Liability Order for unpaid council tax?!!

Macca2k9

Right we got a letter of rossendales to dale this is the letter saying they have a liability order against us but dont rossendales have to go to the magistrates court to get one? and if so dont the court need to stamp the letter or something like that for proof? I've scanned the letter ect... and heres the letter so you can tell me if you know weather its genuine or not? thanks

CIS

The Liability Order is awarded to the Council for non payment of Council Tax after the issuing of a Court Summons.

When the Liability Order is awarded the council then gain power to instruct a bailiff to collect under the powers granted by the order, the Liability Order application has nothing to do with the bailiff.

You need to speak to your local council if you have any doubts about the issuing of the Liability Order.

RobertoMoir

Macca2k9 wrote: »

Right we got a letter of rossendales to dale this is the letter saying they have a liability order against us but dont rossendales have to go to the magistrates court to get one?

It is the council who would have to go to court and obtain a LO before they instruct bailiffs. And if Rossendales are leaving you letters the council probably have done exactly this. Bailiff firms sadly have plenty to be getting on with at the moment without having to make calls on random houses they don't have a file for.

Macca2k9 wrote: »

and if so dont the court need to stamp the letter or something like that for proof?

1) No
2) a rubber stamp proves nothing except that someone involved in writing the letter can also operate an inkpad and a rubber stamp without endangering others.

Macca2k9 wrote: »

I've scanned the letter ect... and heres the letter so you can tell me if you know weather its genuine or not? thanks

You need to contact the council if you have reason to doubt what Rossendales are saying. And given the way charges seem to go on bailiff cases without a good explanation, you should nearly always doubt what a bailiff says. Except ex bailiffs like me of course.

stebiz

I had a similar problem. I was late in paying my Council Tax and it was sent to the Magistrates Court. The council had given me a previous reminder so were in no mood to call it off. As I knew the inevitable would happen anyway (I had no excuse) I never attended court and the Council got a liability order.

Next thing I know is lots of letters from Rossendales. Threatening visits etc and costs being added, by what seemed to be the hour (slight exageration there). They would not agree on a monthly fee with me and wanted to call around and check out my possessions. Of course I was rather blunt with them and advised them what to expect if they took one step in my house.

The only way I could deal with it was by contacting my MP. She acted as a go between and we agreed on a monthly figure that would pay it off over 12 months. Since then I have paid the money as agreed and had no further run ins with them. But I know this lot mean business, so get onto it straight away!! Ignoring letters at this stage will cost you a fortune!!

Good Luck

Steve

CHW

You will have received an information request from the Council following the granting of the order warning you of pending bailiff visits if you do not deal with the issue now- This a known as a 14 Day notice and has to be issued before an account can be passed to bailiffs.

Commercial Bailiff fees can be extortionate so I would be trying my best to get this on some kind of payment arrangement asafp. Try and view the end of the tax year (31/03/10) as being the absolute deadline as effectively this is what the Council will see as the deadline- the bailiff I can't really speak for other than to tell you that they are best not getting into

jacquikay

i ahve recieved the same letter from rossendales and as i am a single mother living of benefits i rung up and asked to make a payment plan they are having none of it anyway as i am on income support they advised me to go to citizen advice bureau which i have now done and they are now acting on my behalf so i rung rossendales as i was advised to do to explain citizen advice are acting for me now i simply got the reply we will attend your property on tuesday with removals ...ha yeah like to see you try and get in, i was also told they can not force themselves into my property is this true?

ALIBOBSY

CHW wrote: »

You will have received an information request from the Council following the granting of the order warning you of pending bailiff visits if you do not deal with the issue now- This a known as a 14 Day notice and has to be issued before an account can be passed to bailiffs.

Commercial Bailiff fees can be extortionate so I would be trying my best to get this on some kind of payment arrangement asafp. Try and view the end of the tax year (31/03/10) as being the absolute deadline as effectively this is what the Council will see as the deadline- the bailiff I can't really speak for other than to tell you that they are best not getting into

There are strict legal limits on how much baliffs can charge for the visits for council tax orders, will find them for you. But baliffs will always try to add their full rate on hopeing people don't know the law. Never let them in the house. But you will need to make arrangements to pay. Some councils will allow you to make arrangements with them direct and take the case back, some refuse to speak to you once the baliffs are involved. But may be worth trying them anyway. Seen people on other forums have success by going down to the council in person-with all their income docs, rather than by phone and making the first payment there and then.

Bear in mind they will want both an agreement to pay this years tax and the previous years.

Good fact sheet here
http://www.bdl.org.uk/images/ew_bailiffsandcounciltax.pdf

There are also alot of specialist forums and advice on the net, the consumer action group have a good section and people who can give specialist advice including checking if the baliff who has been sent out is even registered properly (alot aren't). Remember many baliffs will routinely lie and break the law as well as try to intimidate to get money. Best bet is to keep them out and do things in writing.

I have seen some cases where the debtor writes to the council with a payment schedule, plus writes to the baliff to say I will pay the council direct and will not deal with you, and starts paying via the online system direct to the council, despite the council writing back and saying no you must contact the baliff, they kept on paying and ignored the baliff. The council are stuck as they can't go back to court if you are actually paying and no baliff will go to court over their charges as they really don't want further legisaltion or rullings around how much they can charge.

ali x

From what I can see the current max charge they can make for visiting you (as long as no possesion order is done and you don't let them in they can't charge for more than 2 visits or for van fees) is £42.50 ish, there will be a court charge on the liability order as well, but you should be able to ask for a full breakdown of all the fees and the total owed in writing.

RobertoMoir

jacquikay wrote: »

i ahve recieved the same letter from rossendales and as i am a single mother living of benefits i rung up and asked to make a payment plan they are having none of it anyway as i am on income support they advised me to go to citizen advice bureau which i have now done and they are now acting on my behalf so i rung rossendales as i was advised to do to explain citizen advice are acting for me now i simply got the reply we will attend your property on tuesday with removals ...ha yeah like to see you try and get in, i was also told they can not force themselves into my property is this true?

No they can't break in. They can go for what is called "peaceful entry". There are threads on the board that describe how that works.

CAB have no "official standing" - they can't make bailiffs halt enforcement action. We used to routinely ignore them when I was a bailiff... they were wrong half the time anyway.

Contact the council, explain you are on income support and can't afford what the bailiffs will ask for, and ask them to call the debt back in.

If they do not do this, contact your local councillor and ask them to help you with that.

Fire_Fox

Don't ring to make a payment plan send a recorded delivery letter offering a payment plan. Once there has been court action against you this is serious stuff, phone calls are lazy communication.