Baillif advice needed urgently PLEASE - I did it!

[kesprg]

Re: Rossendales

No, Im not having that!! You are an absolute star. Before speaking to you I would have just let the bailiffs in and paid all their charges thinking I had no choice and that they must be right as they work for the council. Im sure lots of people do that as well as they dont know any better. I cant sing your praises highly enough. Thank you a thousand times. I will keep you posted. x

[kesprg]

Re: Rossendales

Hi Amy

Back again!! I finally received a reply from Rossendales after sending them 2 letters, dated 24th and 26th March complaining about the actions of their baillif. Just to fill you in, I also sent letters to the council telling about the baillifs and I sent them a cheque paying half of what I owed telling them I would pay the other half at the end of April. I havent heard a word back from them but the payment got taken off my Rossendales account on April 9th so they must have been in contact with them.
Anyway, back to the letter I received from Rossendales. They have written that they interviewed the van baillif who told them that he visited my property on 5th March but could gain no access. This is correct as we were out. He also said he left a notice of removal in a sealed envelope through my door addressed to me. This was partly correct but the notice was not in a sealed envelope, just pushed through the door.

He said that he received no response to this notice which again is correct as I am aware that it is not advisable to phone them, so I didnt. It then states that he again visited on 24th March and knocked on my door but could gain no response. This is not quite right as he saw me through the window and banged loudly on the window shouting about how I should let the baillifs in and that if I didnt he was going to levy on a car parked in my drive. He then admits that I spoke to him through the window and advised him I would not let him in and that he didnt have a signed walking possesion order, which is correct. I also told him the vehicle wasnt mine as I dont drive, and a friend of mine advised him that it was his and he didnt live here.

He then totally fabricates what happened in that he said he levied on the vehichle and my friend came out of the house, was verbally abusive to him and then got in the car and deliberately drove at him after being verbally abusive again.

What actually happened was that the baillif told my friend through the window that he must prove the vehichle was not mine. My friend said that he would have to drive to his home, which is about 3 miles away to get the documents as he obviously doesnt keep them on him. He went out of the house and the baillif told him he would have to either walk or get a taxi to get the documents as he would not let him take the car. My friend has a heart condition so was not going to walk 3 miles each way, and he is unemployed so cannot afford a taxi and didnt see why he shouldnt be allowed to drive his own car. The baillif got very mouthy so, my friend did tell him to f*** off just the once and got in his car. The baillif then jumped in his van and attempted to pull it in front of the car so my friend could not move out but was not quick enough so my friend drove across my neighbours adjoining driveway. The baillif then got out of the van and shouted through my window again before shoving the removal notice with my friends car listed on it through the door and sped off. If he had waited another 20 mins he could have seen the documents my friend came back with. My friend would not drive at anyone as he is not the violent type and I witnessed this through my window.

The letter then goes on to say ' I confirm the wording "and all other goods on the stated premises.........." should not be endorsed on the Notice of Distress. Does that mean they are admitting he was wrong to write this?
She then writes that the amount of costs quoted on the Notice of Distress and the final notice is a miscalculation on the part of the baillif for which she apologises. No surprise there then!! Funny how hes made that same mistake several times. No mistake but a deliberate action I would have thought!
She then says that she has enclosed a breakdown of costs for my information ie. £55 levy fee and £110 van costs.

She also states that the baillif should not have written 'commital to prison next' on the notice. Nothing to say that hes had any punishment for any of this though.

She says that the statement I got from their website was prior to the visit which is why the costs are not on there and that the 80p charged in respect of debit card transactions is explained on the document 'payment methods' from my first visit.

She then concludes that the levy is perfectly legal and the levy fee and van costs are correct. They apparantly are holding action for 7 days from the 12th April pending proof that the vehichle is not mine and have asked me to send insurance documents, a bill of sale and the V5. Once received they will reconsider the matter.

Im sorry this is so long winded but I just wanted to know firstly if we have to send insurance documents for the vehicle and the bill of sale. My friend is very annoyed at having to prove the car is his when this is nothing to do with him. He has the V5 and is happy to send a copy of that. The insurance documents he thinks are irrelevent as anyone can insure a vehichle so prove nothing although he will give me a copy if necessary. He doesnt have a bill of sale as a friend gave him the car when they were going to scrap it and my friend got it working again. Where do we stand if we do not send this?

Also, they are basically saying they can charge the 80p because they put it in their paperwork. Is this correct? Even if I pay at the post office I have to pay an extra 80p to them all the time so its not like its just a debit card fee.
Also, when they say the will reconsider once the car is proven not to be mine, does this mean they have to drop the levy charge and van charge or can they still charge me this. I am going to pay the remaining debt to the council at the end of the month again as I dont want to pay these charges if I dont have to
and they are obviously going to take these before passing any money on.

Thank you for taking the time to read all this. I look forward to your advice.

[Amy]

Re: Rossendales

Im sorry this is so long winded but I just wanted to know firstly if we have to send insurance documents for the vehicle and the bill of sale.

No, you don't have to send insurance documents, it has nothing to do with them. I would just write them a letter from your friend saying the vehicle is his. As you say, why should they be furnished with legal documents that are nothing to do with him.

Also, they are basically saying they can charge the 80p because they put it in their paperwork. Is this correct? Even if I pay at the post office I have to pay an extra 80p to them all the time so its not like its just a debit card fee.

Oddly enough that has been touched on today Detailed Assessment of Bailiff's Fees - Legal Beagles Consumer Forum have a search on google for this, but essentially card fees are not allowed.

Also, when they say the will reconsider once the car is proven not to be mine, does this mean they have to drop the levy charge and van charge or can they still charge me this.

Yes, they certainly should drop these fees.

[kesprg]

Re: Rossendales

Thanks Amy. I will set to this evening writing them another letter. Just one more question, if I refuse to pay these levy and van charges but have paid off all my council tax debt can they still keep chasing me and putting removal notices through my door etc. It would be really nice to be able to have doors and windows open in the summer!! I thought I read somewhere a while back that they couldnt levy on your goods etc just for their fees but I could have got it wrong.

[kesprg]

Re: Rossendales

Hi Amy

I just thought Id update you on my situation incase it helps anyone else going through the same thing. To keep it short, I sent Rossendales a copy of my friends V5 proving the vehichle was his and also told them I was unhappy with the lies the bailiff concerned had told about the events of the visit and that I expected them to drop the £163 charges they were still trying to extort from me. They had said in the previous letter that the bailiff had miscalculated as originally he was trying to charge me over £300 (which was written in biro on the paperwork he put through the door.) They told me this was a human error but the £163 was legal. I wrote back asking how he could make the same error on so many occasions (I sent them photocopies of the documents he had written on as proof). I suggested that he was in the wrong job if he couldnt add up.

I then got a very curt letter from the Council, whom I copy everything to saying my comments had been noted but they would not take my account back. They had however informed Rossendales that I had paid half of what I owed to them.

I then received another letter from Rossendales saying my complaint was now at stage 2 of the complaints precedure and that if I took them to court I would be charged!!!

Today, however, I received a letter from Complaints Team Senior which was very apologetic for the bailiffs behaviour. She says that he still sees what happened as different to me but she cannot comment on that as she wasnt there whcih is a fair comment I suppose.

The most interesting part is that she says the bailiff cannot come up with any explanation for the charges he was trying to get for me and she has suggested retraining. Apparantly he is adamant that he was not trying to unlawfully obtain money!!! Speaks for itself really doesnt it? She has also stressed to him the importance of sealing docuiments that come through the door as I had several not in envelopes.

Anyway, at the end of the letter suprise suprise, they state that they are removing the levy fees from my account so I just owe the final bit of my actual council tax bill which I am paying very shortly (to the council directly as I still dont trust Rossendales). Needless to say I am delighted with the outcome as that was all I wanted. No doubt they will still try to add these outrageous fees but people should fight it and not give in. I know it is hard when they are banging on your door, I nearly went to pieces at some points, but armed with information from you I was determined not to line their pockets with my hard earned money.

Just for your information, I saw on another thread you gave Rossendales address but they have had a new one for alittle while which is Wavell House, Holcombe Road, Helmshore, Rossendale, Lancs, BB4 4NB.

Thank you so much for all your help. You dont know how much you have helped me and I really am grateful.

[Amy]

Re: Rossendales

Excellent result, well done!

I am really, really pleased for you and I hope you'll stick around xx

[kesprg]

Re: Rossendales

Hi Amy.

Thank you and yes I will definately stick around. You should win awards for the most helpful and informative site ever, and the most comforting when people are really distressed. Thank you so much again. xxxxx

[msnperry]

Re: Baillif advice needed urgently PLEASE - I did it!

I have loved this thread! No not loved......what I mean is that this thread has helped me so much. Good on you to have fought this out. I'm right at the start of my fight with the council and the bailiff but I would never have known how to fight back without all the open info and help posted here. Thank you so much!

[Amy]

Re: Baillif advice needed urgently PLEASE - I did it!

... and you can do it too xx