urgent advice with rossendales required

[binded]

Re: urgent advice with rossendales required

SAR has arrived, fom the looks of it the bailiffs have taken the £10 for debt and not for the SAR :/ anyways below typed in is that relevant to me from 1.9.09 theres 7 pages of which only two relate to contact with myself. Should add I've included all there wonderful spelling mistakes.

Sept 01.09 13:19 Note bailiff phoned for directions which were given
Sept 01.09 21:42 Payment £50.80 (D/C, other, batch-5-remitted:12 Sep, 2009.
Sept 01.09 09:53 Note bailiff informed of paymend. Phone number added
Sept 02.09 09:56 Employment occupation:admin, DOB xxxxxxxx
Sept 02.09 09:53 Note D to confirm payment received which was made on the internet. I advised we had received the payment. D is sending in letter and transfered to VB.
Sept 03.09 09:56 Bailiff note Residency confirmed. Waiting fee 60.00. Address visited:defaulter. Property type:residential, detached. Property grade:good. Effects:fair. Spoke to defaulter. Action letter left. Nope this happened on 1st not the 3rd grrr
Sept 09.09 07:28 Note letter from Miss xxx regarding reference xxx. Letter does not state whether Mr xxx is still living with D therefore case ref xxxxx, xxxxxx and xxxxx left in trace.
So me stating I'm a single parent on my own with two kids means what exactly :/
Sept 09.09 07:31 Note letter from D knows her rigths and will not allow us to gain entry to home to levy. D also states she knows what fees can be applied and her rights. D states can offers £50pm and has already sent first payment via website. D states any more.
Sept 09.09 Note cause real and actual hardship. D staes she is nto refusing to pay and if we do not accept offer she will put money aside until LA take case back and then she wil pay them the money direct, D requests staement of account showing fees as amount VB.
Sept 09.09 07:31 Note has different to our website. D is sending a copy of this letter to La to be kept on her file. D advised case with VB and too late for instals.
Breakdown sent.
Sept 09.09 07:31 Letter sent letter (breakdown.dwdoc)
Sept 09.09 07:33 Letter sent letter (freehandtextletter.dwdoc) Free hand text: thank you for your recent correspondence, the comments of which have been noted. We must advise that we are unable to accept instalments at this stage and payment in full is now
Sept 09.09 07:33 Letter required. Therefore, you must contact our van bailiff currently dealing with your account to arrange immediate payment. The bailifff can be contacted on xxxxxx
Sept 09.09 07:34 Documents 2 received.
Sept 10.0913:53 Note bailiff attended property a note was pinned to the door stating she would not be allowed to enter the property to levy, bailiff levied on car on drive and refused the £50per month she offered on the case.
Sept 10.09 15:55 Bailiff call by xxxxxx (Thurs Sep 10, 2009, 1357)
Sept 10.09 15:55 Bailiff note Addres visitedL defaulter. Actions other
Sept 11.09 08:51 bailiff call by xxxxx (Thurs Sept 10 2009 at 1357) levied
Sept 11.09 08:51 Bailiff note address visitedL defaulter. Property type: residential, detatched. Property status occupied. Property grade: good. Effects:fair.
Sept 11.09 15:39 Removed agent Bailiff deallocated de to remittance.
Sept 11.09 15:47 Hold for three days
Sept 14.09 12:48 Note Bailiff has stated the defaulter has a car which she has levied on previously, the defaulter refused access to bailiff and stated she would pay £50.00 per month obviously refuseddue to high balance.
Sept 14.09 12:53 Note bailiff rang for finance check on vw and peugot ******both no finance*******
Sept 14.09 13:06 note bailiff reallocated remit over
Sept 14.09 13:19 note client paul called for update- will speak to VB re:clamping approval.
Sept 15.09 07:53 Moved from van attendance to furthervanattendance in 0 days
Sept 15.09 15:09 Note LF FD states we will not be allowed in her property and 'knows her rights. D states we are not allowed to take items of equipment that are necesary in empoloyment, business or vocation. The car mentioned is the NOD is not owed by FD - case.
Sept 15.09 15:09 Note J & S need proof of ownershipe, bill of sale etc, case due to go to bailiff.
Sept 15.09 15:11 Documents received
Sept 15.09 15:13 Note advise D that payment in full is required to stop bailiff action.
Sept 15.09 15:17 Letter sent letter (freehandtextletterLONGER.dwdoc). Freehand text: 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 document to provide
Sept 15.09 15:17 letter evidence that the car does not belong to yourself. The registered keeper's documents are not sufficient proof. The case is in the names of Mr XXXX and Miss xxxx and, as such you are both jointly and severally liable for the balance
Sept 15.09 15:17 letter 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.
Sept 16.09 08:50 Stage (B0) Furthervanattance
Sept 18.09 14:05 Moved moved from Furthervanattendance to Van Attendance in 0 days
Sept 18.09 14:08 Note Bailiff (xxxxxxxx) allocated on Sept 18 2009
Sept 21.09 07:09 Stage (B0) Van Attendance
Sept 21.09 11:16 Note Bailiff informed of payment that would be the ten pounds for this SAR or not as it seems
Sept 21.09 11:16 Payment of 10.00 (P/O, post batch xxxx clears on Sept 23, 2009.

another post in a second as I've got another screenshot
------------------------------- merged -------------------------------

Summary for : xxxxxx

Date type Amount
Jan 3 2007 Debt 1,101.96
Jan 19 2007 Visit fee 1 22.50
Jan 19 2007 Visit fee 2 16.50
Jan 14 2009 Levy fee 56.00
Oct 31 2008 Attendace Van 110.00
Sept 1 2009 Payment by D/C 0.80
Sept 1 2009 waiting 60.00

Payments
Sept 1 2009 50.80
Sept 21 2009 10.00

Ok so thats the basics of what relates to me, a few issues I pick fault with writing and stating I'm a single parent with two kids surely means that I'm on my own ?? how on earth do I prove that one to them? Certainly not giving them access to my WFTC details.

Bailiff says she spoke to me on 3rd when it wasn't it was the 1st grrrrr

She claims the two cars were on the driveway when she called but the one I use (not landlords) was not as I go to work before then still.

Theres still the waiting fee (although they've not added any more for the dubious "clamping day incident"

If I go back further (could really do with scanning this in when I get a moment I guess) to the date of the levy of £56.00 all it states is there was a visit and the levy is put under the date of Dec 20th. No comments as far as I can see as to it being a walking possession or indeed what it relates to so I've not got a scooby on that

There is a letter that came with them that does not give me the certificate number of the bailiff I've had issues with (from the above she looks like she's been removed and they've allocated a man) but I need that number for the form 4

There have been 5 not including the latest one noted above, of which one is "no longer with this company" wonder why.

Still no word from the council, and no further response from the mp.

[Amy]

Re: urgent advice with rossendales required

You have everything you need now in writing to make a complaint about Rossendales. They have even helpfully confirmed what they are charging you.

You know now that they cannot charge you for:

1. a levy fee (as no levy was made plus the walking possession is invalid in any case)

2. so in turn they cannot charge you for attending with a van.

3. they cannot charge you a debit card fee. Have you done what was suggested in post #9 yet?

4. waiting fee. This is just taking the mickey.

[binded]

Re: urgent advice with rossendales required

awaiting form from bank, weren't willing but are sending it out or at least they said they were.

Indeed I'm all armed for my complaint, they've not amended anything nor tried to make good any of their judgements. I believe that by asking again for a screenshot and SAR as well as stating the parts of the billing I did not agree with 2 weeks ago this is sufficient for them to have taken action I shall be posting my form4 of poste haste. Just need to photocopy the latest paperwork and pop it in an envelope in the post

[Amy]

Re: urgent advice with rossendales required

Excellent xx

[binded]

Re: urgent advice with rossendales required

Another update, as yet I've still not heard from the council, nor have I heard anything back from the MP since first contact. I've had another letter in respect to the stat declaration I did for car ownership. It states they only want a statutory declaration if my ex lives at this address, which he does not (alledgely he's going to contact them, but seeing as he won't tell me his address I'm hardly holding my breath on this).

So my next move I guess is another letter, stating I acknowledge there response, re-iterate the car on the statutory declaration belongs to my landlord who is not my ex and that my ex does not live in this house.

Still feel like I'm banging my head on the wall, but this letter did not have any "respond in x days" nor has it got any "immediate payment due now" on it. It states to contact the van bailiff (who I believe has changed from the female that was dealing with this, they must realise she wasn't playing ball properly too bad she gave me evidence of this).

I won't be contacting the van bailiff, I've not intention of being talking at and being told full payment or ridiculous payment plan (though I don't think they'd offer the latter).

I've made a 2nd payment now, and have got the screen print receipt to send off with the next letter.

Rossendales

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

Dear sir/madam

Re C Tax owing to xxxx council

Thank you for your recent correspondance

I note that you have sent us a declaration that the red car with xxxxxxx registration does not belong to you xxxxxxxx. As the liability order is in joint names of Mr XXXXXXXX and xxxxxxxxx, we will need confirmation as to whether the car belongs to Mr xxxxxxx and whether Mr xxxxxxx lives at the same address. If Mr xxxxxxxxx does live at this dress we will need a 2nd declaration confirming that the car does not belong to him. Please note a 2nd car is noted on the levy and as a result fees relating to this levy will remain.

As your account is currently with our van bailif, you must contact him on xxxxxxx to discuss payment.

Governing bailiff.

[binded]

Re: urgent advice with rossendales required

Well progress finally (of sorts) and one that means at least the bailiffs will not be visiting me. I note they haven't answered my query about the £60 fees or indeed my 0.80p. Anyways heres the letter I received today from the council. He's not noted that I have never received any information about this until sept, as I'd have been paying sooner. It also states Rossendales have answered the questions directly they neither have answered why or how they justify still the £60 waiting fee on my account. It states the Bailiff has done a DVLA search on vehicles (but it doesn't show that on the SAR I received). It states no payment was received until the levy on vehicles, but the levy was done after the first visit on the 1st September when I paid, not after the levy. I currently have no DVLA records showing ownership of any vehicle, so thats a blatent lie. as the last car I owned was sold some 5 weeks prior to them turning up on my door step and I have the DVLA letter stating ownership had changed. And whilst I have use of a vehicle its not mine in ownership on the DVLA and never has been.

Dear Ms

Re: Council Tax for xxxxxx
Thank you for your recent enquiries. I have now been able to review your case in detail and hope that you will be satisfied with the outcome. You have stated that you have had a number of problems dealing with the Council's appointed Bailiff, Rossendales Ltd. You have raised a number of questions about this process and fees applied that have been answered directly by Rossendales. I will attempt to clarify the situation from the Councils, perspective only.

Rossendales informed me that the problems you have encountered originate from the failure to respond to a letter of 9th April 2009. If you had responded immediately to this "van on the way" notification it may have prevented many of your subsequent difficulties. It was almost five months after this letter was sent before you made any payment to this account. Payment was only made after the Van Bailiff had attended your property. Prior to this letter of 9th April 2009, despite the account being in joint names, all Rossendales action was taken against Mr xxxxxx the other party.

Unfortunately Rossendales no longer hold a current address for Mr xxx and the bailiff returned the account to hte council when the payments stopped. In the case of joint and several liabilities each party is 100% liable for the debt. We located your new address by Experian search and the account was then returned to the bailiff for collection. This is when the bailiff wrote to you in order for an arrangement to be agreed on the account.

The telephone number the Rossendales held proved to be invalid and it became necessary for the bailiff to attend your property. No payments were received during the next four months until the levy on vehicles present at the property. I have been advised that he walking possession, had it been signed, would have given you additional time to arrange a payment plan. The fact it was unsigned does not affect the bailiffs right to levy on goods, although it would affect the bailiffs right to enter your property without consent. The levy fee will stand , as DVLA checks performed by the Bailiff confirmed you were the registered keeper of one of those vehicles, although I appreciate there is some dispute over the ownership of the other vehicle, which you state belongs to your landlord. I understand that you require this vehicle for work and this has been noted.

During your period of occupancy at the debt address of your liability and benefit awards were worked out no the household income, there there is no necessity for a recalculation of your bill. If you have evidence that the dates of your period of liability are incorrect, this information should be presented to the council tax billing team as soon as possible, although any ammendment would not completely eradicate the liability so the recovery action would not be affected.

Whilst I appreciate that a Bailiff attendance is not a desirable experience, there is no evidence of malpractise. It is possible to be arrested by a Bailifff for non-payment of Council Tax, after an arrest warreant is issued by the Magistrates. The Bailiff has the right to demand full payment and can perform a levy without a signed walking possession, but cannot enter your property without one.

You have advised that you now work full time, although you have not provided any details of this employment, nor have you supplied a full financial assessment. Again I appreciate that you will have a Council Tax liability at your current address so the offer of £50 per month payments would appear to be an appropriate level of payment. Although the Bailiff has the right to demand full payment, it is likely that had you responded to the initial correspondance such an arrangement would have been accepted.

I have intervened in this case only because of the situation with your vehicle. I have requested that the bailiff accept instalments of £50 per month with effect from the 15th October 2009. I must remind you that payment must be received by this date so please allow sufficient time for your payment to be processed. The Council would only agree to return this account from the Bailiff for an attachment of earnings to be served to your employer. This would allow the council to recaim the debt as a percentage of monthly deduction from your net salary, although this payment is likely to be in excess of the £50 currently agreed. I have enclosed a deductions table so that you may compare the payments.

To conclude: the arrangement has been accepted and the Bailiff will write to you in due course with details of how to make payments. Any questions about the Bailiffs internal working practises and the fees applied in this case should be addressed in writing to the Bailiff, although this is likely to be covered by your Data Subject Access Request. If you would prefer to pay the balance through an attachment of earnings, please supply employment details. The bailiffs fees would be included in the balance recalled from the Bailiff should you wish to take this option. A copy of this letter has been forwared to your Member of Parliament Mr xxxx MP.

I trust this clarifies the situation and the actions you may now take. Should you require further assistance, please contact a member of the recovery team on the number provided

Yours sincerely

Local Taxation Recovery Assistant.

[Amy]

Re: urgent advice with rossendales required

I hope you're going to reply to this God-awful piece of rubbish.

[binded]

Re: urgent advice with rossendales required

Oh yes I intend writing a response to it, mainly to clarify several actions (neither the bailiff or the council have taken any acknowledgement about waiting fees of £60 being ok, which is good as of course they've responded and I've done a form4 and its not been resolved.

I need to sit and think about how its best to respond to them, but I want the "discrepancies" in that letter putting correct on my file. I just need to work out how to do it this weekend. It does mean at least I'm not hiding in my house and todays small victory encourages me to push further.

I like the fact he notes they can arrest with a magistrates warrant, however as I didn't and do not have one, thats not really very fair that she could threaten me with that now is it

I guess they're hoping I'm going to go away now and pay, of course paying this bill is a seperate matter that will be done (he was right the £50 accepted is less than 12% of my monthly wage if they can take that amount irrespective of out goings which is what the printed sheet states).

[Amy]

Re: urgent advice with rossendales required

Good girl, I'm very glad you feel this way and if you need any hep writing your letter then feel free to post up your draft.

With regard to "It is possible to be arrested by a Bailiff for non-payment of Council Tax, after an arrest warrant is issued by the Magistrates."

This is completely and utterly wrong. Only the police can arrest someone. A bailiff does not have these powers and this just goes to show that the council do not know what they are doing and this needs pointing out to them.

What is more, you can only be arrested for refusal to pay council tax not for not being able to afford it.

You are right though when you say they are hoping you go away - the council consider you a thorn in their side and they also do not think they are responsible now this account has been passed to the bailiff.

They are wrong and they need telling.

[scoobydoo]

Re: urgent advice with rossendales required

I have just read your thread and while I can not offer any practical advice I just want to say well done for your perseverance in this case. I know you have been getting plenty of excellent advice but you are the one who has to action that advice and have the bravery to carry on. Well done you, I am sure you must be learning a lot from this.

[Dougal16T]

Re: urgent advice with rossendales required

Good evening,

Just have to put in my two penn'orth.

I am an ex-policeman. You must go to the police station (take a friend with you if you wish), and make a formal complaint of Fraud - it MUST be investigated. Make a note of the full details of the person that you see, name, rank and warrant number. If a civilian counter clerk get their details. In the event that they tell you it is a civil claim and they will not investigate, write to the Chief Constable and make a formal complaint under the Police Discipline Regulations. Failure of a police officer to investigate a complaint of a crime is a serious disciplinary matter and can result in that officer being dismised from the force.

The council are guilty of an offence under S2 of the Fraud Act 2006 as are the Bailiffs, and both should be prosecuted. (This is joint liability for a crime and stems from the vicarious liability legislation.)

Write to the office which issues the Certification for the Bailiff and lodge a formal complaint. The bailiff(s) will almost certainly be suspended.

The only person likely to be arrested is(are) the bailiff(s) for their criminal activities!

If you have a problem with any of this please let me know and I will be delighted to help. (It may be neccessary to apply for a restraining order against the bailiffs as their actions are unlawful in the extreme.)

Kind regards


Dougal

[stessedout]

Re: urgent advice with rossendales required

Dear Binded

My God you have been treated awfully. I can certainly understand your distress. Keep at it and don't give up. I am just starting my fight with the Bailiffs so I know exactly how you feel. I shall watch this thread closely so please continue to let us know how you are getting on.

Sending loads of encouragment!!!!!!!!!

X