Visit from the Bailiff (Rossendales) - But we don't owe any money

Mrs_B

I’m not quite sure where to post this as I want to make sure it’s seen by anyone who might be able to assist me, so have posted it here – even though it doesn’t quite apply. Perhaps if I've got it wrong someone would help me to post it in the right place.

This afternoon my OH received a visit from a bailiff (Rossendales) stating that we owed £970.00 plus costs for unpaid Council Tax, that this had been to the Magistrates Court, and asking for money.

OH sent him off with no money – and then rang me in a fury – leaving me pretty distressed too.

We pay our Council Tax by monthly standing order, and every single payment is showing on our bank statements – with the correct reference quoted – and I have checked and double checked since I came home. I admit that we pay on 15th rather than the 1st – but we agreed this with the Council many many years ago. We have not received a Summons to attend the Magistrates Court, nor had any other correspondence about this, and the first we knew that the Council were claiming there was a problem was this afternoon.

I appreciate this sounds completely lame – but it’s the truth. I have to say that this is not the first year the Council have managed to wrap things round their necks – from applying credits to the wrong accounts, to claiming payments have not been received that I have their receipts for.

However, I really want to be sure that I take the correct and appropriate action immediately to prevent the bailiffs doing anything, and in contacting the Council to ask what is going on.

The Bailiff left a “Notice of Bailiffs Attendance” – basically a piece of paper saying nothing very much. This is addressed to my OH.

Please can anyone advise me on the best things to do to stop the Bailiffs from coming and to get the Council to do whatever is necessary. All doors and windows are currently locked. Would it be appropriate to send the “Doorstep” Letter from the Bailiff Harassment thread?

What is the best way to tackle the Council? In writing I guess, but is there anything in particular I should ask or say? Or anyone I should copy a letter to? Is there even a template letter for such a thing?

OH would gladly like to take the Council and anyone else involved to Court, and is threatening Solicitors and everything.

However, I’m sat at the sharp end actually having to sort this out, and really want to make sure that I protect us from anything horrible happening, and then by all means “do” something to bring the Council to book.

I’m sorry if I don’t seem very coherent. I am sat with all my bank statements around me and am certain we owe no money, and, having had to calm my OH down (who’s now out, so I’m on my own for the next ten hours) I’m feeling in something of a state over what to do to sort all this out.

I would really appreciate any help, comments and advice please.

GeorgeUK

The doorstep letter wouldn't do any good as this is for debt collectors rather than bailiffs.

I don't know of any letters that deal with this but if it has gone to the Magistrates court, could be quite serious. I would phone the council in the first instance to try to find out what has happened and why you were not notified of any problem - also find out what department would deal with this before it was passed to bailiffs or went to court. I would write to the department (send recorded delivery) to try to get this straightened out and some answers.

I would also go to the bailiffadviceonline website - they may have more details about magistrates courts. Herbie21 is a member here and may be able to advice but you may not be able to PM her as you may not have enough posts.

Hopefully others will be able to offer more advice.

PNPSUKNET

Place a formal complaint in and ask for it togo along the complaints procedure then take it to the council ombudsman. Rossendales just add and add on. I would ask the council to provide a copy of the order obtained from the court.

RAS

Hi

Well done for keeping the bailiff out. If you own a car please make sure it is nowhere s/he can find it.

Check out you local council web-site and find out when your councillor's next surgery is. Go with the bailiff letter and details of your payments.

in the meantime, ring the Council Tax department to find out what liability order they have sought and check they have details off all payments. Then send an e-mail and follow-up register post letter to the Revenue Protection Officer at the Council demanding an explanation as to why they have made such a mess.

I would be inclined once you have this sorted to report them to the Local Ombudsman.,

RobertoMoir

When you say that this letter that was left says "not very much", perhaps you can tell us what it does say. If it's short that shouldn't take long. It sounds like a 1st letter of attendance with the intention to levy on goods, but its best to be sure.

I think you need to contact the council as a matter of extreme urgency, which means doing so by telephone first thing tomorrow (by all means immediately write a "to confirm what was said in our telephone call today..." letter, in fact I suggest you do, but phone the council ASAP). Bailiffs do not just pick an address out of the phonebook at random and rock up and demand council tax for the LOLs. They've been instructed by the council, who will have obtained a liability order from a magistrates court prior to instructing bailiffs.

Now its quite possible that you've been the victim of something really silly like an address or name mix up and someone owes you a right big apology for their making a very silly mistake.

On the other hand, its also quite possible that for some reason - still a mistake from what you say but still something more complex rather than just silly - that the council do think there's a problem with your account. Remember it might not be for this year but for a debt from a little while ago. Could that be possible? Either way, I think you need to speak to them.

SouthCoast

I am suprised that your local authority took you to court without any warning letters.

Add your MP to the list of people to complain to.

Mrs_B

Letter that was left -

Rossendales name and address

Addressed to OH (correct name and address)

Client: ...... DC
Clients Ref
Our Ref
SEQ No

Date (handwritten 'MON') Time (handwritten 'PM') 24/8/09

Notice of Bailiffs Attendance
Magistrates Liability Order/Distress Warrant for

(Selected Tick Box) Unpaid Council tax

Re Address: (our address)

Amount Due (handwritten 970-00) plus costs

Payment shoudl be made direct to the Bailiff below to avoid unnecessary action

I have attended today with the intention of seizing your goods and chattels as are necessary to discharge the above debt.

If you cannot pay this bill in full you should be aware that even at this late stage with an initial payment of (handwritten £150) you can still pay by instalments.

To discus the options open to you please contact me immediately on (mobile no)

Your sincerely

Name
(Bailiff In Charge)

Telephone Number: (Mobile Number again)


OH was advised by Bailiff that this was for this financial year.

RAS

This is an first visit letter.

Ring the Council tomorrow morning and ask what they are playing at. Do you pay be standing order or DD?

It is not unknown for Councils to fail to collect DDs or for SOs to be paid to the wrong account.

Expect them to be stroppy (refuse to admit any fault), at which point the RPO and he local councillors come into play.

Do pm Herbie21's web-sitwe ans check this bailiff is certified.

Mrs_B

We pay by standing order. And I've checked the account number/details/reference number again, and it is correct.

Thanks to everyone on here who has taken the trouble to reply to me tonight - you've given me some directions on what I need to do tomorrow.

Have to admit this has rather taken it out of me this evening - going to get my head down for a few hours, then make sure I have something written down I can refer to before I ring the Council to make sure I can clearly cover everything I need to say and ask.

Once again, though, many thanks to you all.

RAS

Do get the staff members name, make notes, repeat back to them what has bee agreed (or disagreed) and send them a regsitered mail letter confirming this ASAP.

Try to get thwm to call off the bailkiff while the problem is solved.

prowla

You may even be able to walk into your council offices and see someone face to face, in which case you would have your bank account transactions and their letter to show them.