Problems with rossendales

[Mrs worried]

I'm new to this so bear with me if I'm doing something wrong.

I had council tax arrears from 2011/12 & was sent to baliffs. After a few visits & threatening letters I payed all my arrears off directly with the council. Rossendales then inform me I have around £150 fees outstanding with them that I need to pay. I disputed this & asked for a break down which included 2 visits, a levy fee, van hire & something else which I can't quite remember but was @ £50. It looks like I may of paid some of their fees when I stupidly paid them directly. Anyway in August a baliff rang my mobile asking for payment & also left an answer machine message on my daughters phone (who is 13). I refused saying fees were unreasonable. Then just before Xmas had another visit & phone call demanding payment & if I didn't pay I'd incur more fees, still I refused. Then yest came home from work to another letter demanding payment or I will be imprisoned. Then text me to say I need to pay or they will call tonight & sit outside my house & charge me per hour for waiting(not sure what they're waiting for) I formed me they have a levy on vehicle( its onhp). So I rang council in tears saying all this is making me ill & their advice was" you need to pay their fees, the problem won't go away"
any advice on what to do next is gratefully recieved x

[bluebottle]

Re: Problems with rossendales

These bailiffs are committing an offence under the Public Order Act 1986 (Causing Intentional Alarm, Distress or Harassment) and, possibly, the Protection from Harassment Act 1997, too. They can ask you to pay lawful fees and you are obliged to pay them, but you are not required to pay anything the law does not permit or they have not lawfully incurred.

Bailiff fees for collecting CT are regulated by the Council Tax (Administration & Enforcement) Regulations 1992 (as amended). Could you please list the fees the bailiffs are trying to extort from you, sorry, are asking you to pay?

[Mrs worried]

Re: Problems with rossendales

I can't put my hand on them at mo but it was definately :- 1st & 2nd vist. Levy of goods ( which they claim was car) then van hire( to come to remove goods) & something else that meant nothing what so ever. I'm so scared as she's threatened to come at 8 tonight & kids will be in bed

[Mrs worried]

Re: Problems with rossendales

My concern is she'll come & wait outside, charge me per hr & cause a nuisance

[bluebottle]

Re: Problems with rossendales

1st Visit = £24.50
2nd Visit = £18.00
Levy Fee = £0.00 (as car is on HP)
Van Hire = £??? Was this on same date of alleged levy? They MUST produce the invoice for the van hire as presented to them by the van hire company.
Attendance to Remove Fee = is this the other fee?

I am going to attach the relevant legislation to this post, along with some other documents. Report Rossendales to the OFT and your local Trading Standards Department. Read through the Debt Collections and list all and any breaches by the bailiffs in your complaint. You will also need to quote the following as well -

Company Name: Rossendales Ltd
OFT Licence No.: 594823

If the bailiff turns up and creates a disturbance, dial 999 and tell the police someone is causing a disturbance. That sort of behaviour is anti-social behaviour and the police will normally attend in such circumstances.

[Mrs worried]

Re: Problems with rossendales

Got a letter back today. It reads:-
our records show that a first call bailiff visited on the 25th July 2011 at approx 4.23pm, 26th July 2011 at approx 1.56 pm & 4th August 2011 at approx 5.08pm
You incurred a first visit fee of £24.50 & a second visit fee of £18.00 as a result of the first two visits.
On the third visit the bailiff was able to levy distress. While the bailiff is only able to levy distress on goods inside your home if peaceful entry is gained, peaceful entry is not required to levy distress on goods you have outside your home.
As the bailiff levied distress , a levy fee of £59 was incurred.
we placed your account into a payment arrangement however payments were not received in line with the amount requested and the arrangement defaulted, resulting in the full balance becoming due.
While we did subsequently receive notification of payment you had made to RMBC, as these did clear the balance in full and you did not contact us to discuss setting a further payment arrangement, your account was passed to an enforcement bailiff.
The attendance time fee is set at amount which takes into account a number of additional factors in additional to the the hire of a vehicle. The fee is therefore set at a certain amount which is agreed by the council.
While some payment has been received, we are able to continue to execute the liability order as the full balance including fees incurred has not been settled in full.
Im sorry to hear you are unwell at present. In order to update our records in relation to this matter we will require a copy of a doctors letter detailing health problems.
Our records show 2 mobile numbers on our records. To allow us to update our records, please confirm your daughters tel no.
Please note certificated bailiffs are not subject to the office of fair trading guidelines, out governing body is CIVEA, the civil enforcement association.
The balance of your account currently stands at £154.50; please arrange to clear the balance in the next 14 days to prevent any further recovery action
yours sincerely
natalie brookes
senior complaintsofficer
rossendales limited

[Somecamel]

Re: Problems with rossendales

Got a letter back today. It reads:-
our records show that a first call bailiff visited on the 25th July 2011 at approx 4.23pm, 26th July 2011 at approx 1.56 pm & 4th August 2011 at approx 5.08pm
You incurred a first visit fee of £24.50 & a second visit fee of £18.00 as a result of the first two visits.
On the third visit the bailiff was able to levy distress. While the bailiff is only able to levy distress on goods inside your home if peaceful entry is gained, peaceful entry is not required to levy distress on goods you have outside your home.
As the bailiff levied distress , a levy fee of £59 was incurred.
we placed your account into a payment arrangement however payments were not received in line with the amount requested and the arrangement defaulted, resulting in the full balance becoming due.
While we did subsequently receive notification of payment you had made to RMBC, as these did clear the balance in full and you did not contact us to discuss setting a further payment arrangement, your account was passed to an enforcement bailiff.
The attendance time fee is set at amount which takes into account a number of additional factors in additional to the the hire of a vehicle. The fee is therefore set at a certain amount which is agreed by the council.
While some payment has been received, we are able to continue to execute the liability order as the full balance including fees incurred has not been settled in full.
Im sorry to hear you are unwell at present. In order to update our records in relation to this matter we will require a copy of a doctors letter detailing health problems.
Our records show 2 mobile numbers on our records. To allow us to update our records, please confirm your daughters tel no.
Please note certificated bailiffs are not subject to the office of fair trading guidelines, out governing body is CIVEA, the civil enforcement association.
The balance of your account currently stands at £154.50; please arrange to clear the balance in the next 14 days to prevent any further recovery action
yours sincerely
natalie brookes
senior complaintsofficer
rossendales limited

If you choose to pay anything the most I think they can charge you is the 1st and 2nd visit fee, the levy can't be charged as they can't levy a vehicle that doesn't belong to you (HP right).

Write back offering to pay £42.50 and you consider the matter closed.

I'm an expert will be along soon to help as well

[Mrs worried]

Re: Problems with rossendales

Do I now need to pay the fees they are asking? The last time the enforcement officer text me she said she was going to wait outside my property charging by the hr waiting to or if goods weren't seized I would face prison. Really need advice on the next step. Much appreciated

[Mrs worried]

Re: Problems with rossendales

If you choose to pay anything the most I think they can charge you is the 1st and 2nd visit fee, the levy can't be charged as they can't levy a vehicle that doesn't belong to you (HP right).

Write back offering to pay £42.50 and you consider the matter closed.

I'm an expert will be along soon to help as well

Not sure what they levied outside the property as I have nothing of value only kids trampoline & playhouse & a car on finance. It's not clear in this letter how much of their fees I have already paid but I did pay some of there fees when I paid them direct by instalments. I'm thinking of writing back as the fees stated don't add up

[Somecamel]

Re: Problems with rossendales

I'd write back and ask for a copy of the levy

[ploddertom]

Re: Problems with rossendales

Do I now need to pay the fees they are asking? No The last time the enforcement officer text me she said she was going to wait outside my property charging by the hr waiting to Not in the Regulations so not allowed or if goods weren't seized I would face prison not her decision and something that happens very infrequently. Really need advice on the next step. Much appreciated

As Somecamel has said you want to know what they levied on. When goods are seized either in the home or outside then a Notice of Seizure must be left detailing the goods seized/levied upon and also the charges made - this is a legal requirement.

[pepsie]

Re: Problems with rossendales

Do I now need to pay the fees they are asking? The last time the enforcement officer text me she said she was going to wait outside my property charging by the hr waiting to or if goods weren't seized I would face prison. Really need advice on the next step. Much appreciated

I hope you saved that text??? You would be liable for legitimate fees, possibly the 1st and 2nd = £42.50 but as others have advised I would be wanting to see the full breakdown to the fees being claimed along with a full breakdown of the account to the previous fees you may have already paid....this will need to be obtained by issuing a SAR (subject access request) and the cost is £10...from what you have posted I think that will prove to be £10 well spent??

Pepsie

[labman]

Re: Problems with rossendales

SAR Template here:

http://www.legalbeagles.info/forums/...Useful-Letters Number 3

[Mrs worried]

Re: Problems with rossendales

All text are saved from the enforcement officer also a letter saying I will be imprisoned if I don't pay. Thanks for the template letter I will do that first thing & await response & obviously post on here what they say x

[ploddertom]

Re: Problems with rossendales

Sorry to put a damper on things but I don't actually think a SAR will serve any purpose. If you are getting the run around from the Tosspots then put the ball firmly back in the Councils lap explaining the difficulties and insist as they are ultimately responsible they provide the information.