urgent advice with rossendales required

[Amy]

Re: urgent advice with rossendales required

I know it's difficult, but please try and calm down.

There is really, honestly sod all this bailiff can do unless you have a valid walking possession and they've been granted peaceful entry to your property - you have done none of this - so you are absolutely fine.

The SAR is in the Bailiff Guide http://www.legalbeagles.info/forums/...ad.php?t=14113 - get this off as soon as you can.

Make sure you keep hold of the note left by the bailiff today too, you're going to need this later.

The vehicle that may or may not be clamped - don't worry about this for now. If he's away he need not know about it and it will seriously grate this woman when she finds out (if) she's clamped the wrong vehicle and has not inconvenienced you in the slightest. Make sure you keep your car right out of her way.

You really need to make a Form 4 complaint about this bailiff now. The behaviour displayed by this woman is reprehensible. Details also in the Bailiff Guide.

Have you complained to your council yet? You need to do this also even though they will protest and profess that the matter is out of their hands - it is not - the council employ these "people" and the council now need to deal with this.

One other thing, have you checked to see if she is certificated? http://www.legalbeagles.info/forums/...ad.php?t=18331 She needs to be certificated in order to collect council tax.

[binded]

Re: urgent advice with rossendales required

Yes she is certificated, it runs out at the end of september (25th to be precise I think)

The council have received hopefully today I need to check later on the recorded delivery receipt whether they accepted my letter as it was posted first class signed for on Friday. There was a second letter querying her charges that they should receive tomorrow although I doubt they will deal with it til later in the week once its sat on a few desks.

I've also highlighted this all to my local MP he should also receive this info tomorrow recorded, along with the letter the van bailiff has written being sent to her office received by them today and a query about several of the charges/fees issued and how unjust they are.

[binded]

Re: urgent advice with rossendales required

The kids are in bed so out I went armed with a torch as its officially after 9pm (I feel so silly waiting but meh peace of mind outside was worth the wait). Well there is as far as I can see definately no clamp on the landlords car, unless its the size of a small padlock which I assume it wouldn't be anyways there is nothing on it at all. Whether there has been today at any point or not I don't know obviously due to being at work. There is paperwork attached to the windscreen stating not to move, of which I assume it has other details on it. However I am loathed to touch it at the moment so it is still in situe stuck to the windscreen. I did however take a picture of it not quite sure why one of those you never know and thought it better to have a picture of it than not so did. That is when I work out how to get the picture from the camera that is - and made me feel slightly proactive having hidden away even though they haven't been back.

I'm waiting for the printer to sort itself out (think I've over worked it recently) so I can print of a SAR when I've worked out how I need to word it for me personally. I'll then get it posted off recorded/signed for tomorrow on my way home from work recorded at the village post office along with a postal order for £10.

Need to have a think about the form4 and do I need to do an OFT one at the same time or not ? I assume its wise to have the form4 ready for the SAR returning or do I send it off prior to that? Again need to work out wording on that so it may not be an instant job anyways as I want that done 100% to the best of my ability.

Shall keep posting on this thread as and when things happen.

[Amy]

Re: urgent advice with rossendales required

There you go then, nothing more than idle threats.

The most important thing for you at the moment is the chargeback for the debit card charge and if you need any help with the wording of anything then don't hesitate to ask us.

You're doing brilliantly xxx

[Mochamoo]

Re: urgent advice with rossendales required

Was going to say if you do find a clamp I have some big bolt cutters you can borrow

[binded]

Re: urgent advice with rossendales required

Not needing them just yet..... thankfully. SAR is printed and in an envelope ready to post tomorrow I'm kinda anxious about it more cos it will reveal possibly the true horrors of what my ex was doing as I assume it will cover any visits to him and the details of the van/levy from a previous year and what it relates to (not sure I want to know what it was really cos I know it will upset me). I've got a copy to forward onto the council and I'm leaving it a few days to see what other revelations there are but theres a 2nd letter and a copy of todays snippet written by the bailiff and the SAR for him. I've started that and I'll add to as fit for the MP whether he gets back to me soon or not have found the full HMSO details on charges so printed that off for my file thats running out of plastic sleeves already.

I guess if nothing else its stopped me watching dross on the telly and I've become more computer literate through this experience.

[Amy]

Re: urgent advice with rossendales required

Not needing them just yet..... thankfully. SAR is printed and in an envelope ready to post tomorrow I'm kinda anxious about it more cos it will reveal possibly the true horrors of what my ex was doing as I assume it will cover any visits to him and the details of the van/levy from a previous year and what it relates to (not sure I want to know what it was really cos I know it will upset me).

You need to know because the bailiffs are only allowed to charge for two visits per council tax year. They can visit as often as they like but they are only allowed to charge you for two visits per council tax year.

[Guest]

Re: urgent advice with rossendales required

As above, the bailiffs are not permitted to charge for more than two visits and the fees that they can charge are prescribed in law, specifically Regulation 45(2) of the Council Tax (Administration and Enforcement) Regulations 1992. Furthermore, the law does not provide for bailiffs to charge waiting time of any description.

The bailiff has attempted to defraud you and this means that, since Rossendales act for your local authority, it is equally culpable and liable in this matter. The offence of fraud is offender focused and is complete as soon as the Defendant makes a false representation, provided that it is made with the necessary dishonest intent. It differs from the deception offences in that it is immaterial whether or not any one is cognisant of the representation, deceived or any property actually gained or lost. This is covered by the Fraud Act 2006, s.2: Fraud by false representation. The elements of the offence are that the Defendant (in this case both the bailiff and your local authority jointly) makes a false representation, dishonestly, knowing that the representation was or might be untrue or misleading, with intent to make a gain for himself or another, to cause loss to another or to expose another to risk of loss.

Keep the handwritten note that the bailiff so considerately provided for you as evidence of her attempt at two counts of fraud. You should also report the offence of fraud to your local police, the evidence being the handwritten note. You will very likely be fobbed off and if you are, make sure you obtain the name and number of the person you speak to.

It is imperative that you communicate this latest activity to your local authority without delay. In addition, you should complete a Form 4 in order to request that bailiff's certificating court order a refund of fraudulently charged fees from the bailiff's bond.

[binded]

Re: urgent advice with rossendales required

Thanks will sit down some more and get that sent off in the next couple of days, have saved a blank form to adobe and shall scan in the letter she has written on (rather than just photocopy it to show the highlighting etc).

Been a quiet day today, so I just know she'll be back at some point. Upside I've proof the my last letters were recieved rather like this ability to prove someone has signed for it with signature visable.

[binded]

Re: urgent advice with rossendales required

Update for anyone interested on my progress (or not as the case is). Received a letter today from Rossendales as typed in below. Currently attempting to work out the precise working for an affidavit, then I shall scour yell to find a solicitor that will witness me stating vehicle ownership. Going to send Rossendales a letter in the interim (ie tomorrow) stating my intention to get an affidavit signed next week at the first available opportunity/appointment. Mainly as not owning the car I have no bill of sale nor indeed the registration documents as its my landlords car (so frustrating and feeling like a scratched record to them, but for a small fee to get that aspect null needs must).

Rossendales
15th September
refs

To make an immediate payment call our 24 hour automated payment line quoting your reference

Dear Sir/madam

Re C.tax owing to xx council

We acknowledge receipt of your communication and note your comments.

We require by return of post, proof by way of Solicitors Affidavit; bill of sale or any other documents to provide evidence that the car does not belong to yourself. The registered keepers documents are not sufficient proof.

The case is in the names of Mr xxxxxx and Miss xxxx and, as such you are both jointly and severally liable for the balance outstanding.

Your case has been issued to a bailiff and to avoid this course of action, we now require payment of the full amount within the course of the next 10 days.

Governing Bailiff

Not had any response at all yet from the local council (they've had two letters and I know they've received them as I've the signature of the person who did so at their office, however I'll be writing them another letter this weekend.

I've got to work out how on earth I can get a copy of the bailiffs voicemail message from my mobile phone to I can have a hard copy should anything happen to it as the nice bailiff lady who talks tripe left my name and hers on it so I may need that again and am loath to loose it.

I'm going to proceed once I've sat down and worked out the wording with a form 4 this weekend in respect to her overinflated charges and actions as I've verbal (on phone) and written evidence of these.

I'm confused to how its gone from they were giving me 24 hours on 1st September and yet this letter states (so assuming its an edited template) that its been issued to a bailiff and I've 10 days to pay (confusing huh). They've also completely failed to acknowledge that I'm now a single parent.

I've not heard from my local MP as yet, but I do have a card to state he has received it and that he will be giving my case some attention. Whether he can help or not I don't know but its a start. He's also going to receive the last weeks documents.

Its an uphill struggle and I'm glad I can't afford nor have the money to pay them off, I can see how easily people would and do to get them off their backs and still find themselves in the strife with bailiffs grrrrr. Sadly for me or possibly Rossendales I haven't got the funds, so I'm going to fight tooth and nail to get the council to take this back. My last letter to the council stated if they continue to allow Rossendales to maintain this case they will never receive any payments as they will cream off my offer of £50 a month to cover their own fees.

No SAR as yet, but then that only went off on Monday and 40 days (assuming its working days is way off atm).

Nother weekend letter writing, and how my file of evidence/proof/documentation is growing.

[Amy]

Re: urgent advice with rossendales required

Update for anyone interested on my progress (or not as the case is). Received a letter today from Rossendales as typed in below. Currently attempting to work out the precise working for an affidavit, then I shall scour yell to find a solicitor that will witness me stating vehicle ownership. Going to send Rossendales a letter in the interim (ie tomorrow) stating my intention to get an affidavit signed next week at the first available opportunity/appointment. Mainly as not owning the car I have no bill of sale nor indeed the registration documents as its my landlords car (so frustrating and feeling like a scratched record to them, but for a small fee to get that aspect null needs must).

A solicitor will only charge you around £5 for swearing an affidavit or it can be done for free at a court. However, I wouldn't bother with this to be perfectly honest with you. Your Landlord is away and will be for some time as you have posted, so it will make little difference especially to him. Quite apart from this, the bailiff has threatened several times to clamp the vehicle and has failed to carry this threat out.

Not had any response at all yet from the local council (they've had two letters and I know they've received them as I've the signature of the person who did so at their office, however I'll be writing them another letter this weekend.

Excellent, keep going with this.

I'm confused to how its gone from they were giving me 24 hours on 1st September and yet this letter states (so assuming its an edited template) that its been issued to a bailiff and I've 10 days to pay (confusing huh). They've also completely failed to acknowledge that I'm now a single parent.

This is because they are threats and nothing more. As you've pointed out they have failed to carry out one single threat against you. This is because they cannot. They are fully aware of the rules and legislation despite what they say.

You're doing everything right, keep going.

[Guest]

Re: urgent advice with rossendales required

I've got to work out how on earth I can get a copy of the bailiffs voicemail message from my mobile phone to I can have a hard copy should anything happen to it as the nice bailiff lady who talks tripe left my name and hers on it so I may need that again and am loath to loose it.

You need to do this quickly, because voicemails are not saved indefinitely and are not stored on the telephone itself but on a system maintained by your network provider.

A voice recorder of some kind that you can play it to would work and most MP3 players now include this function, or if you tell us what kind of telephone you have, there may be an option to record it onto the telephone memory by playing it and recording it onto the telephone.

[binded]

Re: urgent advice with rossendales required

Thanks both for your continued support. Today I feel I've made a little headway as I received a letter from my MP (least means he's now aware of my situation )

House of Commons
London
SW1A 0AA

From the office of JG MP

my details
my address
18th September 2009

Dear Ms xxx

Thank you very much for your recent letter.

I have written to the Head of Revenues and Benefits at xxxx council asking whether a reasonable payment schedule could be agreed with you for your Council Tax arrears.

I will be back in touch shortly

Yours sincerely

JG MP
Member of parliament for xxxx constituencey

Bet he gets a reply from the council in days whilst I'm still waiting. However it has given me a huge boost to the cause I'm fighting and to continue. Hopefully betwixt myself and the MP we can get the council to accept the debt back and then I just need to fight the bailiffs for just fees and the correct amount owing to them at that point. Anyways can't afford to sit on my laurels now, need to continue with the paper trail as of course the above could work in a couple of ways pending response from the council, however at least if I can get them to take the debt back its a huge step in the right direction.

This said I'm still going to send in my form4 in respect of undue charges for waiting as you just know they will still claim this to get some monies back for time "wasted" on this claim with me so I know I can't sit idle and wait for things to occur I need to be strong still and ensure this is resolved as best as can be. Oh and I've found a device on an old mobile phone (dinosaur of a thing) that has no simcard but will work without one and will record sound. So that is what I'm going to use to save for prosperity, the delightful threat of £60 an hour waiting fee for the "clamping" or non clamping of my landlords car. Still waiting to see if I've been charged for this or not as in a clamping fee and shall be viewing the account online to see whats been added on today so I can screen print it for my letters . Oh and if I can get this message onto this other phone a friend has a usb cable so I should be able to get it onto my pc and then taaaadaaaa burn it onto a cd (friend is going to help with this as I've no idea what she means really but meh if I can get a hard copy thats brill).

Oh and no further response from Rossendales atm, but I expect they will get wind next week of what I am actually upto as the council will inform them no doubt that I've got an MP involved.

Slowly slowly catchie monkey huh, still its nice to feel ones being listened to and as said I actually feel today for the first time in nearly three weeks progress is being made.

Right off to write letter no 2 for MP enclosing if possible, another to the council, oh yes one to Rossendales stating I intend to have an affidavit ready for them next week (well within their ten days as of course these things take time to get appointments) and anything else I can think of.

Again I owe a huge thanks to the support on here, I've gone from being completely tearful all the time, to now being just some of the time. It does make a huge difference knowing you're not on your own and I hope once this is sorted I can use the "documentation" I have to assist someone else (not sure how I'd get it online mind but must be away huh).
------------------------------- merged -------------------------------
just need to add as well just there is a letter addressed to my ex partner from the relevant council. However obviously legally speaking I can't open it as its not address to me although through the little window I can see my name on a piece of paper thats behind the address window. This possibly is in reference to my letter, although I don't know what to do about it as obviously its not personally addressed to me and am bemused knowing they've received my letter that they know he isn't at this address as I have stated I live here with my two children and that obviously its me they should be contacting. So why a) have they written to him here grrrrrr and what should I do with this letter. I believe the ex is working away (south somewhere) so I can't even get him to open it (not that I particulary want to speak to him atm anyways).

Ta

Just adding to this I've managed to wiggle the envelope about and seen the RE: section by the council and it says documents received with thanks. So that means they're acknowledging my letters to my ex, shows they didn't actually read my letter then grrr or why would they send that to him. Anyways I'll not be giving that to my ex and shall keep it sealed in my folder

[Guest]

Re: urgent advice with rossendales required

On your Form 4 you need to make reference to the recording that you have wherein the bailiff threatens you with £60 per hour waiting time. The Form 4 can be found here.

The box on the right hand side of the form "Details of Complaint" should be completed as follows.

I make this complaint because on (DATE) I was overcharged by the bailiff when he/she recovered a debt for Council Tax of £(sum) because;

The bailiff charged me for a Walking Possessions Fee when no peaceful entry to my property was made and no levy was made on my goods.

The bailiff charged me for a Levy Fee when no peaceful entry to my property was made and no levy was made on my goods.

The bailiff charged me an Attending to Remove Fee when no goods have been removed.

The bailiff charged me a credit card/debit card fee for processing a money transfer in his favour or for another and I understand the law does not provide for him to charge me fees of that description.

The bailiff charged me a Van Fee while the law does not prescribe any fee of that description and no goods were removed.

The bailiff charged me fees for Waiting Time but I understand the law does not provide for bailiffs to charge waiting time of any description.

The bailiff has threatened to remove goods, tools, books and vehicles despite these being protected goods under the Council Tax (Administration and Enforcement) Regulations 1992, Reg 45(1A).

This is not exhaustive, but shows the kinds of things you need to put as details of your complaint.

Once completed, feel free to post the text here first if you would like any further advice on it. When you file it at court, keep a copy for yourself and make sure you send a copy to your local authority. As I have stated, they are equally culpable and liable for the actions of their agents and you should point this out to them in the covering letter you send with the copy of the Form 4. Again, if you would like advice drafting this, let us know.

[binded]

Re: urgent advice with rossendales required

Thanks for that, its still a work in progress, I know I'm taking my time but I want it to be spot on. Part of that was ensuring I had the affidavit signed so I could enclose it with the papers.