Rossendales -Help

StokeHelp

Hello

First Time >Sorry i am not following the Rules , Seems some good advice knowledgeable posters on this place so here gose

I moved into a Property in April Last year

Received my CT bill and it was from Jan , tried to get it sorted with the Council Although very helpful not much happened over the months

Received a Cort Summons in September , >Rung the Conclie they Sent my about 20 Forms,

One for the Date i moved in
One for the fact i am Self employed

Filled them in Posted them Back Same month

Today i received a knock at the door from a Rossendales bailiff She came in and got me to sign some forms , ( i no very stupid) I have never had anything happen to me like this before ,

She listed My TV , My sons Xbox , TV stand and clock

I asked many question , She advised she had no time to answer these , and left

She said i need to pay £78 within 7 days . I have no issue with that its the 1492.85 Which is my full years CT bill to April >

I have a family and 2 kids , I work self employed , but i don't have that kind of money in January its my slowest month by far

To say i am novice at this is beyond what i am , I have rung the council and they have put a two week block on the debt , while i go in and get it sorted , Ideally i would like to get in back in the Council Hands ,

Any advice you can give to safeguard myself and Family in the Problem i would be grateful

MusicalLawyer

You should not have let the bailiff come in to your home or signed any of her forms!
She is now permitted to enter your home and take the things she levied, including your SONS Xbox.

Everyone on here advises against the letting in of Bailiffs, as they have no right being there. Unfortunately it is now too late for you.

Someone with knowledge of this area will be along shortly I hope.

You could always give National Debt line a call, they're a debt charity giving people free advice.

StokeHelp

Thanks for taking the time to post , - After reading i can see i made a school boy error there , !!! Cheers

MusicalLawyer

I think you should give National Debtline a call tomorrow on 0808 808 4000. It's free advice.

They'd be able to help you most probably a lot better than we can on here.
They'll be able to tell you what you can do next, what your rights are etc etc.

Do you know the name of the lady and the firm she was with?

StokeHelp

Sort of Here writing isent that clear

MA Molly Higgins or could be Mary Higgings the firm is Rossendalesi am off down the CT office tomorow to have a chat , just wondering what my timescales are , i will give the people a call tommorow ,

MusicalLawyer

Ahh OK. i was asking as I wanted to see if she is a registered Bailiff for Rossendales.
Unfortunately she is. (Her name is Margaret)

I am surprised no one else has come along with some other advice!

Re Timescales - she said you have to pay within 7 days - so say you have 6 to try and get it sorted - to be on the safe side.

StokeHelp

No worries , I am sure some help will be along soon hopefully i can somewhere with the CT office tommorow they have frozzen it for 2 weeks , so i have some time to get a plan togther , and get someting in Place. It was just a bit of blur , she was in and out in ten mins Tax-Baliff -Sign -Fees- bye

i thought then "you idiot" we live an learn

MusicalLawyer

Yeah I imagine she just wanted you to sign the form so she could leave asap ha.
That is what they're trained to do - my friend is a bailiff, unfortunately.

hallowitch

She listed My TV , My sons Xbox , TV stand and clock

Are your talking about a super duper TV (not a bog standard 32in TV you can by from Argos for less than £200)
If the x box belongs to your son (perhaps a gift from his grandparents bought with his own funds ) then they cant levy against it for your your debt
Proving this may be difficult however the purchaser (depending on his age)
or the debtor can file a stat DEC stating the x box does not and has never belonged to them who it belongs to (son) the reason it is in your home (son lives with you was bought as gift with own funds )

Unless the clock is a grandfather clock or an antique it would have no value at auction

I am not disrespecting your goods .
Goods are levied to secure the debt if the debt is not paid they are removed and sold at auction
the value of the goods must cover all bailiff fees removal fees storage fee auction fees and portion of the debt
the goods levied wont cover the bailiffs fees therefore the levy is irregular /unlawful
It could be argued that the bailiff only levied to gain fees as she should be aware the goods were insufficient

you will have to argue the point with the council but if they refuse to remove the levy and fees ask them for a copy of there formal complaints procedure (there is a well know case of a door mat being levied that went as far as the ombudsman)

StokeHelp

Thanks very much , so as i know nothing >

The levied goods have to cover all of the fees , and the debt and the cost to recover to them

Tv cost a couple of hundred quid , nothing great 37inch ive 2 kids they dont last long
Clock £20
Tv stand £50
Cabinet £80
Xbox £150

Thats what i paid for them , so they are not worth that ,

Ive never had anything like this before, is my best bet just to get the debt back to the council

Ive rung them today im going to see them tommorow , and they have put a 2 week freeze on it so i do pay these charges or not at a loss

cheers for the help

hallowitch

asked many question , She advised she had no time to answer these , and left

you signed a walking possion agreement bailiff should have entered into a payment agreement with you at this time
she should have also informed you of the implications of not keeping to the agreement(the removal and sale) and fees you will be charged if you default

Have a read of this before you go to the council
http://www.justice.gov.uk/downloads/guidance/courts-and-tribunals/courts/enforcement-officers/national-standards-enforcement-agents.pdf

Enforcement agents will clearly explain and give in writing, the consequences of the seizure of a debtor's goods and ensure that debtors are aware of the additional charges that will be incurred.

you should have received a summons and a letter from the council after the liability was granted

The council tax administration and enforcement regulations 1992


http://www.legislation.gov.uk/uksi/1992/613/contents/made

there was an amendment to the regulations in 1998
http://www.legislation.gov.uk/uksi/1998/295/contents/made
Information preliminary to distress

7.—(1) In regulation 45(1) (distress)(1), for the words from “the authority” to “may” there is substituted “the authority which applied for the order may, subject to regulation 45A,”.
(2) After regulation 45 there is inserted—
“Information preliminary to distress

45A.—(1) No distress shall be made under these regulations unless, no less than 14 days before a visit in connection with the distress is first made to the premises where it is to be levied, the authority have sent to the debtor written notice of the matters specified in paragraph (2) below.
(2) The matters are—
(a)the fact that a liability order has been made against the debtor;
(b)the amount in respect of which the liability order was made and, where this is a different amount, the amount which remains outstanding;
(c)a warning that unless the amount specified has been paid before the expiry of 14 days beginning on the date of the sending of the notice, distress may be levied;
(d)notice that if distress is levied further costs will be incurred by the debtor;
(e)the fees prescribed in Schedule 5 to these Regulations;
(f)the address and telephone number at which the debtor can communicate with the authority.”





ask them to provided copy's of the letter, the summons ask the date they were sent ask the address they were sent to

ask what if any bailiff fees were charged prior to todays visit ask when they charged why they were charged when they were charged

don't let them tell you they don't have this info they do or they can lift the phone to rossendales and get it