Rossendales Bailliff. HELP!!!

[msnperry]

Hi all, I'm new to this forum and have been reading through threads. The information and help given is wonderful and i feel a bit better about my situation, which I'll try to explain, as clearly as I can. Last July 2009 I gave up my home and took on the tenancy of a pub. It didn't work out because of the beer tie and as the brewery are prone to big rent increases. At Christmas I left and took on tenancy of another ( privately rented and much cheaper) pub. You'll be wondering why I'm telling you all this but it's because last Thursday 3 Hth June 2010 a Rossendales bailiff knocked on the pub door and hand delivered a bailiff removal notice for unpaid council tax. ( He didn't try to enter the building). There was no amount or explanation written on the removal letter so I phoned the council. They said I owed £547.36 for the period 1st July 2009 till 31st August 2009. This could be correct and until I have the chance to unpack boxes and find any bills dating back to then I won't know for sure. I then phoned the bailiff on the removal notice and he gave me a figure of over £700 owed! Charges added I presume. The following morning I went to the local council offices, paid £200 direct to them, handed in a letter of complaint about the lack of communication from them, Rossendales ( who allege that they have hand delivered two letters and added a van fee). As I live in a flat above the pub, which has a locked internal door leading to it, can the bailiff simply walk into the pub during opening hours and break into my flat? Also, as this is for council tax relating to a previous address can he sieze kitchen, bar, dining equipment from the pub or is that considered my tools of the trade? please help......I'm at my wits end!!!!!

[Amy]

Re: Rossendales Bailliff. HELP!!!

You have done absolutely the right thing in not believing what the bailiff has told you and paying the council directly.

Continue to ignore him, never contact him and never pay his fictitious charges.

The bailiff cannot break into your flat and so it follows that he cannot seize anything from it either. Keep paying the council and you'll be fine, although Rossendales might not give up so easily. If they continue, then post back here.

[msnperry]

Re: Rossendales Bailliff. HELP!!!

Even though there is an internal door? It leads up to the flat from the end of the lounge bar. I do pay separate council tax for the flat so I see it as separate from the pub downstairs. BUT I did worry that if bailiff walked into the pub, while we are open, he could then open any internal doors. BTW I have been really busy, thanks to all the help I have read on this forum, sending letters, and SAR, to Rossendales. Complaining to council...........I have even had the guts to tell them van fee added by bailiff is fraudulant, as they have not set foot in here, and as such the council are guilty of fraud too. All this 'fighting back' comes from simply reading all your advice and I thank you.

[Amy]

Re: Rossendales Bailliff. HELP!!!

Even though there is an internal door? It leads up to the flat from the end of the lounge bar.

Absolutely. A pub is by definition a public place. However, your flat above is not, it is your private space and completely separate to the pub.

BUT I did worry that if bailiff walked into the pub, while we are open, he could then open any internal doors.

Sounds to me like you'd be able to put him straight on the merits of not entering private space fairly quickly, especially if you have already informed them not to, see below.

Print the following document and send it to Rossendales, via fax if possible and with a hard copy in the post, via Recorded Delivery. You should also keep a copy with you and hand it to anyone who calls at any time.

Dear Sir/Madam

TAKE NOTICE


That any visit to the above property post (add date of this letter) by yourselves, your agents, or those otherwise acting on your behalf or upon your instructions, stating either verbally or in writing an intention, unlawfully or by force, or guile (and other than by express invitation) to enter these premises and remove property, will result in the arrest of the agent/person concerned for attempted burglary. Steal shall mean any removal or attempted removal, or intention to remove, any property in which you have no lawful Title or Property therein.

I reserve the right to produce a copy of this Notice to the Court in future proceedings.

Yours faithfully

BTW I have been really busy, thanks to all the help I have read on this forum, sending letters, and SAR, to Rossendales. Complaining to council...........I have even had the guts to tell them van fee added by bailiff is fraudulant, as they have not set foot in here, and as such the council are guilty of fraud too. All this 'fighting back' comes from simply reading all your advice and I thank you.

Excellent, well done xx

[msnperry]

Re: Rossendales Bailliff. HELP!!!

thank you .........right I'm going to try to past and copy my latest letters to rossendales and the council........tell me what you think
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xxxxx


Allerdale Borough Council
Allerdale House
Workington
Cumbria
CA14 3YJ


8th June 2010


Dear Sir/Madam


Re xxxxxxxxxxxxxx




I visited you offices on 4th June 2010 and made a £200 payment to my alleged arrears of council tax. This sum was £547.36p. I now owe your council £347.36. This is for the period 1st April 2009 until 31st August 2009. I wish to dispute this figure and have it amended as the property was empty from the 13th July 2009. I did agree, with my landlady that I would pay the rent until 31st august 2009 ( and I did) but records, including yours, will prove I was resident at xxxxxxxxxxxxxxxx . Therefore I seek a reduction in the amount of council tax as it was an empty property from 13th July 2009.


Also I hold in dispute the charges you discussed with me concerning Rossendales. By this I mean Rossendales of Wavell House, Holcombe Road, Helmshore, Rossendale, Lancashire, BB4 4NB. This is the company you use to collect unpaid council tax.


As previously stated I visited your offices on 4th June 2010 and made a payment of £200, which you accepted. You also accepted and stamped my proposal for paying the remainder of the debt ( which is now in dispute). After a lengthy converstion you gave me a breakdown of charges to be added to my account by Rossendales. I detail what you told me below:


March 23rd 2010............Visit by Rossendales bailiff John whittle. Apparently no one in the pub so he spoke to neighbour ( I have asked and none of them admit to talking to him) then, he alleges, he put a letter through letterbox. IF it happened £24.50


April 7th 2010...............second visit. Now this is a Wednesday. Pub is open all day and it is very rare in any case that it would be unattended even if closed. Alleges no one in. Left letter.............If it happened ( and Again I state if because I can't find any trace of letter) this would be £18


April 12th 2010..............Letter sent. Well they admit now that it was returned because they had the wrong address. HOW if you allege you sent letters to this address? How did you manage to give them the wrong address?


4th June 2010 ...........Van bailiff . This is totally illegal and fraudulent! Without any entry, any levy upon goods, and without a walking possession order a bailiff cannot threaten to turn up with a van and take goods. This is blatant bullying tactics and criminal fraud and as such, as the authority who employ this firm, you will be equally culpable and quilty of fraud when I sue. I would suggest you instruct them to remove this charge immediately.


I urge you to investigate this firm of bailiffs and deal with it forthwith. Furthermore I will not pay their fees, ( and certainly not the fraudulantly claimed fees), until I have proof of legitimate fees owed to them.


I have already taken legal advice and you have 14 days to respond to my complaint. Upon your failure to do so I will lodge a complaint ( and I am already lodging a form-4 complaint) with the court.


I will raise a further complaint against Allerdale Borough Council because, as the authority who employ this company, you should be aware of their practices and as such you are liable.






I thank you for all you help




Yours faithfully






xxxxxxx















Rossendales
Wavell House,
Holcombe Road,
Helmshore, Rossendale
BB4 4NB


8th June 2010


Dear Sir/Madam

xxxxxxxxxxxxx


Data Protection Act 1998 Subject Access Request

After a visit by Douglas Whitelaw (bailiff) on 3rd June 2010 to my place of work, A sealed BAILIFF REMOVAL notice was left with my colleague. At no time did Mr. Whitelaw enter the premises. My colleague stepped outside and took the letter. (Which relates to unpaid council tax owed to Allerdale borough Council for the period 1st April 2009 till 31st August 2009. A sum of £547.36p.)


As there was no amount of money due shown on the Removal notice I telephoned Allerdale Borough Council and they informed me that I owed £547.36p. They accepted a payment of £200 from me on 4th June 2010, leaving a balance of £347.36 which I will pay directly to them. I now need a full breakdown of any and all fees that you have added to my account.

Accordingly, kindly provide full and complete copies of any and all data you hold which relates to me and my entire history with your company. I have enclosed the statutory maximum of £10.

For the avoidance of doubt, take note that the enclosed cheque is payment for the fee relating to my Subject Access Request only and not a payment of any other kind or to be used for any other purpose. If you do not require a fee in order to process my Subject Access Request then kindly return or destroy my cheque.

For your convenience I have detailed below a list of what I require, although this is not an exhaustive list by any means and is just an example of some of the information I require with regard to any accounts I may have had or may still have with your company.

1. Computer screen notes relating to the conduct of my account
2. Computer screen notes relating to transactions that have gone through my account
3. Internal messages or notes relating to the conduct of my account
4. Internal messages or notes relating to transactions that have gone through my account
5. Recordings of any telephone conversations, whether internal or external, relating to my account
6. Copies of any e-mail's, or other electronic communications, whether internal or external, relating my account
7. Copies of letters relating to my account
8. All information relating to litigation that has taken place on my account
9. A detailed statement of account showing a breakdown of all costs charged, showing in each case the reason for the cost and the actual cost against that item
10. Copies of all reviews conducted relating to my account
11. For any cost which relates to an attendance fee, kindly state the date and precise time of the attendance and the name of the certificated bailiff making each attendance with the name of the county court where the relevant bailiff obtained his or her certificate
12. Copies of all relevant paperwork created as a result of any and all visits ever made to me along with details of the results of each visit
13. Copies of any and all documentation issued to me or left at my property after each visit was made including details of the date and precise time of the visit and the charges incurred; this must include the name of the bailiffs who attended

I trust that the above is clear and should you be in any doubt as to your obligations as a Data Controller, then I would advise that you consult your corporate counsel.

As detailed above, I have enclosed the statutory maximum fee of £10. You have 40 days in which to comply.








Yours Faithfully












xxxxxxx and you can see where i got template lol



cc Allerdale Borough Council


enc. Copy of letter of complaint to Allerdale Borough Council
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I think you can see how the forum has helped me. I basically copied, changed a few details and pasted letter to them lol
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do you know that before i discovered this forum I would have been scared witless! I would have been crying and trying to borrow money to pay them off. I feel so much better. You are wonderful and i know I can fight back now. Can't thank you enough.
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I have to admit i am totally stressed. The bailiff from Rossendales is court certified ( I checked) and from what i read for council tax they are not in any way restricted to times to visit. I'm on tenderhooks. I keep the flat all locked up but I have a horrible vision of the bailiff walking in when we are open and have customers. It's a nightmare.

[Amy]

Re: Rossendales Bailliff. HELP!!!

So you've gone from empowered and fighting to stressed and scared in the space of two posts?

Post them what I gave you in post #4 and they will have no excuse.

Pin it to the door in the pub if you have to, I doubt customers would turn a hair.

[msnperry]

Re: Rossendales Bailliff. HELP!!!

My customers are lovely> this is a lovely little farming village. but we are a tiny little pub. I pay almost £1000 rent a month, then business rates on top. Council tax for the flat. Water rates.....and I mean business water rates which are a rip off. Because I'm a business they won't pick a bin bag up unless i pay............Right that;s it I'm going to stop moaning. Suffice to say we are a tiny village pub who take very l;ittle money a week and struggle to pay the bills and I just feel IF the bailiff walked in here when we are open we would lose custom and I would just feel like curling up in a corner and just die.............so embarrassing

[Amy]

Re: Rossendales Bailliff. HELP!!!

That is what the bailiff is hoping you'll do, that is how they operate - in fear and shame.

You've done very well so far, so stop doubting yourself.

xx

[msnperry]

Re: Rossendales Bailliff. HELP!!!

Thanks Amy. I feel much better. I have faxed the notice to Rossendales and posted a copy recorded delivery. I have a couple printed and sitting on the bar waiting just in case they turn up.

[msnperry]

Re: Rossendales Bailliff. HELP!!!

It's now just after 6 and the pub is open. I'm not feeling so brave now I may have no way to keep them out! I've had NO contact all day. He hasn't tried to phone or visit. I don't know if this is a good sign or a bad one. Quaking in my crocs in case he visits when I have customers in. But I'm ready with the notice to hand him if he does. I don't think I could face this withour the help and support I know are here on this forum.

[Amy]

Re: Rossendales Bailliff. HELP!!!

Bailiffs don't like to have to work for their money, they prefer people just to pay.

Trust me, you'll be fine.

[msnperry]

Re: Rossendales Bailliff. HELP!!!

I've calmed down again. lol I know you are right Amy so I'm ok. Customers are in having meals and if he turns up I'll just deal with it. I'm keeping fingers crossed that the lack of contact is good sign. Thank you for all your help. You can't imagine how relieved I am to have found this community online.

[wahoo_thomas]

Re: Rossendales Bailliff. HELP!!!

Hi
this is just a note of support hang in tere and follow all the advice Amy gives you she is correct .I recently had dealings with Rossendales and after following the advice Amy gave me to the letter came out the other end the winner .Allways remember they will say and do anything to you DO NOT BELIEVE THEM over the advice you get here .Intimidation is their biggest weapon once they realise you are not intimidated by them you have started to win .Best of luck and stick in there

Jim

[msnperry]

Re: Rossendales Bailliff. HELP!!!

Hi
this is just a note of support hang in tere and follow all the advice Amy gives you she is correct .I recently had dealings with Rossendales and after following the advice Amy gave me to the letter came out the other end the winner .Allways remember they will say and do anything to you DO NOT BELIEVE THEM over the advice you get here .Intimidation is their biggest weapon once they realise you are not intimidated by them you have started to win .Best of luck and stick in there

Jim

Thank you so much for your support. We've closed the pub for a few hours this afternoon and it's lovely to just relax. I've been reading through so many other threads and am absolutely shocked a how devious, aggressive, and criminal some bailiffs can be. I'm hoping that, as I faxed the notice Amy told me to, and sent the SAR recorded, they will maybe back off.

[msnperry]

Re: Rossendales Bailliff. HELP!!!

no contact......nothing. Not so much as phone calll. I'm still super vigilant but I am actually starting to relax and know that all the advice Amy has given me has worked. Oh and BTW I'm still payinmg Allerdale Borough Council direct. The account is now in dispute, as I don't owe them the amount originally passed to Rossendales, but I'll just keep paying and they can refund me. In March this year, before I knew about any of this latest council tax demand going on, Allerdale borough council sent me a refund £826 for overpaid business rates. I presume they have a computer system that should link names and addresses.........Apparently not lol