Threat of Baliff action - urgent advice sought

jmp1

Hello,

We currently have a situation with our local Council. We had an agreement in place for an old CT bill (2003), because the Council did not receive our payment in March of this year, they put the debt out to a baliff - Rossendales. :eek:

We have written to the Council asking them why they have done this when we are maintaining our agreement, but have yet to receive a response. In the meantime we have received notification of the second visit, due in 5 days, to distrain our goods.

We rent a furnished flat.

The baliffs have sent the paperwork which suggests that they are prepared to accept installments to repay this debt. We wrote to them after their first notification of visit letter and stated that we were already paying this debt direct to the Council under an agreement, but they seam to have completely ignored this.

Because we have continued to make our payments direct to the Council the amount the baliffs are claiming is now incorrect.

What we need to know is what we should do now - considering in 5 days these baliffs are going to visit - neither myself nor my husband are very good with confrontation and neither of us can use the telephone.

On top of this we have now received a baliff notification for 2007/8 as well as a reminder notice for the current year. It feels like they are out for blood.

chevalier

First of all you have to check if they have a county judgement to collect the money. If they don't they are acting as debt collectors and have as much power to enter your home as the paperboy.

Secondly you mention you can't use a phone, but there is nothing stopping you from going down to the council offices in person is there? Take all of your paperwork along. This may mean that the council take it back off Rossendales

chev

jmp1

To answer - the liability order was obtained by the Council in 2003.

I am going to refuse entry and just direct them back to the Council as we are paying them directly (they've cashed the cheques to date). This would be the second visit - if they are refused entry do they then return the account back to the Council?

Do they have the right to go to the landlord and seek entrance from them?

My thoughts are, if they are accepting the cheques then surely thats the same as accepting that there is a payment plan in motion?

No there is nothing stopping me from going to see them directly, except that I am currently off work with a mental health condition and I'm not very good at the mere thought of confrontation either (I know I'm mad).

If the Council would just reply to the letters that would help, but they are ignoring them.

kel123_2

Are you seeking medical advise about your illness. If the answer is yes then contact the council immedeately and tell them. They must not chase you by this means given this condition.

jmp1

Yes I am currently 'under the doctor' and I have listed the fact that I have a mental health issue as the reason why I can't use the 'phone (which isn't an excuse) and requested that they correspond with me by letter or email.

I know that there was a liability order made in 2003, but I don't think I've ever had notification that the Council were going for baliff action - I think I read somewhere that they are supposed to send notification at least 14 days before they send it to a baliff - is this correct?

We were advised that because they hadn't received one payment that they had just put the account with the baliffs and told us to contact them to make payment arrangments, but this was after the fact - so the first we knew they were going to do this was their reply to our previous letter.

kel123_2

Why don't you e-mail the council and ask them to take the debt back because of your vunerable condition (you are going to have to lay in on thick, Doctors and medication) and make the offer to them to pay

caleo

pania wrote: »

herbie your promotion of the above fee charging website has again been reported.

Parts of that site you have to pay for (fair enough) , but there is extremely good information regarding bailiffs on the site for FREE!!!

I think reporting is a bit harsh!

jmp1

firstly can i say herbie21 and pania - could you please argue elsewhere, some people are trying to obtain advice which means something. The website does contain useful information and it's free to visit and read. thank you :-)

With regards to my situation, I phoned the National Debt Advice Line and they put me onto the Local Government Ombudsman. After speaking with a really nice chap he has made a complaint about the Council for me (but he did tell me they have 12 weeks in which to respond). However the complaint has still gone in, and it mentions my mental health issues.

I've also emailed them again asking for them to retrieve the account from the bailiffs and recognise the payment plan they accepted in February of this year. I'm still sending my payments to the Council directly and not speaking with the bailiffs (I've only sent them one letter and that was to advise that they needed to contact the Council as they had the debt in error).

Still it's going to be a nerve wracking week next week waiting for them to turn up, I don't think I'll even answer the door then they'll have to go away.

My only worry was if my husband was home that they might try to take the car or clamp it, but the advice line said that becuase it's primary use is for my husband to carry out his trade (and it's obvious to anyone who sees the vehicle), they can't touch it, if they try to clamp it then they are performing an illegle act and any charge or levy they try to impose is the same.

I'm just waiting for them to return the account as unsucessful and waiting for the Council to admit that putting out an account because they didn't receive one payment is a bit heavy handed (the first I might see the second - an apology from a local council - hell and freezing spring to mind).

dotstar24

Jmp1

I (unfortunatly) deal with Rossendales due to an unpaid CT bill. The bailiff came round once, he let me speak to him in his car, he was not intimidating and said at this stage i wasnt in a lot of trouble with the firm, i did not let him in my house. I did however have to give a small list of goods (i would suggest you show him the itinery of goods belonging to your land lord if they come back). Rossendales usually give about 14 days leaway in regards to repayments (mine have always been late!) but as long as you keep paying they stay away. I've never ever called them, I always email and I always get a response within 24 hours. [EMAIL="info@rossendales.com"]info@rossendales.com[/EMAIL]

Hope this helps.

Dot xxxxx

pania

hi jmp1 and sorry for any offence caused, no arguing intended at all. i would never ever wish to deprive someone of information that is useful to them, but posting site addresses in their entirity is against forum rules hence the reporting. I have deleted the post i made, although i stand by the reasons i said it.
Take care P

kendrah

I have dealt with rossendale continuously for the past 6 years, they are the most stubborn bailiff going. They ask for extortionate payments which keep you in the cycle of debt as its so difficult to pay both them and your new tax years CT. Today I recieved a letter telling me I still owe them £3.50 which isnt on my bill, called them to dispute it and was hung up on as I refused to pay them any more than was originally on my bills! :mad:

Wish you all the luck in the world as they really are difficult to deal with!

Also I was told by my council that once rossendale have the debt they can do nothing and you have to deal with rossendale only