Threat of Baliff action - urgent advice sought

jude47

Hi JMP1

As some of the folk here know, I was a Council Tax recovery officer for over a decade and I just want to clarify a couple of things, and I really, sincerely don't mean to sound harsh, then hopefully give you some weapons to use!

Your debt is from 2003 - it's now 2008 so missing even one payment, or being late with it is cause enough for the council to bang it off to the bailiffs - their view would be they've waited 5 years and that's long enough. As for not being warned of bailiff action, the council would have warned you when they sent you a reminder or final notice before they got the liability order (which is via the magistrates court by the way).

OK, so what you now need to do (and having dealt with Ombudsman complaints for 7 years after being in CTax, I doubt it will go anywhere, sorry to be blunt) is bring in the big guns. It might sound odd, but the best person to have on your side is your local councillor. A good councillor is a pain in the proverbial to council officers and wields power you and I can only dream of. Given your health issues, you need to speak to your councillor, tell in graphic detail them how this is affecting you, keep pestering them if they don't seem to be taking you seriously enough - after all they are your elected representative and it's their job to work for you - and get him/her to at least put a hold on bailiff action until it can all be resolved. That should give you some breathing space.

Are you claiming all the benefits you're entitled to PM1? Please get a benefits check to be sure. And contact one of the not-for-profit debt advice charities (see top of page) for some help and support.

I hope this helps, and believe me, I really didn't mean to come over snotty or anything!!


Jude x

Larumbelle

Some of the info here might be useful to you.

Hope you get sorted x

http://www.tipsandwrinkles.com/?p=25

jmp1

Thanks for all the advice, it's nice to know there are others out there in the same position.

to herbie21 - With regards to the vehicle being for business, it's a taxi - he can't hire another one to replace it, there are no rental companies that hire vehicles out as taxis (beleive me - when his vehicle was off the road due to an accident the insurance companies tried to no avail). It's specifically built for taxi use - i.e. wheel chair passenger adapted and everything.

to Jude47 - thanks for the advice, I've already email my local Councillor, and will keep emailing them until I get a responce. I find it very difficult to use the phone because I get confused with facts and I don't come over very convincing.
My husband is just as bad a me when it comes to phone communication. All I want is for the bailiffs to go away, if that means that I have to have an attachment of earnings then, at least I won't have the worry of people turning up on the doorstep trying to get in - I can't deal with that.

I'm not going to deal with the bailiffs. I will end up having to repay much more if I do that and we're just about managing to repay what the Council agreed to. I'm going to keep sending the payments to the Council and hope the bailiffs return the case to them.

Once they've done that I can then deal with the Council and list all the payments we've already made to them concerning both this debt and the 2007/8 debt. Hopefully we will avoid attachement of earnings, as that was why there was a payment agreement in the first place.

If it can't be avoided then we'll have to go down that route, but I'm determined to stick with it and try and get the Council to see sense, after all they do have the options to accept payment plans.

Just to clarify the 2003 debt - there was a liability order made and I was sent notification of an attachment of earnings, I saw monies being deducted from my wages so figured that this was being paid.

However, they came back to me in 2006 with a statement of what they had received and said that the debt for 2003 had not been taken. I sent in my pay slips and said that as far as I was aware they had taken it. They said that although my pay slips showed attachements they were to cover 2001 not 2003. So that's when they agreed to a payment plan at a set amount each month in order to pay off the liability. I was happy with that and I had been paying that.

In March our payment never reached them, I didn't know this as I only check our bank records once a month. As soon as I realised, they were sent a cheque to cover both March and April payments, which they cashed.

I'm still forever hopefull that some agreement can be found, and will continue on my given path - maybe I'll get a reply soon. Meantime I'm going to keep bagering the Councillor to sort something out.

SingleSue

kendrah wrote: »

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

I successfully managed to get my council to deal with Rossendales and get them to accept my offered weekly payments, which Rossendales had up to that time, completely refused.... I suppose it also helped that the council queried the charges being levied and had a right old go at them!

It didn't matter diddly to the baliff that I was just on the road to recovery from a serious nervous breakdown, that the children were crying and scared, that I had become a single parent and was on income support, no all they wanted was the money in a lump sum (they did suggest one payment plan but they wanted way way way above what a person on benefits could ever afford) with no room for reasonable instalments.

What had made it worse was that it was a council tax debt from 1994 (all this happened late last year) which had become defaulted upon when we were trying to save our home from repossession and had gone to attachment of earnings. When the first demand came in from the council last year, I got straight on the phone to them and they said they would check on it, another letter comes, I ring again and get told they are checking it and the next thing I know, Rossendales are on my back for a debt that was 13 years old from a time when I was married and now I was single on benefits...

Arggghhhhh

bank_of_slate

Don't even open the door to bailiffs then they don't have a chance to come in!
...Linda xx

SingleSue

Hehe, yep knew that one so refused them entry.

jmp1

Have emailed my local Councillor again today. Will keep doing so every day and hope that he gets fed up of receiving them and does something !

Dithering_Dad

jmp1 wrote: »

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).

What is your mental health issue? Are you on medication prescribed by your GP? How long have you been off work? All of this should have a bearing on how the council react to your late payment.

Saying that though, they may just decide that as the debt goes back 5 years (which I am assuming is before your mental health issues) that this is just the "latest excuse".

I guess it's all down to how considerate the council is, or rather the person dealing with the issue. Good luck though.

jmp1

Yes I'm on medication and my condition has been ongoing since 2001.

I'm going to stick with trying my local Councillor and hope that this can be sorted out soon, I've just been to the doctor because I didn't feel well and he says that my current condition is due to stress!

Herbie21

I would advise that you contact Rossendales by e-mail to request a detailed breakdown of the fees and charges that they have applied to your account.

In addition, you need to remind the local council that they have a duty of care to you, the council tax payer and that they are responsible for the "acts and ommissions" of agents under their control (ie: Rossendales).

Finally, because of your illness, I would suggest that your circumstances fall into the category of "vulnerable" according to the National Standards for Enforcment Agents.