URGENT! help with Rossendales Bailiffs needed

Macavity94

Hi, I have this exact same problem, I'm not a strong person and very scared, I am a single parent with 4 children, I got into debt and haven't paid my council tax for a couple of years, I want to set up regular payments to them but so far no one has responded to my request, had no contact from the council, court or rossendales for about 6 months until yesterday when I came home from work to find a bailiff had been leaving a liability order and a mobile number to ring him, demanding full payment in 24 hours or he will come back to remove goods from my property, I've spoken to national debtline who've given me advice but am more worried that he will turn up while my children are there home from school before I get home from work, any advice would be very welcome

blenheim7

Unfortunately i've had to deal with these cowboys. I fell behind with my council tax due to being made redundant,i do whatever agency work i can get which some months could be just 10 days work so i don't have a guaranteed income.
I got a letter from a Rossendale bailiff saying he wanted full payment within 7 days or he would be back to take goods from my house.I called him on his mobile and he was quite intimidating,his exact words to me were "It's best you see me before i come and see you if you know what i mean." I arranged to meet him to come to an instalment arrangement (i had no intention of letting him into my house)
I waited in for him but no one knocked on my door,later that evening i had to go to the shop and found a letter wedged in my letterbox with my car number on it saying if i didn't pay up then he would be back to take my car.I thought how spineless can you get!!
I called Rossendales and offered them a MINIMUM of £100 per month which regarding my work circumstances i believed was a good offer but they said it wasn't good enough and insisted i pay £300 per month. I've gone without food and electric to get these bullies off my back,i've lost over a stone in weight and i still owe them £200 next month which i know full well i will not have because i've had no work. If they come and take my car then i will not be able to get to any jobs that the agency get me and i will not be able to pay anyone.
These are by far the worst people i've ever had to deal with and should be shut down.I know they have a job to do but bullying and worrying people like they have me is pushing things too far
Any advice would be most appreciated

dancingfairy

Arrrgh. O.k now they have levied on your car then they can come back and seize it and can add loads more on costs as well
How much is your car worth? Frankly the bailiff doesn't really want your car or the hassle of removing it and storage costs and trying to sell it etc etc, frankly they just want the council tax and their fees paid. However that's not to say they won't take your car. Hmmm.
Firstly I'd start by having a read of the factsheet on NationalDebtlines website and Iwould double and triple check the fees that your bailiffs are trying to charge you.
Secondly I'd look over the paperwork you'd been given and check that it is actually the correctpaperwork (and not some scribbled handwritten scrap of paper with yourcar reg on it).
Thirdly I'd draw up a payment plan and send it to them in the post and send acopy to the council and make it clear that you are being reasonable but they can't havewhat you haven't got (and then stick to it).
Hopefully some of the other experts will be along with more help and advice.
df

council2013

This is a story about Milton Keynes Council and Rossendales.......

It was the 26th Feb 2013 when my front door received a knock, before I could get there, my son (under 10 years of age) opened the door and was handed a letter not from our local postman but a stranger. My son then literally turned around and handed me the letter as the stranger moved off quickly......important to note, not one word had been uttered by the stranger.

So thinking it was a flyer, double glazing offer, I opened it and found that it was a letter with the following information.....

Rossendales

Notice of Bailiffs Attendance

Magistrates Liability Order / Warrant of Execution

Unpaid Council Tax

Amount Due £622.53 PLUS COSTS

If you cannot pay this amount in full you should be aware that even at this late stage with an initial payment of £110 you can still pay by installments.

To discuss the options open to you please contact me immediately on 07738321109 - 07738 321109 .Mr Scott bailiff in charge. The other number on the letter was Tel: 0844 701 3980 contact us

It was lucky that the stranger had moved off quickly after handing a letter like this to a child!

The letter contained no official paperwork and backup to the claims made but related to an address that I rented for 6 months in 2009 in Milton Keynes.

I have contacted Milton Keynes Council, David Bradley - Senior Revenues Advisor, to complain and make them aware that they are responsible for their bailiffs and debt collectors, the letter, handing it to my son and the fact that there is no paper work etc.....

I have sent emails and copied in the following -

becky.lovelock@milton-keynes.gov.uk (pa to Milton Keynes Exec)
admin@civea.co.uk (regulating body for Rossendales)
enquiries@oft.gsi.gov.uk (office of Fair trading)
editorial@mkcitizen.co.uk (Milton Keynes Citizen, local paper)
amanda.box@milton-keynes.gov.uk
phil.mcCourt@milton-keynes.gov.uk ( Phil McCourt, Head of Milton Keynes Legal)


These are the responses from their representative is David Bradley,
Senior Revenues Advisor, T: 01908 253692,F: 01908 253707, E: David.Bradley@Milton-Keynes.gov.uk, Milton Keynes Service Partnership LLP | Civic Offices | 1 Saxon Gate East | Central Milton Keynes | MK9 3EJ,Partnership No: OC380848 | Registered Office: Civic Offices | 1 Saxon Gate East | Milton Keynes | MK9 3EJ

27th Feb 2013 - from David Bradley
' Dear Mr Barlow
Further to your e-mail I can advise you that the case went to court 2.9.10 and the Liability Order was issued the next day. I would also advise you that the case went to a Magistrate's court rather than a County court and no warrant has been issued so the N245 you refer to would not be appropriate. As the case has been passed to Rossendales you would need to discuss payment of arrears with them. Their contact number is: 0844-701-3981'.

28th Feb 2013
'Dear Mr Barlow
Further to your e-mail I have posted a copy of the Liability Order, the document signed by the Justice Of the Peace relating to all the Liability Orders issued that day and a copy of the bailiff charges.
I also confirm that it was a Liability Order that was issued and not a warrant. I will speak to the Recovery manager regarding the wording on the document from the bailiff.
The debt to Milton Keynes Council when the Liability Order was issued was £868.04 and is currently £580.03.
Please note that any payments or payment arrangements need to be made directly with the bailiffs'.

29th Feb
Dear Mr Barlow
Further to you e-mail I would firstly point out that the reason the case was put in the hands of the bailiff is that we made a payment arrangement with you on 14th September 2010 following the issue of a summons. You did not adhere to this arrangement which led to a default letter being issued. Subsequently you vacated the property still owing a debt and without providing a forwarding address.
On finding your current address we issued a bill on 10th December 2012 and a default letter 18th December 2012. Neither of these prompted a response nor a payment from you and therefore, the case was passed to the bailiff.
Given the above it is clear that the case was correctly passed to the bailiff and will therefore not be recalled. It has got nothing whatever to do with year end collection figures.
With regard to the wording on the document issued by the bailiff, it is a multi purpose document and can be used for Liability Orders of warrants. The bailiff should have crossed out the word "warrant" and was in error in not doing so. We do monitor the work of the bailiffs and take up issues with them when the need arises.
Finally, I have advised the bailiffs of the documents I have sent you as requested.


I believe that it is right to be able to give the right of reply or an institution to rectify mistakes. All I have done is ask for the following repeatedly which Mr David Bradley has responded too above;

1. The proof of debt.
2. Clarification of Liability Order or Warrant.
3. To clarify the debt because I believe it is wrong.
4. To clarify when, where the reminder letters have been sent to.
5. To provide all trace reports of my address which is an obligation before a liabilty order is granted.
6. To accept a repayment directly with the council until the debt is proven, I am happy to be refunded, the worry of bailiffs who hand notices to children is more worrying!
7. To clarify if the method and un willingness to take direct payments is due to the council year end being April 2013? This means that they are on a big push to get cash in!

CIS

One comment on the above is that the email's you give are only the replies - without seeing the emails you sent then its impossible for someone to comment fully on the replies you have received.

3. To clarify the debt because I believe it is wrong.

You don't say why

5. To provide all trace reports of my address which is an obligation before a liabilty order is granted.

What do you mean by this ? - the council are only under an obligation to send documents to the last known address, they are under no obligation to take any tracing action.

1. The proof of debt.
6. To accept a repayment directly with the council until the debt is proven,

It already has been been proven as far as the law is concerned, this is why the liability order was granted.

7. To clarify if the method and un willingness to take direct payments is due to the council year end being April 2013? This means that they are on a big push to get cash in!

The money is already outstanding from 3 years and had been budgeted for so they will try and collect it as soon as they can from you.

antonic

I would suggest you start this as a new thread.

Otherwise people who can help wont read through a thread thats 3 years old to help you.

[Deleted User]

A slight diversion, if I may?

Herbie21 wrote: »

and in order to levy upon goods INSIDE of the house he needs to have "peaceful entry" and you can and SHOULD refuse to allow him in.

So, what's to stop a bailiff from claiming to have gained peaceful entry, and simply inventing a list of possessions?

CIS

So, what's to stop a bailiff from claiming to have gained peaceful entry, and simply inventing a list of possessions?

The description of the goods should be sufficient detailed to show that it wasn't just guessed at - any bailiff should record details sufficient to identify goods, if nothing so goods cannot be swapped by the debtor.

[Deleted User]

I appreciate that CIS, but there would be nothing to stop a bailiff from inventing a list, claiming he/she had made the list, as a result of a peaceful entry, then coming back and forcing entry, on that basis.

Seems to me, there should be some safeguard, such a an independent witness to the entry and levy.

CIS

Seems to me, there should be some safeguard, such a an independent witness to the entry and levy.

It wouldn't work in practice - the witness is always going to be either person who is friends with the debtor or a person who is associated with the bailiff company.