Rossendales final notice- help please

[ploddertom]

Re: Rossendales final notice- help please

The first time - Mr D levied on my Husbands company car - did you inform them of this at the time?

The second time they levied on my personal car which is now parked well out of the way - does this have any outstanding credit on it?

PT
PT

[Katc07]

Re: Rossendales final notice- help please

PT
PT

Yes i did tell them it was a lease car

And no it doesnt we own it outright, however its worth about £500

[ploddertom]

Re: Rossendales final notice- help please

OK, you need to write to Rossendales challenging the first levy on the principle the vehicle is not yours. They will no doubt write back and say you have to then prove that. The fact is the Bailiff after being advised the vehicle was leased should have use due diligence to check - a simple DVLA check would have revealed this. Therefore you need to ask the levy and ALL associated charges are removed and replaced with a 2nd Visit Fee of £18-00 instead, this makes the charges on the first account £42-50.

As for the 2nd levy on your own vehicle I would contest the Bailiff has not seized sufficient goods, if the goods seized are to be removed and sold at auction the must:
i - cover all the Bailiffs fees
ii - cover the costs of removal & storage
iii - cover the costs of the auction
iv - cover the Auctioneers fees
v - pay a proportion of the debt outstanding
If your vehicle is only worth £500 then at auction it will only achieve £50/£100. Therefore you can argue the Bailiff only made a levy in order to gain a financial gain for himself & his company, the charge should be removed.

Also since the levy was any payment arrangement made? If so has this been adhered to?

[Katc07]

Re: Rossendales final notice- help please

I have written back to Rossendales stating the information you gave me above. I've also asked that they suspend further action on my account as I consider it to be disputed.

No payment arrangements were made on the back of either levy

[ploddertom]

Re: Rossendales final notice- help please

I have written back to Rossendales stating the information you gave me above. I've also asked that they suspend further action on my account as I consider it to be disputed.

No payment arrangements were made on the back of either levy

In my view I would argue that the other levy they have/had on your car should be classed as abandoned. Since its inception in May this year no payment arrangement was made with yourselves, there have been no further visits by the Bailiff since this time to check on the condition or availability of the goods. Again Rossendales may argue otherwise but in truth it has been nearly 5 months whereas it should have been nearer to 5 days. The levy fee and all associated charges should be removed and as they have not further Visit fees they may apply they should now think about returning both debts back to the Council.

[swifty]

Re: Rossendales final notice- help please

What I don't understand is you said in your first post that the total amount was for £2473 but after the breakdown you received from them the total came to £2605.29, that's a difference of £132.29.
Their figures just don't add up?

[ploddertom]

Re: Rossendales final notice- help please

Wouldn't worry unduly as their abacus is usually missing a couple of beads.

[Katc07]

Re: Rossendales final notice- help please

Thought I would come back and update you.

No word from the council yet but we did receive today a letter from Rossendales saying they had received our complaint and would conduct a full investigation into our account. It says they aim to provide a full reply with 10 working days.

Will let you know what they say and thank you for all your help so far! I guess this means I'm safe to park back on the drive for a while at least

[alham]

Re: Rossendales final notice- help please

Do not let the council off the hook. Demand to speak to the person authorised to deal with this case, escalate the case if necessary. Speak to the Head of Revenues in your council (his/her office). If you make enough stink they will suddenly find the will to deal with your case.

[bluebottle]

Re: Rossendales final notice- help please

Keep it in writing as then you have a paper trail with which to beat them with them.

[alham]

Re: Rossendales final notice- help please

I would start on the phone, then confirm conversation by e-mail and a letter. Unfortunately, if just letter they have up to 10 days to acknowledge/deal with it. And we are in time-of-an-essence mode.

[Katc07]

Re: Rossendales final notice- help please

Thanks for your help so far, I've now received responses from both Rossendales and The council so wondered what to do next.

This was the response from Rossendales

"I note that you state one of the vehicles levied upon belongs to a leasing company and that you expect us to contact the DVLA to confirm this. For data security reasons the DVLA will not provide usnwith details of the registered keeper of the vehicle.
I must therefore ask you to provide us with paperrwork from the leasing company to show you are not the legal owner of the vehicle.

I note you confirm the econd vehicle belongs to you but you state it is of little value, so you believe the levy is invalid. I am unaware of any regulations or case law which support your opinion, therefore I am satisfied the levy is valid.
However a baliff would only remove an item or items which would be likely to cover all costs involved and a percentage of the debt. The liability order acts as a continuing power to seize goods so the baliff can levy on further items as they become available."

They then go on to say we have 14 days to prove the lease car isnt ours and to provide an offer of payment with full details of our income and expenditure.

Any ideas of where to go next? I will post a different reply with the councils response

[Katc07]

Re: Rossendales final notice- help please

Here is the response from the council.... One thing I noted from their attached spreadsheet was that they have applied all the payments I've made to my last years bill rather than this years, are they allowed to do that given that only this years bill is a priority debt?



Thank you for your email received 2 October 2012; I apologise for the delay in my response. a copy of your email has been attached for your reference.

I will answer each question in turn as listed in your email.

Your account has two liability orders that were obtained at North xxxxxxxx court. One liability order relates to 2011/12 and was sought on 7 July 2011 and the liability order relating to 2012/13 was sought on 15 June 2012.

These arrears relate to your current address at xxxxxxxxx.

The Liability orders have been listed below and show you the period in which they relate to:

Liability Order relating to 2011/12 - 1 April 2011 – 31 March 2012

Liability Order relating to 2012/13 - 1 April 2012 – 31 March 2013

Your 2011/12 bill and summons was for £1,267.16 excluding costs of £85.00. Your 2012/13 bill and summons was for £1,269.13 excluding costs of £90.00.
Your outstanding balance for 2011/12 is £195.66 and your balance for 2012/13 is £1,359.13.
The arrears for 2011/12 were passed to Rossendales Bailiffs Ltd (Rossendales) on 11 July 2011 and your 2012/13 arrears were passed to Rossendales on 18 June 2012.
A breakdown of your account has been attached for your attention.

A payment plan cannot be set as your arrears remain due and payable to Rossendales direct.

[wales01man]

Re: Rossendales final notice- help please

Is the last line in councils reply correct from what read its not do the plebs in the council not know the rules ?or am i a pleb?

[ploddertom]

Re: Rossendales final notice- help please

Is the last line in councils reply correct from what read its not do the plebs in the council not know the rules ?or am i a pleb?

Usual stance from the Council, best left to dig themselves a hole they find difficult to extricate themselves from.