Urgent help needed in next 72 hours

[theGobbyOne]

Hi guys

Long story short my daughter hasnt paid her council tax and its gone to a bailiff. Silly girl ignored a letter entitled Final Warning on 21st April 2015 and the bailiff has visited her home today Tuesday 5th May put a letter through door saying she has till 8th May to pay in full £559 the debt is £229 and the other £320 is his charges. He has said in the letter he will remove goods on 11th May even if shes not at home!!!

She is a single parent with long term mental health issues and I feel this puts her in the vulnerable group is this correct??.

I also feel that 72 hours is disproportionate as she will not be able to access legal help or debt help via CAB before this time.

I have left a message on his mobile phone asking him if he has served her with an enforcement notice and disputing the 72 hours she has to pay. I have also told him she is a single parent with long term mental health issues and am awaiting a return call. Any advice asap would be great.

[Kati]

Re: Urgent help needed in next 72 hours

[MENTION=30402]Milo[/MENTION]?? [MENTION=26498]ploddertom[/MENTION]?? [MENTION=56037]Big Al[/MENTION]?? [MENTION=60180]L.Bizzy[/MENTION]??
can anyone help here please

[Kati]

Re: Urgent help needed in next 72 hours

So ... no one yet but I've got a bit of reading you could get on with if that's OK?? It's quite a lot to get through, but it means you'll be more up to date with the regulations

K xx

[theGobbyOne]

Re: Urgent help needed in next 72 hours

So ... no one yet but I've got a bit of reading you could get on with if that's OK?? It's quite a lot to get through, but it means you'll be more up to date with the regulations

K xx

Thanks will start reading that little lot now!!!

[Kati]

Re: Urgent help needed in next 72 hours

Which bailiff firm is it?? and which council??
It might be an idea to get formal complaints in to both of these in an attempt to stop this bailiff returning and (hopefully) get her payment schedule back up and running xx

[theGobbyOne]

Re: Urgent help needed in next 72 hours

Which bailiff firm is it?? and which council??
It might be an idea to get formal complaints in to both of these in an attempt to stop this bailiff returning and (hopefully) get her payment schedule back up and running xx

Hyndburn Borough Council and the bailiff is from Rossendales

[Kati]

Re: Urgent help needed in next 72 hours

complaints@rossendales.com

Complaints must be submitted in writing in order for our team to investigate your case and provide a detailed response to your enquiry.
Stage 1 We will try to address and resolve your complaint in full at this initial stage.
The best people to sort out most problems are often those who provide the service and so we will speak with you first and then with them to ensure all views are obtained.
We will write to you within three working days to let you know that we have received your complaint. In the letter we will let you know who is dealing with your complaint and the date by when you should receive a response.
We aim to respond within 10 working days. If there is any reason why we can’t, we will contact you and let you know when to expect our response.

Stage 2 If you are not happy with the outcome of Stage 1, you can take the matter further. We will include details of how to do this in your Stage 1 response letter.
At Stage 2 your complaint and how we dealt with it will be investigated by our Group Legal and Governance Director who, where possible, will have had no previous involvement with your complaint.
Again, we aim to respond within 10 working days or we will contact you and let you know when to expect our response.

---

Stage 3 If you are still not satisfied after the Stage 2 investigation, you can ask for your complaint to be considered again by two independent members of the Marston Advisory Group. The independent members will carry out an impartial review of your complaint.

They aim to respond within 20 working days. If there is any reason why they need more time, they will contact you and let you know when to expect a response.

from here - http://www.rossendales.com/index.php/making-an-enquiry

[theGobbyOne]

Re: Urgent help needed in next 72 hours

Still waiting for the bailiff to ring me back................my betting is if I had left a message offering to pay the debt in full he would have rung me back within 5 minutes!!!

[bizzybob]

Re: Urgent help needed in next 72 hours

If the door is kept closed the bailiff cannot force their way in unless she let them in previously and let them Take Control of Goods.

[Kati]

Re: Urgent help needed in next 72 hours

http://www.hyndburnbc.gov.uk/site/scripts/contact.php

Contact the council

Contact Hyndburn Borough Council directly from this web site using our feedback form or alternatively, you can contact us using the details below.
Telephone +44 (0) 1254 388 111
Email enquiries@hyndburnbc.gov.uk

Get your daughter to put in complaints about the bailiff (email's fine) to both To$$endales and the council, stress your daughter's MH issues and ask for extra time to pay ... from what I've read so far, she should definitely be classed as 'vulnerable' for this so it should give you some leeway
If your daughter cannot do this, then get a *signed* letter drafted giving YOU permission to deal with it on her behalf.

They cannot refuse a manageable payment plan.
They cannot force entry, only come in peacefully.
They cannot enter via a window.
They cannot look through the window to do an inventory (for a walking possession)

Keep calm, read up, get the complaints in asap xx

[theGobbyOne]

Re: Urgent help needed in next 72 hours

I will be writing the complaints this evening myself and submitting rossendales via email tonight.

[Kati]

Re: Urgent help needed in next 72 hours

Still waiting for the bailiff to ring me back................my betting is if I had left a message offering to pay the debt in full he would have rung me back within 5 minutes!!!

If it was me, I'd be doing formal complaints all round :lol:

[theGobbyOne]

Re: Urgent help needed in next 72 hours

If the door is kept closed the bailiff cannot force their way in unless she let them in previously and let them Take Control of Goods.

Shes never let them in to be honest she hides upstairs when anyone comes and doesnt even answer her phone unless I text her to tell her its me ringing on house number!!

[Milo]

Re: Urgent help needed in next 72 hours

Hi guys

Long story short my daughter hasnt paid her council tax and its gone to a bailiff. Silly girl ignored a letter entitled Final Warning on 21st April 2015 and the bailiff has visited her home today Tuesday 5th May put a letter through door saying she has till 8th May to pay in full £559 the debt is £229 and the other £320 is his charges. He has said in the letter he will remove goods on 11th May even if shes not at home!!!

She is a single parent with long term mental health issues and I feel this puts her in the vulnerable group is this correct??.

I also feel that 72 hours is disproportionate as she will not be able to access legal help or debt help via CAB before this time.

I have left a message on his mobile phone asking him if he has served her with an enforcement notice and disputing the 72 hours she has to pay. I have also told him she is a single parent with long term mental health issues and am awaiting a return call. Any advice asap would be great.

So sorry to hear of your daughters health problems. Unfortunatly, the letter (Final Warning) meant that the debt had passed the 'Compliance Stage' (which is the time period given on the Notice of Enforcement when payment proposals can be put forward) and means that the account has now been referred to an individual bailiff for the purpose of 'taking control' of your daughter's goods. It would now seem that a second personal visit has also been made.

On your point about 72 hours, this is actually not seen as disproportinate given that the purpose of the visit is to 'take control of goods' and therefore the bailiff is not required to give any notice period.

Yes....it would seem that your daughter is 'vulnerable' but what should have happended is for your daughter to provide some evidence during the 'Compliance Stage'. For one reason or another that does not seem to have been done. What needs to happen now is for some evidence to be sent to Rossendales. The account will either then be referred to their Welfare Dept or returned back to the local authority (in which case bailfif fees are removed).

Is your daughter able to provide Rossendales with some evidence to support her mental health problems? Also, is she in receipt of any benefits?

[theGobbyOne]

Re: Urgent help needed in next 72 hours

So sorry to hear of your daughters health problems. Unfortunatly, the letter (Final Warning) meant that the debt had passed the 'Compliance Stage' (which is the time period given on the Notice of Enforcement when payment proposals can be put forward) and means that the account has now been referred to an individual bailiff for the purpose of 'taking control' of your daughter's goods. It would now seem that a second personal visit has also been made.

On your point about 72 hours, this is actually not seen as disproportinate given that the purpose of the visit is to 'take control of goods' and therefore the bailiff is not required to give any notice period.

Yes....it would seem that your daughter is 'vulnerable' but what should have happended is for your daughter to provide some evidence during the 'Compliance Stage'. For one reason or another that does not seem to have been done. What needs to happen now is for some evidence to be sent to Rossendales. The account will either then be referred to their Welfare Dept or returned back to the local authority (in which case bailfif fees are removed).

Is your daughter able to provide Rossendales with some evidence to support her mental health problems? Also, is she in receipt of any benefits?

She works part time but gets DLA care component middle rate and mobility lower rate for her mental health.

Am also considering telling her to get a DRO as she has other debts but no car etc so no assets.