Rossendale bailiffs- walking posession order

[alie710]

Hi, hoping someone can offer me some advice. My partner fell behind with our coucil tax payments and was given a court date for 1st December 2010 which he ignored. Received a letter on 6th December 2010 warning us that bailiffs would become involved if we didn't pay immediately. Came home today to find an intimidating letter from rossendales saying they had called and to phone immediately- we owed £295 plus fees but they would accept £90 upfront and then instalments. My partner phoned the bloke straight back an said he would pay the £90 today over the phone but bailiff said he would have to come to the house. This started alarm bells ringing but partner thought it would be fine.

Anyway he arrives and imemdiately gives us a walking posession order- listing 7 items including tv, playstation etc. Bailiff accepts £90 and says we have 3 months to pay the rest. he leaves promptly and when I get chance to look at the paperwork (I was upstairs with our young son) it states we have 14 days to pay in full or they will force entry into our property to retrieve the items on the order which my partner (stupidly) signed.

So 1) do you think he told us 3 months to screw us over and in 14 days he will return charging us more fees?

2) they added about £90-100 fees to the balance- is this too much? I can't tell you exactly what they were for as my partner is at work and took all the paperwork with him.

 

Any advice greatly appreciated!

[alie710]

Oh forgot to say my car was in the driveway but as far as I'm aware he made no note of this. It is my car and the council tax is just in my partner's name.. Would they still try and take this? Its also on hire purchase.

[Tingy]

Your quickest way to deal with this if you can get the money together is to pay online to the council or via their automated telephone system. The bailiffs then have no right whatsoever to force entry into your house to collect any goods levied. If they want to chase you for their fees they will need to go to court (though they will probably claim they can claim them under the existing court order - they can't). In any case it's always best to pay the council direct - don't try to approach their frontline staff to pay as they'll say they can't take it. They're lying, but that's what they will say. By paying the council you deny the bailiffs their fees, otherwise you'll find if you pay the bailiffs £90, the council may get only £40-50 of this as the bailiffs will deduct their fees first.

 

Once the debt is settled then any bailiff fees can be sorted out, though what they have charged you is totally illegal. Let them carry on for the moment, as once you've enough ammunition, we'll then put a letter together and send it to the CEO of the council reminding him/her that they are vicariously liable for the bailiffs actions and as such are laying themselves open to litigation by employing these people.

 

I've handled loads of these this year and not once so far has the bailiff received a penny. It's harder here as they have the walking possession and there's not long to go until the end of the financial year. To be honest, if you can get the money together to pay the council direct, I would. Once accepted, get the nil balance receipt from the council and just produce it next time the bailiffs appear. Make sure you have a camera to hand as their faces will be a picture.

[alie710]

Ok the fees were; first visit- 24.50

second visit- 18.00

Levy fee- 35.00

Other- 12.00

So if I pay the council the rest of the money online, how can I get proof of that to show the bailiff? What if they still try to force entry? Will the council accept that the outstanding balance has been paid even if they don't accept the payment directly?

[Tingy]

Ok the fees were; first visit- 24.50 Legal

second visit- 18.00 Legal

Levy fee- 35.00 Probably illegal - what's the total amount on the liability order?

Other- 12.00 This is the walking possession fee, so again legal

So if I pay the council the rest of the money online, how can I get proof of that to show the bailiff? Once you've paid direct online, you may be able to get a print off showing nothing outstanding, or go into the council offices and ask for a breakdown of anything outstanding on your council tax. What if they still try to force entry?They are committing a criminal offence if you have proved there is no longer any debt to collect, so phone the police. Do not let them in under any circumstances - they'll try everything, stay in the warm, avoid embarassment, use your phone, use your toilet - don't let them in. Full stop. Will the council accept that the outstanding balance has been paid even if they don't accept the payment directly?Yes! You'll have to trust me on this one. I've dealt with loads of them!

 

If you can pay the council, do so. Most of your worries above , while totally understandable, will not happen, especially if you can act quickly with the council. Don't expect the bailiffs to be happy as they won't be - you'll have beaten them at their own game, but there is absolutely nothing they will be able to do.

 

For levying distress, the following fees may be charged (or a lesser amount if that would be reasonable):

 

£24.50 for the first £100

For the next £400 - 4%

For the next £1,500 - 2.5%

For the next £8,000 - 1%

For any additional sums - 0.25%

[ploddertom]

Anyway he arrives and imemdiately gives us a walking posession order- listing 7 items including tv, playstation etc. Bailiff accepts £90 and says we have 3 months to pay the rest. he leaves promptly and when I get chance to look at the paperwork (I was upstairs with our young son) it states we have 14 days to pay in full or they will force entry into our property to retrieve the items on the order which my partner (stupidly) signed.

 

I assume you invited him into your home? Did he already have the levy written out or did he do it whilst in the property? Can you list everything that is on your Notice of Seizure?

 

PT