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Rossendales lying

suesue195286
suesue195286 Posts: 2 Newbie
edited 7 April 2015 at 4:27PM in Debt-free wannabe
Ok...so stick with me.


I retired last year when I had outstanding money owed on the council tax which was being taken from my wages directly.


I retired and in turn stupidly forgotten about it.


I received a letter a few months ago from Rossendales I offered 100 a month as I am on a state pension, the young man on the phone said this would not be enough and could only stretch the agreement to 7 months.


He then sent me out an income and expenditure form, which I filled in honestly and turned out I could only afford 80. I sent this back and waited to hear.


End of March I received final opportunity letters. So I rang them to ask why my offer was simply being ignored. I was on hold for over 30 mins and I gave up, I have since sent 7 emails which have all been ignored.


Today a baliff turned up. Left a letter, I called him back offered the 100 I originally had he said he usually only gets given 3 months to resolve it however as I am on a state pension they have to accept my offers.


To which I said in that case why was it not originally accepted in my first phone call and emails, all of which were ignored, and as they have been ignored by rossendales that's then resulted in him adding over 300 pounds to the bill which I am point blank refusing to pay, they ignored nt first offer and then have added more to it,


He has since gone off to speak to the office and will get back to me regarding what he can do.


Where do I stand with regards the the amount they've added on and the fact they didn't accept my first offer when its looking likely that they should have?


Also I may very well be wrong however hes added 235 pounds plus 7.5 percent. is this correct I thought it was one or the other

Comments

  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Where do I stand with regards the the amount they've added on and the fact they didn't accept my first offer when its looking likely that they should have?
    There is no requirement for an enforcement agent to accept any arrangement other than that of full payment.
    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.
  • I know that, I wasn't asking that,


    He stated they should have accepted my offer before he was sent out as I am in receipt of a state pension.
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    Tenth Anniversary 1,000 Posts Combo Breaker
    Hi suesue195286


    The best approach is to start paying the £80 as soon as you offer it, rather than waiting for a formal acceptance (which bailiffs will often not give). The problem with not doing so is that it can allow them to then justify making visits.


    Re: the fees added for visits, bailiffs are allowed to charge 7.5% of any part of the debt which exceeds £1500. So for instance, if your debt is £2,000:


    7.5% x (£2000 - £1500) = £37.50


    Hopefully though, given what the bailiff has said to you about their policy on accepting offers from those on state pensions, these extra costs can be waived.


    I would go ahead and start making the payments you have offered with immediate effect.


    Dennis
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • fatbelly
    fatbelly Posts: 23,041 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    Compliance Fee: £75

    Upon receipt of an instruction from the client (in this case the Local Authority) the bailiff/enforcement agent must send a Notice of Enforcement giving the debtor a minimum of ‘seven clear days’ notice that a visit will take place to take control of goods. The Compliance Fee of £75 is payable for each Liability Order or Warrant of Control. If payment in full or a payment proposal is not agreed during the strict time frame outlined in the Notice of Enforcement the debt will automatically pass to the enforcement agent and the fee as outlined below will be applied.

    Enforcement Fee: £235 (plus 7.5% of the value of the debt over £1,500)

    This fee becomes chargeable when the case is not paid during the Compliance stage or where a payment arrangement is broken and an Enforcement Agent visits the property to remove goods. It is important to note that if the enforcement agent is enforcing more than one Liability Order or Warrant of Control against the same debtor he may only charge one ‘enforcement stage’ fee. He cannot apply ‘multiple’ charges.

    If Rossendales refuse to remove the enforcement fee, I would suggest a complaint to the council in the 1st instance
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I know that, I wasn't asking that,

    He stated they should have accepted my offer before he was sent out as I am in receipt of a state pension.
    In which case you're relying on them acting on their own policies - you can ask them to remove the fees on that basis but it would be down to their discretion (although the council may assist on that basis).
    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.
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