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Rossendales on behalf of Gateshead Council
Narkie
Posts: 8 Forumite
OK, So out of the blue i got a letter regarding an outstanding council tax bill from my care free days a good few years ago. I am happy to pay what i can in installments, however the company collecting the debt are being very abrupt and are not offering much help at all.
They are demanding £27.00 per week, however i simply cannot pay this. I offer them £5.00 per month, until i am in a position to pay more. It all started recently when they sent a letter to my ex-partners house who forwarded it to me...
ANY help / advice much appreciated
EMAIL 1 - ME TO ROSSENDALES
/////////////////////////////////////////////////
Your Name:: xxxxxxxxxxxx
Your Email Address:: xxxxxxxxxxxx
Your Tel No:: [unspecified]
Subject: xxxxxxxxxxxx
Our Reference: xxxxxxxxxxxx
Message: A letter has been delivered to my ex-partners house, liberty has been taken to forward this to my present forwarding C/O address of xxxxxxxxxxxx.
I have received your letter demanding a sum of £539.60 for council tax from xxxxxxxxxxxx, Gateshead.
As you are aware, i was not the only tenant in this property and therefore am not the only person who should have to pay this debt. I do not have any contact or know where the other tenant now lives. I have previously spoken with Gateshead Council themselves and told them that if they accept i am reliable for half of this debt only, i would look at clearing the amount.
Please speak with your client, Gateshead Council, confirm that i am only responsible for 50% of this debt and then i will discuss repayment of this amount.
Communication by email to xxxxxxxxxxxx is best to reach me immediately and directly. Alternatively, you may send it to the above address however severe delay of receipt may occur.
EMAIL 2 - ROSSENDALES TO ME
/////////////////////////////////////////////////
Thank you for your email.
You are the only named party on the liability order. We will pursue you for the full amount owing.
We have now changed the address on the file and set an arrangement to the client guidelines of £27.00 per week. The first instalment is due on the 15th June 2012.
Payments can be made by debit or credit card by phoning 0845 0781194 this line is open 24 hours a day, 7 days a week or online at
You can also pay using the letter that includes a reusable payment bar code at any outlet displaying the Post Office or Payzone logo. We will accept cash, postal order, a bankers draft or building society cheque. Payment can be made via standing order using the following bank details - Account number 22824882, sort code 05-02-52.
If you pay by cheque or postal order, it should be made payable to “Rossendales Ltd” and should have “a/c payee” written on it. You should of course keep the stub.
If you are sending cash it must be sent by registered post.
Yours Sincerely
Lisa Marie Chadburn
Debtor Correspondence Officer
EMAIL 3 - GATESHEAD COUNCIL TO ME
/////////////////////////////////////////////////
Dear xxxxxxxxxxxx
On the matter of joint and several liability, may I direct you to the Local Government Finance Act 1992, Section 6.2- ) “Where, in relation to any chargeable dwelling and any day, two or more persons fall within the first paragraph of subsection (2) above to apply, they shall each be jointly and severally liable to pay the council tax in respect of the dwelling and that day”
Please see link below
Joint and several liability is a legal term and such is not defined in the Regulations. However should you look up the term in a legal dictionary or perform an online search, joint liability refers to equal responsibility and several liability designates individual responsibility. The terms are used together, meaning that legally the council (or its collection agents) can recover all the money owed from any of the individuals.
You are asking me to place the case on hold with Rossendales, but you provide no reason for that request. As there has been no error in sending the case to Rossendales, I am not able to place it on hold without good cause.
Finally, all the monies including costs are payable to them now, as in effect the Council has allocated the case to them. I would suggest that you contact them to make suitable arrangements.
King Regards
Eva
EMAIL 4 - ME TO ROSSENDALES
/////////////////////////////////////////////////
Dear Lisa
I am willing to make arrangements to repay this amount, however, the amount set out in your email below is not realistic. I am on minimum wage and after tax i earn £950 per month. From that £950, i have to pay
Rent: £317.50
Council Tax: £100
Gas & Electricity: £70
Phone, Internet, TV: £35
TV License: £10
Car Insurance: £70
Car Fuel: £180
Living Expenses (Food etc): £160
This leaves me with practically nothing at the end of the month. I can therefore offer you £5.00 per month until further notice.
Thanks
EMAIL 5 - ROSSENDALES TO ME
/////////////////////////////////////////////////
Thank you for your email.
Your offer to pay £5.00 per month is not acceptable and has been rejected.
The previous arrangement of £27.00 per week has now defaulted and has been cancelled. The case is now currently awaiting allocation to the Enforcement Bailiff.
Council Tax is a priority debt and must take preference over any and all non priority debts and spending. Please note, we are under no legal obligation to offer or accept payment by instalments. Once you have defaulted on your statutory Council Tax instalments and been taken to the Magistrates Court, any right to pay by instalments is lost.
If you require us reset the previous arrangement will you need to make an immediate payment of £27.00 to bring the arrangement up to date. Once this has been paid, you will need to contact us to have the arrangement reset.
Failure to do so will result in the case being allocated to the Enforcement Bailiff who will proceed with the intention of collecting payment in full along with any associated costs.
Yours sincerely
Catherine Farrell
Debtor Correspondence Officer
They are demanding £27.00 per week, however i simply cannot pay this. I offer them £5.00 per month, until i am in a position to pay more. It all started recently when they sent a letter to my ex-partners house who forwarded it to me...
ANY help / advice much appreciated
EMAIL 1 - ME TO ROSSENDALES
/////////////////////////////////////////////////
Your Name:: xxxxxxxxxxxx
Your Email Address:: xxxxxxxxxxxx
Your Tel No:: [unspecified]
Subject: xxxxxxxxxxxx
Our Reference: xxxxxxxxxxxx
Message: A letter has been delivered to my ex-partners house, liberty has been taken to forward this to my present forwarding C/O address of xxxxxxxxxxxx.
I have received your letter demanding a sum of £539.60 for council tax from xxxxxxxxxxxx, Gateshead.
As you are aware, i was not the only tenant in this property and therefore am not the only person who should have to pay this debt. I do not have any contact or know where the other tenant now lives. I have previously spoken with Gateshead Council themselves and told them that if they accept i am reliable for half of this debt only, i would look at clearing the amount.
Please speak with your client, Gateshead Council, confirm that i am only responsible for 50% of this debt and then i will discuss repayment of this amount.
Communication by email to xxxxxxxxxxxx is best to reach me immediately and directly. Alternatively, you may send it to the above address however severe delay of receipt may occur.
EMAIL 2 - ROSSENDALES TO ME
/////////////////////////////////////////////////
Thank you for your email.
You are the only named party on the liability order. We will pursue you for the full amount owing.
We have now changed the address on the file and set an arrangement to the client guidelines of £27.00 per week. The first instalment is due on the 15th June 2012.
Payments can be made by debit or credit card by phoning 0845 0781194 this line is open 24 hours a day, 7 days a week or online at
You can also pay using the letter that includes a reusable payment bar code at any outlet displaying the Post Office or Payzone logo. We will accept cash, postal order, a bankers draft or building society cheque. Payment can be made via standing order using the following bank details - Account number 22824882, sort code 05-02-52.
If you pay by cheque or postal order, it should be made payable to “Rossendales Ltd” and should have “a/c payee” written on it. You should of course keep the stub.
If you are sending cash it must be sent by registered post.
Yours Sincerely
Lisa Marie Chadburn
Debtor Correspondence Officer
EMAIL 3 - GATESHEAD COUNCIL TO ME
/////////////////////////////////////////////////
Dear xxxxxxxxxxxx
On the matter of joint and several liability, may I direct you to the Local Government Finance Act 1992, Section 6.2- ) “Where, in relation to any chargeable dwelling and any day, two or more persons fall within the first paragraph of subsection (2) above to apply, they shall each be jointly and severally liable to pay the council tax in respect of the dwelling and that day”
Please see link below
Joint and several liability is a legal term and such is not defined in the Regulations. However should you look up the term in a legal dictionary or perform an online search, joint liability refers to equal responsibility and several liability designates individual responsibility. The terms are used together, meaning that legally the council (or its collection agents) can recover all the money owed from any of the individuals.
You are asking me to place the case on hold with Rossendales, but you provide no reason for that request. As there has been no error in sending the case to Rossendales, I am not able to place it on hold without good cause.
Finally, all the monies including costs are payable to them now, as in effect the Council has allocated the case to them. I would suggest that you contact them to make suitable arrangements.
King Regards
Eva
EMAIL 4 - ME TO ROSSENDALES
/////////////////////////////////////////////////
Dear Lisa
I am willing to make arrangements to repay this amount, however, the amount set out in your email below is not realistic. I am on minimum wage and after tax i earn £950 per month. From that £950, i have to pay
Rent: £317.50
Council Tax: £100
Gas & Electricity: £70
Phone, Internet, TV: £35
TV License: £10
Car Insurance: £70
Car Fuel: £180
Living Expenses (Food etc): £160
This leaves me with practically nothing at the end of the month. I can therefore offer you £5.00 per month until further notice.
Thanks
EMAIL 5 - ROSSENDALES TO ME
/////////////////////////////////////////////////
Thank you for your email.
Your offer to pay £5.00 per month is not acceptable and has been rejected.
The previous arrangement of £27.00 per week has now defaulted and has been cancelled. The case is now currently awaiting allocation to the Enforcement Bailiff.
Council Tax is a priority debt and must take preference over any and all non priority debts and spending. Please note, we are under no legal obligation to offer or accept payment by instalments. Once you have defaulted on your statutory Council Tax instalments and been taken to the Magistrates Court, any right to pay by instalments is lost.
If you require us reset the previous arrangement will you need to make an immediate payment of £27.00 to bring the arrangement up to date. Once this has been paid, you will need to contact us to have the arrangement reset.
Failure to do so will result in the case being allocated to the Enforcement Bailiff who will proceed with the intention of collecting payment in full along with any associated costs.
Yours sincerely
Catherine Farrell
Debtor Correspondence Officer
Troubled Past... Positive Future!
Trying to get myself sorted - But they don't make it easy!
Trying to get myself sorted - But they don't make it easy!
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Comments
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They are right, they will chase who ever they canDon't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.0
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Tell them it's £5 a month or nothing. They will return the debt to council who can then do an attachment of earnings order if they feel that is appropriate. Based on your income and expenses you will not be facing prison for non payment so don't worry too much.:footie:
Regular savers earn 6% interest (HSBC, First Direct, M&S) Loans cost 2.9% per year (Nationwide) = FREE money. 0 -
They will return the debt to council who can then do an attachment of earnings order if they feel that is appropriate.
An attachment of earnings order would be at 12% - so around £115 per mothI no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0 -
There are some details on Council Tax attachment of earnings here:
http://www.plymouth.gov.uk/attachmentsofearningsfaq
CIS is correct on the figure. That does seem to be the way this is heading unless you can find some way of getting the money together, even if you frustrate the bailiff successfully.
However, the bailiff is going to be a pain when he/she arrives, will charge £42.50 even if they can't access your goods (2 visits) and they do know you have a car - I wonder if that might be worth £539.60?
It might be worth starting a new thread, doing a full statement of affairs (link to a calculator), and letting the guys look at the whole picture. Your income/expenditure looks very tight to me and there's nothing there for water or road tax/car maintenance. A TV licence is nearer £13 per month.
Is your rent net of housing benefit? Is that council tax after a single person discount (no council tax benefit)?0 -
I don't understand... despite me telling them how much i have... there is just no leeway. I simply can NOT give them what i do not have.... it is like asking someone who has 5 bars of chocolate for 10 bars of chocolate... I have even said until further notice, meaning as soon as i am in a position to offer more, i will.
What can i send back to them now?! Shall i tell them that it is £5.00 per month or nothing? Atleast i am willing to start repaying, they have not even traced the other tenant and i feel i am being victimised just because i am in a position to sort my past out, rather than running away from it.Troubled Past... Positive Future!
Trying to get myself sorted - But they don't make it easy!0 -
Statement of Affairs and Personal Balance Sheet
Household Information
Number of adults in household........... 1
Number of children in household.........
Number of cars owned.................... 1
Monthly Income Details
Monthly income after tax................ 967
Partners monthly income after tax....... 0
Benefits................................ 0
Other income............................ 0
Total monthly income.................... 967
Monthly Expense Details
Mortgage................................ 0
Secured/HP loan repayments.............. 0
Rent.................................... 317
Management charge (leasehold property).. 0
Council tax............................. 85
Electricity............................. 29.5
Gas..................................... 29.5
Oil..................................... 0
Water rates............................. 0
Telephone (land line)................... 16.33
Mobile phone............................ 20
TV Licence.............................. 13
Satellite/Cable TV...................... 0
Internet Services....................... 16.33
Groceries etc. ......................... 200
Clothing................................ 0
Petrol/diesel........................... 140
Road tax................................ 10
Car Insurance........................... 66
Car maintenance (including MOT)......... 10
Car parking............................. 0
Other travel............................ 0
Childcare/nursery....................... 0
Other child related expenses............ 0
Medical (prescriptions, dentist etc).... 0
Pet insurance/vet bills................. 8
Buildings insurance..................... 0
Contents insurance...................... 0
Life assurance ......................... 0
Other insurance......................... 0
Presents (birthday, christmas etc)...... 0
Haircuts................................ 0
Entertainment........................... 0
Holiday................................. 0
Emergency fund.......................... 0
Total monthly expenses.................. 960.66
Assets
Cash.................................... 30
House value (Gross)..................... 0
Shares and bonds........................ 0
Car(s).................................. 0
Other assets............................ 0
Total Assets............................ 30
No Secured nor Hire Purchase Debts
Unsecured Debts
Description....................Debt......Monthly...APR
Total unsecured debts..........0.........0.........-
Monthly Budget Summary
Total monthly income.................... 967
Expenses (including HP & secured debts). 960.66
Available for debt repayments........... 6.34
Monthly UNsecured debt repayments....... 0
Amount left after debt repayments....... 6.34
Personal Balance Sheet Summary
Total assets (things you own)........... 30
Total HP & Secured debt................. -0
Total Unsecured debt.................... -0
Net Assets.............................. 30Troubled Past... Positive Future!
Trying to get myself sorted - But they don't make it easy!0 -
You may find it helpful to speak with Gateshead Councils Welfare Rights team (personally I would avoid Gateshead CAB - no offence to them but their not the best CAB in respect of council tax queries), The council's own welfare rights teams often have more sway with the council tax sections.I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0
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Your groceries spend is way too high. I feed a family of 3 on less than what you spend on 1 person.
Does this £200 cover more than just food?0 -
Rossendales may be right that they are not obliged to accept payment by installments. This means that you will probably not get them to agree to an installment plan. However, this does not stop you paying them by installments, because they are obliged to accept payments towards the debt.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0
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Have to say, these are a complete pain in the neck!
They are dealing with 2 debts for me - one for council tax and one for leisure facility hire. The debt for the leisure facility even though only £30 less than the council tax debt they accepted £5 per month, yet they wanted £80 per month.
Every letter they sent me I just kept replying with a statement of affairs and my offer at the bottom. This bought me some time to get some money together and pay it off. If I were you I would stick to your offer, don't let the balliff in and buy yourself some time.
During this period put as much money away as you can and then pay them that when you need.Start (27 March 2012): £25,683.20
Current (17 July 2012): £21,145.17
Paid off: £4538.03 (17.7%)
Debts cleared: 4 ... To go: 30
Aim No 1: Get debt under £20k before October 12! :beer:0
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