wondering if they can't levvy any goods inside or outside my home what will happen then?

[Kati]

Re: Rossendale Bailiffs Help PLEASE URGENT!!!

Contact Rossendales and ask for a breakdown of the fees/charges - find out from your council WHEN the contract was passed to bailiffs - if after 6th April, there are new rules regarding these charges (I'll look them up and post them later)
From:
My Name
My Address

To:
Acme Bailiff Co
Bailiff House

Ref: Account No: 123456

Dear Sir

With reference to the above account, Can you please provide me with a breakdown of the charges.

This includes:
a - the time & date of any Bailiff action that incurred a Fee.
b - the reason for the fee.
c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.
d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at.
e - the date of the Certification.

This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

I require this information within 14 days.

Yours faithfully

xxxxxxx


(thanks Amethyst for the template :tinysmile_twink_t2

It's strange that you have 2 different letters dated the same day with 2 different amounts and 2 different ref# on them - could they be chasing two different debts??

As for them taking goods .... make sure your car is not parked in an obvious place (use a garage or park away from your house). If they cannot levy goods then they might pass the debt back to the council (fingers crossed they do) although I'd be surprised if they didn't try to get you to pay them in full again first.

If they are not allowed entry to your house, they should not be able to levy any goods inside - and they cannot force entry or come in through an open window etc...

If you are mailing letters to bailiffs or the council, always send recorded/signed for. Ask the council to put a hold on bailiff action while you are gathering required information. Get all the details from both the council AND Rossendales.

Mostly though, try not to worry!!

Kati

[Kati]

Re: Rossendale Bailiffs Help PLEASE URGENT!!!

From April 6th 2014 bailiff charges are:

Compliance Stage (usually first letter) ............................................... £75.00

Enforcement Stage .................................................. ............................... £235.00

Sale & Disposal (of Goods Seized) .................................................. .. £110.00

As they have not seized anything the £110.00 charge would not apply, meaning that if enforcement action was started AFTER this date, the most you could be charged is £310.00 up to now not the £600 they are charging.

[jacky483]

Re: Rossendale Bailiffs Help PLEASE URGENT!!!

Hi kati,

No the debt is definitely for one thing only. I just double checked the letters and on both it says the client is the council.
so I am also a bit confused as to why they both have different amounts on them yet are both dated the same day but have a £70 difference in the amount ob the letters and now I apparently owe over £950!!!???

I felt so intimidated by that guy on the phone, he was so rude. I said I am willing to pay but can't pay it all in one to which he basically replied well payment needs to be paid in full by 29th July so I better ask for money off relatives etc... If I haven't paid by then he will come with his removal team and take my things.
Also our car isn't in my name. It belongs to my husband and is on finance so surely they can't take that?

I am just scared of them turning up at my door again and demanding money in the intimidating manner they did today :-(

[Kati]

Re: Rossendale Bailiffs Help PLEASE URGENT!!!

When you contact the council tomorrow, inform them of the bullying tactics of their agents (the bailiffs are contracted by the council and have to answer to them) and insist on a complaint being logged. Write to them explaining this too and send a copy to Rossendales head office (both signed for/tracked letters). Explain to the council that you have offered to pay, but requested a payment plan which was totally refused.

Remember ... If they have not been allowed entry to your property, they cannot force their way in to seize goods.

The car is not yours, and is on finance - if the bailiffs tried to take/clamp it as 'payment' towards your debt they are behaving both illegally and immorally. If they attempt to take the car, you would be more than within your rights to call the police and have them arrested!! Tell both the council AND Rossendales that the car is not yours, and be willing to show proof of this if required.

Keep questioning the fees. Ask the questions I have advised of both the council and bailiffs. Do not pay anything to Rossendales until you have the evidence/proof you need 1st!!

Kati x

[jacky483]

Re: Rossendale Bailiffs Help PLEASE URGENT!!!

So if I ring the council or the court where it is logged as I just checked there is a ccj on my credit file for this debt and pay them directly if the let me then what happens?
Would they still be back for their fees? I am not willing to pay this as it's bullcrap.
I know they are coming back next week and I'm not letting them in.
I will not be bullied or scared in to something that's for sure. I will also ring citizens advise bureau and ask them for some help.
I just don't get the 2 different amounts and now a grand total of £954.22.

[Guest]

Re: Rossendale Bailiffs Help PLEASE URGENT!!!

It's looking to me like there are 2 different accounts here, hence the 2 separate reference numbers and 2 separate figures add them as follows:

£322
£397
£235 (enforcement fee for the visit)
Total-£954

They have probably visited the old address under the old regs to satisfy the compliance stage.

You do need to find out the info, as per post #3.

You need to write a formal complaint to the CEO of your council. You need to tell him/her that Rossendales are demanding you pay the entire balance within 1 week. Not only do you not have this kind of money but you also require an explanation of how Rossendales have arrived at this figure. In addition to the info requested in post #3, you require the date that any enforcement action incurred a fee, the reason for this fee and the amount of the fee. You would also like to know why Rossendales have taken so long to contact you at your current address.

Whatever the amount that you owe, you will need time to pay and you want a payment plan set up. To demand payment in full or to pressurise the debtor into punitive repayment plans is in conflict with guidance from both the MOJ and the DCLG.

Whilst this complaint is being investigated, you require all enforcement action to be suspended.

As long as you don't have a car on the drive, the bailiff cannot do anything while you are on holiday. I would telephone him the day you are going and tell him you are going away on holiday, there is no car on the drive and that you have filed a formal complaint into the council.

[jacky483]

Re: Rossendale Bailiffs Help PLEASE URGENT!!!

Yes but I only have one amount I owe for council tax not 2. I know that for a fact. The original council tax bill and the amount on it is for £346. I can see this on my credit file. So is it still the council I need to ring or the court?

[Kati]

Re: Rossendale Bailiffs Help PLEASE URGENT!!!

Contact the council as per post #3 and the bailiffs as per post #5 - find out all the info from both.

Ask for the account to be put on hold while this is happening.

Put in a formal complaint to both the council and rossendales about the threats and intimidation too!!!

[Guest]

Re: Rossendale Bailiffs Help PLEASE URGENT!!!

Yes but I only have one amount I owe for council tax not 2. I know that for a fact. The original council tax bill and the amount on it is for £346. I can see this on my credit file. So is it still the council I need to ring or the court?

I wouldn't ring either. I would put it all in writing. Given the urgency, I would email it as well. Send a copy of the complaint to Rossendales.

I'd say its pretty certain that they are charging you for 2 separate tax years. Be sure to ask why Rossendales have only contacted you now, given that the accounts are 2 or 3 years old.