add help and advice with a council tax liability order with ross and roberts

stressedandconfused75

i have a old debt frimnmy council tax from torridge district council i have two years every years from the fall short for my council tax support i have had a bailiff knock on my door at my address twice neither time they were happy to agree a payment that i can make with them they wanted more was just cannot find anyway i spoke to a charity to advise me that my payment of £25 was completely fair and the maximum per month i can afford.

I have never signed a walking possession they have never been inside my property .then third they found my new address because i moved and left an enforcement notice £510. 22. £235 22p client debt torridgevdistrict council. 0 court fees. £225 in compliance a 3 debts that's all rolled into one to council tax and enforcement for £235 enforcement. outstanding £510 22 .as they never responded to my texts or e-mails even though i mentioned i make my way to make a complaint as in return for me from the council about negotiation the debt so i went online to the torridge council website this morning and paid my council tax debt which is still valid as it has a valid account number online i pay the full amount of £235 22 my question now.

What is the position with a compliance and enforcement fees with ross and roberts i assume torridge district council will now use the money paid directly into my council tax account which i have receipts for paying in and is obviously to pay off the council tax and liability order is this correct if so i assume tha ross and roberts can still pursue me for charges . but can't levy against my things and they will have to take me to the small claims court to pursue their debt is it right . I assume this as I never signed any agreement with Ross and roberts., I'm not their client and did not instruct them to visit me or did I ever agree to pay their charges. I will be ringing tdc on Monday to confirm lo is clear

Herbie21

Once the Liability Order (or indeed court fine or road traffic debt) has been passed to a bailiff it is no longer the case about just paying the original debt and this is because the new regulations have been introduced to ensure that the bailiff company receive their fees as well. The following is how the new regulations work:

Payments made are split on a ‘pro rata’ basis.

This part of the new bailiff/enforcement regulations is very significant indeed and provides that from any payment made (whether made to the local authority or Magistrates Courts either in person or ‘on line’) that the payment will be ‘split’ so that some of the payment goes towards the bailiff fees and the balance towards the debt to either the local authority or the Magistrate Court (in respect of court fines).

Most importantly, the statutory regulations provide that from the payment made the Compliance Fee of £75 is to be deducted first.

How does this work in practice?

For example, a Liability Order /Magistrates Court fine has been issued for: £525.

Notice of Enforcement sent to the debtor with Compliance fee of £75 added. The amount due increases to: £600

Debtor fails to pay during the ‘compliance stage’ and the account is referred to the enforcement agent/bailiff for a personal visit to the property. An Enforcement Fee of £235 is added. The amount due increases to: £835

Debtor makes payment to the local authority/magistrates court of £525 (being only the amount of the Liability Order /court fine).

Compliance stage fee of £75 is deducted at source and the balance of £450 is then split on a ‘pro rata’ basis with approximately 70% being allocated towards reducing the debt to the creditor (ie: local authority or magistrates court) and 30% to the enforcement agent to be allocated towards the bailiff fees.

Bailiff Advice Online

VisionThing

Our council changed to a different collection agency this year and the woman who came to see me (Rossendales) explained how the process works in a far better way than R&R ever did. I have always waited for them to come to the house because I deal better face-to-face, but the door knockers have a minimum they have to accept and no authority to go below it. That's why they will have refused your offer.
The councils have a rule that settlement has to be made before the start of the next billing period, so the agent can only accept an offer that will achieve that. To pay less, you have to submit income/expenditure forms with an offer of whatever you can afford.

Also, if R&R want a walking order and cannot gain access, they will put a note through your door claiming rights on anything in your drive/garden - they didn't even knock at my door one year, but put notes through my letterbox claiming my car as I had not answered the door to them (On two separate occasions I had seen him walk down the path and waited for the knock, but just had a letter through the door instead; once threatening to return, the other saying he was having my car if I didn't cough up in 7days!)

stressedandconfused75

OK thanks, so r+r can still come after me?
In 4 emails to them I have told them step change have told me the maximum I can afford is £20-£25 pm .this is worked out from my income and expenditure.
In the email I have advised them my daughter receives DLA and my car is needed for her transportation. I also have reminded them that they have have never been in my property and I have never signed any paperwork associated to payments or goods.
What can they do to enforce this debt.
I'm guessing now over half the total debt and fees have been paid( even though it went straight to council online and my CTA now shows zero balance) they will probably accept my payment offer.
What can they actually do to enforce debt. I have advised them none of their agents will never be granted access to my property

stressedandconfused75

It does seem rather a conflict as r+r are owned by capita. And capita are so in with government through outsourcing. Even the online payment system used by tdc is run by capita!¡!

VisionThing

I don't think you can refuse them access as they are considered representatives of the law. In my experience (excluding the lazy guy who couldn't even be bothered to knock) the actual people on the ground are quite understanding and will help as much as they are able to, so do talk to them if they come knocking.

It's also worth noting that R&R agents travel to these parts (I am in a neighbouring council) from somewhere on the other side of Somerset, so they will avoid sending someone around if possible because of paying out their expenses - common sense would suggest that they will accept any offer of payment if it means skipping a day's wages/travel costs. (One rep did tell me they had allowed me to go longer than they should have before taking action as they had to get enough people defaulting in this area to make the trip worthwhile)

I think you can get a total from the online payment system if I remember rightly. You need the client reference number and the personal reference number (both are usually on their letters) and head to the payments section. Once you put the reference numbers in, it will tell you how much you owe and ask how much you wish to pay.

Allow a few days for the payment you have already made to be processed though.

stressedandconfused75

Don't know much. But I do know I can refuse them entry. They have no right as on first visit they never gained peaceful entry.they have no legal right to enter.they aint the police and even the police need good reason.
Also both tdc and r&r have been told multiple times now.that I'm newly a single parent to a disabled child and i also suffer from depression and anxiety
Is this breach is regulation 10 of 2013 rules

stressedandconfused75

So got email back from tdc advisingvyes the balliffs must have their fees which means now technically r&r have had all compliance fees and enforcement fees and the council will get about £5 out of original £408.
I have also made formal complaint as I feel they have disregarded regulation 10