Rossendales/council tax

Quash the Liability Order. Suspend Enforcement. Disputing Liabilities. Claim Damages for Misuse of Enforcement Power.
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emsky26
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#1 Rossendales/council tax

Post by emsky26 » 06 Dec 2017 08:13

Hi guys,

I need some advise please. recently had the bailiffs at the door for last years council tax. first of all I never received a notice of enforcement! secondly they have added almost 1000 pounds onto my balance for one visit. original balance was 1312 and its now 2213?!
I have every intentions of paying this debt but not to them. I'm trying to get our local council to take the debt back based on the grounds of my vulnerability. ( I'm 8 months pregnant have been diagnosed with a brain tumour and suffer with severe anxiety disorder). I sent them an email to which ive had no reply but also no further visits) I have since been in touch with my local council and I'm awaiting a response. can I confirm that providing I don't let them in there isn't much they can do? there is 1 car on the drive but its honestly a pile of s**t so if they threatened to take it id laugh because I really couldn't care.

the bailiff is refusing to discuss the reasons for almost 1000 pound increase and also wont respond to any texts. I refuse to speak to her over the phone as I cannot record the conversation. I like to keep things in writing. Can anyone tell me what could happen next and where I stand with it. il put a copy of the email below ( the debt is in my husbands name so I have been email and texting as if I'm him)


Good Morning, 

I am wrting to you with regards to the recent visit I have had from Miss Fyldes with intent to collect council tax arrears, 

I am writing to you to give you a clear picture of our financial situation. 

We are suffering from severe financial hardship at the moment and have been for the last 3 years. This is mainly due to lack of continuity regarding my employment and my partner being diagnosed with a brain tumor. My partner is currently 8 months pregnant and unwell, aside from that she also suffers with severe anxiety disorder (a direct result of her recent diagnoses) She is currently considered a vulnerable person. 

It is my full intention to pay this debt direct to wigan council thus avoiding unwanted and unnecessary enforcement fees. I am aware that I am not legally obliged to deal with yourselves therefor I am advising you that on this occasion I will not be doing so.

For the avoidance of any doubt, please take note that I do not grant your company or any agents acting on your behalf, permission to enter my home, nor do I grant permission to cross boundaries onto my property, including but not exclusively, all lawns, paths and driveways. Furthermore, please take note that as from todays date, I revoke all implied rights of access to my home under common law, for you or any agents acting on your behalf. I wish to add further that there is no vehicle or anything else of value outside my property.

I would be grateful if you would now pass this case back to the council, so that I may begin repaying the debt. Failure to do so will only create an avoidable delay in funds reaching the councils bank accounts.

Kind Regards 

Mr I Harding 


I also sent the following text direct to the bailiff

Miss Fyldes I have sent an email to your offices this morning and I am yet to receive a response. I am under no legal obligation to deal with yourselves. my wife is considered a vulnerable person, she is 8 months pregnant and also has a brain tumour. I have been in touch with wigan council to resolve the matter with them, any further visits to my property will achieve nothing other than my wife becoming more distressed. I have instructed her to not answer the door and there is nothing of any value outside the property. the sooner this case is passed back to the council the better for all.


Any ideas if I could potentially get rid of them an deal with the council direct?? I must add we have every intention of settling this debt. we have been struggling financially since my diagnoses an my husband being made redundant. it isn't a case of don't want to pay, we simply couldn't.

thanks guys

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Pote Snitkin
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#2 Re: Rossendales/council tax

Post by Pote Snitkin » 06 Dec 2017 08:28

First thing - £1312 is quite a lot for one year's CT, especially as you seem to be on a low income. Have you been assessed for CT reduction? Is it definitely for only one year?

The fees at this stage should be no more than £310 - if you have evidence that the bailiff has added £1000 then you need to inform the council ASAP.

You say the CT is in hubby's name only - are you not named on the bill? Has the 25% single person discount been applied? Be wary, as if it has and there are actually 2 people living there you could cause more problems.

You are clearly a vulnerable person but you need to provide proof. The pregnancy is easy to prove ( :mrgreen: ) but you will need to get your GP to confirm the tumour and anxiety.

In the meantime, the bailiff cannot force entry and, as you say, the car is a bag of bolts so isn't worth their bother. It would cost more to take and sell it than it would raise in auction.

emsky26
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#3 Re: Rossendales/council tax

Post by emsky26 » 06 Dec 2017 09:18

thank you for the reply,

for some bizzare reason even though I am on the council tax but my name isn't on this debt. very odd. I have evidence on paper of the huge increase by the bailiff. should I be sending a copy of this to the council? I also have a letter from my neurologist which confirms my diagnoses. as for the anxiety it shouldn't be a problem to have this put in writing by my gp and yes the pregnancy is pretty obvious, I currently look like beached whale haha, when they visited it was me who answered the door. now I have had dealings with these in the past for an unpaid parking ticket. (my fault) and they were much more forceful than this and wouldn't leave without payment. this time I simply told them my husband wasn't home and shut the door in there faces and to my surprise they left! we used to get a reduced council tax until my husband started a new job his new job didn't last long as the company he was working for was squashed shortly after an he was left unemployed for some time. I have sent an email to our local council as trying to get someone on the phone is like trying to contact the pope! its ridiculous. If they turn up an I just ignore them they cant just come into my home can they? I keep my doors locked at all times anyway. how long does it take for these parasites to get bored?

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#4 Re: Rossendales/council tax

Post by Pote Snitkin » 06 Dec 2017 09:23

The letter from the neurologist should be enough.

You need to ensure that the full CT reduction has been applied for periods of unemployment, plus double check whether there was any reduction can be applied during periods of employment, no matter how small.

Deal directly with the council - the bailiff will just muck you about. And no, they cannot force entry but can enter through an unlocked door.

emsky26
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#5 Re: Rossendales/council tax

Post by emsky26 » 06 Dec 2017 09:28

the most frustrating part in all this is that we have just recently been working with stop change to resolve our debt and felt like we were getting somewhere. we had mortgage arrears and 2 charging orders on the property which we have managed to settle. my husband had an accident at work 4 years ago, he cut all his fingers off his left hand with a rip saw and as hes a joiner it took him some time to get back in to work so ever since this we have had nothing but issues. starting to feel like its easy to go on benefits haha

emsky26
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#6 Re: Rossendales/council tax

Post by emsky26 » 06 Dec 2017 09:59

what does the red star mean at the side of my thread?

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Schedule 12
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#7 Re: Rossendales/council tax

Post by Schedule 12 » 06 Dec 2017 17:31

emsky26 wrote:
06 Dec 2017 09:59
what does the red star mean at the side of my thread?
Its your thread.
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Author: dealingwithbailiffs.co.uk

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#8 Re: Rossendales/council tax

Post by Schedule 12 » 06 Dec 2017 17:34

A brain tumour, husband ripped his fingers in an accident at work, unemployed. You are clearly a vulnerable person, which means you are exempt from bailiffs fees and charges.

http://www.dealingwithbailiffs.co.uk/Ba ... eholds.htm
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emsky26
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#9 Re: Rossendales/council tax

Post by emsky26 » 07 Dec 2017 16:34

update guys.. wigan council have emailed me today with the exact balance, they have told me I can pay them direct however Rossendales may still pursue for there fees. I ve read somewhere that they cannot do much if the debt is paid. is this true?

emsky26
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#10 Re: Rossendales/council tax

Post by emsky26 » 07 Dec 2017 16:36

to add to that since emailing them an basically telling them I will not entertain them I haven't had another visit or heard anything from them?

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#11 Re: Rossendales/council tax

Post by Schedule 12 » 07 Dec 2017 18:28

emsky26 wrote:
07 Dec 2017 16:34
update guys.. wigan council have emailed me today with the exact balance, they have told me I can pay them direct however Rossendales may still pursue for there fees. I ve read somewhere that they cannot do much if the debt is paid. is this true?
Paying the council tax will end the enforcement power, but that doesn't mean you do not owe the fees. The bailiff cannot take control of goods in respect of them.
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emsky26
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#12 Re: Rossendales/council tax

Post by emsky26 » 07 Dec 2017 18:46

super. thanks for your help

emsky26
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#13 Re: Rossendales/council tax

Post by emsky26 » 11 Dec 2017 20:30

more help please.... since I last wrote I have still heard nothing from Rossendales I'm feeling like its the calm before the storm so to speak? could it be that they have taken our situation into consideration or could it be that they are waiting for a better time to catch the husband at home? I wrote to our local MP last week and I had an email today advising that she will make contact with the relevant people to see if they could stop bailiff action based on our circumstances. Could that be why I haven't heard anything? In some ways the silence is worse!

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#14 Re: Rossendales/council tax

Post by Pote Snitkin » 12 Dec 2017 15:49

It's possible, but seeing as the council have said you can pay them direct then you just need to follow that.

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