Please please help

Bravehearted_2

No loan sharks.

Who would you rather owe? Government body that needs to be law abiding or Mr Spike the kneecap specialist down the road?

pinkcrimson

No no loanshark, it was offered through his mum and dad, currently gathering the info and putting children into bed, heeding your advice. Many thanks x

keepcalmcarryon_2

You will survive this, don't let it take your sanity. Things will not always be like this xxx

hallowitch

Because if hallowitch says
Quote:
I'm not getting this adding goods to the levy thing and perhaps we are getting confused over the notice of distress and walking possession agreement thing
There are very few other people here who do understand.

RAS Ive got it now however I'm not putting on here I'm going to send the OP a PM

samtoby

I had a council tax debt with this Bailiffs. I owed around £1200.00

Rossendales were fine with me. I had an order over my things and they would not come back unless I missed a payment. I missed one payment called two weeks before this was going to occur (my car broke) and they gave me 7 days grace which was enough for me to get paid although I had to pay two payments in a month.

If you are at the point when they are going to remove; they talk to you about income and expenditure and you need to explain your current situation showing statements if possible.

I had a lot of upset at the time my Dad had just died and I was paying a funeral and drowing....a year later and how things have changed.

Unfortunatly Rossendales mainly deal with Council Tax arrears and through Rossendales as they are certified Bailiffs if you refuse to let them in they get the Police to come round. (I also had the pleasure of this!) Refusing to let them in is not an option.

Ideally you needed to tackle this before it got to this situation. Are you up to date with any council tax you are paying now?

Offer them what you can and maybe a weekly payment if an offer is made at last resort with the Police with you, this will be seen as making an offer of payment. But DO NOT state an amount you can not pay miss a payment and you will regret it. Charges are so much!

Hope this helps. x

hallowitch

Unfortunately Rossendales mainly deal with Council Tax arrears and through Rossendales as they are certified Bailiffs if you refuse to let them in they get the Police to come round. (I also had the pleasure of this!) Refusing to let them in is not an option.

you do not have to let a bailiff collecting council into your home and if the police came with bailiff and helped them enter your premises then the police have helped the bailiff commit trespass

if the bailiff had previously entered your home to levy goods and this was a re-enter to remove goods then the bailiff should have sent you a letter giving you the time and date of the removal and only if you are at home and refuse the bailiff entry then forced entry can be used
p5 Forcing re-entry
The law upon the rights of bailiffs to force re-entry to premises in order to remove
goods previously seized has recently been clarified. In Khazanchi v Faircharm
Investments; McLeod v Butterwick [1998] 2 All ER 901 the Court of Appeal held that
bailiffs may only force re-entry where they are being deliberately excluded from
premises. It will thus be necessary in most cases for the bailiff to notify the debtor in
advance of the date and time of the visit in order to remove. If the debtor is then
absent from home, or refuses entry, force may be employed.

Herbie21

It is clear as day that a big mistake was made by allowing the bailiff into the property but there is little that can now be done.

There is something very important here and this concerns the amount of unpaid council tax and the levy made.

The debt to the council is approx £2,000. The PURPOSE of the bailiff visit is...."to levy upon goods" and in this case, it is vitally important to take note of the following:

When levying upon goods, the bailiff would know that auction value is only approx 10% of the value of the goods removed. Therefore, given that your debt is £2,000 the value of goods that the bailiff has levied upon SHOULD be around £20,000!!! If the bailiff can see that there are insufficient goods then he SHOULD be returning the account back to the council with what is known as a NULLA BONA certificate. This mean that there are not enough goods. HOWEVER, if the bailiff did this.....he knows that he would not get any fees!!!!

Furthermore.....and MOST importantly, the bailiff and the local authority should be familiar with the National Standards for Enforcement Agents where is clearly provides that the levy made on goods......SHOULD BE SUFFICIENT TO COVER THE DEBT TO THE COUNCIL AND THE FEES OF THE ENFORCEMENT COMPANY!!!

The levy made against your goods...is against goods of insufficient value and as the local authority are wholly responsible for the levy, you must advise them this morning that you want to make a formal complaint concerning this account and you need to quote from the National Standards.

PS: I hate to rub salt into the wound but this problem is only as a result of your other half letting a bailiff into the property. This should NOT have been allowed.