Baillif advice needed urgently PLEASE - I did it!

[Amy]

Re: Rossendales

They definately have no walking possesion order as I have never even spoken to them face to face.
I read the link above which is interesting. As I said earlier, when I sent off for the SAR my charges (which I keep an eye on on their website) were dramatically reduced all of a sudden. I just didnt know whether he could charge for a van he has come round with.

As you read on the other thread, they can send as many vans as they like, but unless they already have a valid levy, there is nothing they can do. The fees were not reduced by accident, they were reduced because they know they are wrong and therefore fraudulent.

Is there anything I can do about this. What do I do now? Do I just keep paying them online as I have been doing? I wont phone them as you say not to and I definately wont let them in.

Use the information from the thread in the link I gave you and compile a letter or you can edit this one to suit Bailiffs Walking Possession order unsigned not received - Legal Beagles post #9

Also, I vaguely remember reading something on here before about them charging 80p every time I pay by card. Are they allowed to do this? I know its only 80p but it all mounts up over time. Your views would be much appreciated. Many thanks for taking the time to read this. xx

No, they are not allowed to charge any unprescribed fees, this is also fraudulent and if you wish you can go this route Equita bailiffs Urgent help required!! please - Page 2 - Legal Beagles post #45

[kesprg]

Re: Rossendales - Urgent Help Please

Hi Again
I urgently need your advice again. I had a Rossendales bailiff turn up half an hour ago with a large white van. He banged on the window demanding that I opened it to speak to him. I refused and he shouted that he had a warrant from the council to remove my goods. I told him through the window that I wasnt letting him in as he did not have a walking possesion order. He said if I didnt let him in he was seizing the car on the drive. I told him it wasnt mine as I dont even drive. My partner was here and he confirmed that the vehichle is his. The baillif said we had to prove it so my partner said he would drive up to his place and get the documentation. I let him out the back door and locked it again. The bailiff then confronted my partner and told him he wasnt going to move his van to let him out and he should get a taxi. My partner refused and drove across the neighbours drive to get out. The bailiff then pulled up his van on my drive. He banged on the door again and then went and checked out the back which was all locked. He then went to his van and got some paperwork which he shoved through my door and drove off.

This is what is worrying me. One piece of paper was a final notice which I have had before. It says I owe £345 more than I actually do plus further costs. He has hand written on it that commital to prison comes next. Can they do that?

The 2nd piece of paper is a Notice of Distress on the top half. It says that he has today seized, distrained and impounded upon the premises the goods specified below and that unless I pay withion 5 days the goods stated will be seized and sold. He has listed 'All goods on the stated premises that belong to me unless exempt or specially exempt by statut law'
He has then signed this part and dated it with todays date.
The bottom half of the paper is a Walking Possesion Aggreement.
It says
To Mr Foster (the bailiff)
In consideration of a. You not immediately removing the goods, b. You delaying the sale of those goods I HEREBY AGREE THAT:
1. You may take possesion of those goods and hold them in Walking Possesion.
2. You or your man may enter or re-enter the premises at any time while the distraint is in force.
3. I will not remove or allow to be removed from the premises any goods so distrained.
4. You may remove and sell those goods at any time after the 25/3/10 if I have not by then paid the sum due and your fees, charges and expenses. I certify that a copy of the possesion agreement has been handed to me.
Its then dated with todays date and there is a blank space for I presume my signature.
They have then listed how much I owe, which is £60 more than I do and then a list of £55.00 charges and £230 for 'other' charges.
The baillif has then signed it.

I am sorry this is so long but I really need to know if this now means he can come back and get entry from tomorrow. I am gradually paying this debt off but cannot afford to pay the whole sum. Believe me, if I could do it I would just to get rid of the worry.
My daughter was with me and witnessed all of this so she is now upset thinking all sorts.
Please give me some advice on what I should do and where I now stand.
I thought I was handling all of this but this has come as a shock tonight and I am now beside myself with worry.

[Amy]

Re: Rossendales - Urgent Help Please

One piece of paper was a final notice which I have had before. It says I owe £345 more than I actually do plus further costs. He has hand written on it that commital to prison comes next. Can they do that?

Absolutely not. Make sure you keep this piece of paper very safe.

He has listed 'All goods on the stated premises that belong to me unless exempt or specially exempt by statut law'

This is not valid. First it is not valid as it has been posted through your door and second, it is not valid because goods must be levied specifically. It is not sufficient or legal to write what he has.

You need to fire off a letter first thing in the morning to your council and insist that they rectify this situation immediately. You also need to write to the bailiff and make a complaint, copy both letters to each.

Have you checked to see if this bailiff is certificated? Certificated Bailiff Register - Legal Beagles Consumer Forum

[kesprg]

Re: Rossendales

Hi Amy

Thank you so much for your reply. Im afraid I lost it a bit this evening and panicked!! I have already started writing a letter to Rossendales and the Council. I have worked out my finances and am going to pay off half the amount owed at the end of this month and half the end of April but that is the best I can do without borrowing money at extortionate costs which I dont want to do. It is going to leave me with next to nothing to survive on but I just want to put an end to this. However, I am going to tell them in the letter that I am not prepared to pay the extra £345 plus costs as I dont owe it and that once I have paid the £1000 I consider my account to be closed. I have put that if they insist on sticking to the extra costs I will fight them but can I actually do this or will I still have them constantly wearing me down? I am going to send photocopies of the paperwork he has put through my door to the council, and to Rossendales, along with my account statement online which still states that I owe exactly £1,000. Is this the right thing to do? It also shows on the statement how much I have already paid off including £59.70 in fees. Am I right in thinking they cant charge me any more fees. What do I do if they refuse to drop the £345. I dont think I can last all summer with the doors and windows locked and the stress of it all. However, I really dont want to pay this extra money to line their pockets. It takes me 2 weeks to earn that and they want it for putting paper through my door in 2 seconds flat.!!

[Amy]

Re: Rossendales

However, I am going to tell them in the letter that I am not prepared to pay the extra £345 plus costs as I dont owe it and that once I have paid the £1000 I consider my account to be closed. I have put that if they insist on sticking to the extra costs I will fight them but can I actually do this or will I still have them constantly wearing me down?

Yes you most certainly can do this. There is no walking possession in place so they have no business visiting you and attempting to collect goods. To attempt to charge you for this is fraud. Section 10 of the Distress for Rent Rules 1988 states:

No person shall be entitled to charge, or recover from, a tenant any fees, charges or expenses for levying a distress, or for doing any act or thing in relation thereto, other than those authorised by the tables in Appendix 1 to these Rules.

Post #5 should help you out here Rossendales Bailiff - Legal Beagles Consumer Forum

I am going to send photocopies of the paperwork he has put through my door to the council, and to Rossendales, along with my account statement online which still states that I owe exactly £1,000. Is this the right thing to do?

Absolutely right.

It also shows on the statement how much I have already paid off including £59.70 in fees. Am I right in thinking they cant charge me any more fees.

On the reply to your SAR, what is the £59.70 for?

What do I do if they refuse to drop the £345.

We will cross that bridge when and if we come to it, but you should mention in your letter that you are prepared to file a Form 4 complaint and you can find details of how to do this in the bailiff guide.

Did you check to see if he is certificated?

I know it's really difficult but there is absolutely nothing he can do, so try to stop worrying and try and get some sleep. Post up your letter if you'd like us to take a look at it for you.

[kesprg]

Re: Rossendales

Hi Amy

I have just looked in my SAR and they have charged 24.50 for visit 1, 18.00 for visit 2, 10.00 for the SAR and the rest is all the 80p's I am charged for every payment I make. Is there anything else they can charge me for or can I refuse to pay anything else. I dont want to refuse to make a payment they are within their rights to make.

I did check and he is certificated.

I am feeling a lot calmer now, thanks to you.

[Amy]

Re: Rossendales

I have just looked in my SAR and they have charged 24.50 for visit 1, 18.00 for visit 2, 10.00 for the SAR...

Did you not include your payment with your letter or do you mean they have in fact charged you £20?

... and the rest is all the 80p's I am charged for every payment I make. Is there anything else they can charge me for or can I refuse to pay anything else. I dont want to refuse to make a payment they are within their rights to make.

This gets better and better. They are not allowed to charge you 80p, or any amount for that matter, for making a payment. This is also fraud, see post 51 Sister-in-Laws parking ticket/Bailiff visit - Page 3 - Legal Beagles Consumer Forum you need to include as much detail in your letters from these links I have given you as possible.

I am feeling a lot calmer now, thanks to you.

I am glad you are feeling better, they are horrible to deal with and with what you have said tonight they are very much in the wrong here and do not have a leg to stand on.

[kesprg]

Re: Rossendales

Hi Amy

Yes I did send £10 with my SAR request but they have listed it in the charges I have paid.

I have included all the detail I can in both my letters and will post them first class tomorrow.

Thank you so much for all your help this evening. I feel much more prepared to deal with this now. I will let you know what response I get from my complaints. I cant believe so called reputable firms keep getting away with this and extorting money from already struggling and vulnerable people and are employed by councils.

I hope that other people reading this and the advice you have given will get the strength to fight and complain.

Thank you again. You have been absolutely a rock for me this evening.

[Amy]

Re: Rossendales

You are very welcome and I'd love to hear what you get back xx

[kesprg]

Re: Rossendales

Hi Amy

Can I just ask your advice again please? I sent off the letters to the council and Rossendales yesterday with copies of the paperwork put through my door and my outstanding balance of exactly £1,000 as on Rossendales online payment system. I also received my new council tax bill today with this years payment schedule and a copy of last years showing I owe £1000.
Obviously I havent heard back from Rossendales or the council yet as they probably received the letters today but I have just been on to my online account with Rossendales to pay off £500 as I advised them I was going to do and they have now added £163 to the account so it stands at £1163.00. They have listed my fees as £222.
They have obviously received my letter I assume stating that I was not going to pay the £1348 that the bailiff had handwritten on the paperwork and that I would pay the £1000 in full and final payment in 2 halves.
So, what I want to know is, now they have reduced the amount from£348 over what I owe to £163 do I have to pay it? Will that be seen as reasonable charges for him coming out with a van and putting 2 pieces of paper through my door?
I havent paid the £500 yet as Im now worried that if I pay it to them they will automatically take out the £163 in charges first before giving any to the council. What do I do?

[Amy]

Re: Rossendales

So, what I want to know is, now they have reduced the amount from£348 over what I owe to £163 do I have to pay it? Will that be seen as reasonable charges for him coming out with a van and putting 2 pieces of paper through my door?

The thing to remember here is that with the collection of unpaid council tax, a bailiff cannot really make any serious money legitimately and the reason for this is that the parameters they should work within are so strict.

They are only permitted to charge for a maximum of two visits, no matter how many times they turn up. They are also not permitted to charge for sending you letters - so in order for them to earn some money - they make it up in the hope you do not know your rights and simply pay up.

In your case they have now added a levy fee because they visited you with a van. However, in order for him to attend with a van you must have previously allowed him in to your property. You have not done this, so the fact that he turned up is meaningless and they cannot charge you for it.

If their fees were legitimate, they would not have reduced them at all.

I havent paid the £500 yet as Im now worried that if I pay it to them they will automatically take out the £163 in charges first before giving any to the council. What do I do?

Pay the council direct.

[kesprg]

Re: Rossendales

Thanks Amy. Thats what I thought. Im more than happy to pay the council direct but can I insist that they take it off of last years debt and not off of the new bill I have just received which I have set up a monthly direct debit for? The reason I ask this is because a friend of mine was in a similar situation a couple of years ago and when he paid the money to the council they took it from the current bill and not off the debt as they said this had been passed over. I intend to keep up with my payments on this years bill but I cannot afford for them to use the £500 for that and still be left with this hanging over me.

[Amy]

Re: Rossendales

Well, you've written your letter of complaint to the council now and you've told them you hold them responsible for your treatment by the bailiff, so yes, I would insist on it for the reasons you have stated above.

[kesprg]

Re: Rossendales

Thank you Amy. Im going to send a cheque to the council tomorrow with a covering letter insisting its for the debt with Rossendales not for this years council tax. I will also send a letter to Rossendales telling them I am paying the council direct and will not be paying their fraudulent charges.
Hopefully one day soon I will be able to post on here that I have sorted all this out and got rid of them and if I do it will be all thanks to you. x

[Amy]

Re: Rossendales

Rubbish, I've just pointed you in the right direction.