Rossendales stole my dads car!

[Mrhopeful]

I am glad I have found this website for a start!

First of all, on Monday 24th January, the rossendales bailiff turned up at my home in the morning and demanded full payment of over£700 or they will take the vehicle in my drive !! ( My outstanding balance is 400 odd pound from an initial £1040 which Ive been trying to pay as best I can. but not been in work since early December, so paid £50 before xmas and £10 early January, so I have been trying, I have paid over 40 seperate payments to rossendales for this account so I have been trying!)

I first of all say they cant do that, it does not belong to me, its my fathers, plus I havnt let them into my house at any stage so thought it was bully tactics and that was that.. But incredibly he showed me a walking possession agreement I signed back in August 2009 and under THE INVENTORY is the reg of my fathers vehicle and a poorly written make of car . .

Somebody did come to my house, they didnt come in, was very polite and said hes a representative from Rossendales and there to see if I can negotiate payments etc. I told him I was on job seekers, which I was at that time, he said thats ok, just send rossendales proof you are on benefits and offer what you can, he ticked some boxes referring to what I pay out etc, he then said I just need to sign that he had been and discussed and you will agree to set up an arrangement with rossendales! Now it turns out that signature was for a walking possion order, I didnt even think it could possibly be anything like that!! One thing is for certain, he did not tell me it was for the car because I would have told him straight away it doesnt belong to me !! I also didnt get a copy of what I signed for, but as I thought I was signing just to say I have spoken to him, I didnt care about a copy, to me it was just some ticks on a kind of budget report.

So I had signed a paper but I know he filled in everything after because the date of my signature was filled in by him as it matches his!

When the bailiff told me he was recovering the car, I again told him it doesnt belong to me, you are not allowed to take it and I showed him the log book which has been in my dads name ever since he paid for it in oct 2006 !!

He refused to even look at it and say thats not good enough! I rang Rossendales and the council whilst he was in the garden waiting for the recovery truck and I havnt come across such ignorant people in my life, they just refused point blank to speak to me about it and said I have to deal with the bailiff ! I said but he isnt listening to me, Its my dads car, its an invalid levy, whats the point you taking it when you cant touch anyones elses goods?? I have the log book here too,It doesnt make sense.

I had rang the council and emailed rossendales and tried speaking to them on the phone prior to the bailiff coming offering £12.50 a week as I am only getting £52.50 a week at present, but I kept getting told I had to deal with the bailiff !!

So, the car was gone, they now have a vehicle that i have never been insured for, owned, and I had the log book in my hand yet they took the vehicle away. I have written to the council and Rossendales, with copies of the log book, copis of emails i have sent trying to get them to accept what i can afford and also my requests to give me a break down of all my charges, becasue I know they cant charge me for a invalid levy and I am convinced there are other false charges.. The bailiff refused to give me the breakdown of the charges on 3 seperate occassions on Monday morning!

In the evening, my father went absolutley crazy as his beloved car was gone !!

So my priority is to get the car back, which should be done with the strength of these letters, but can my dad do anything?? Can he ring them or something and say you have my car, return it or I will report it stolen??

But after the way I have been treated, I want to go further once the car is back, complain about the unfair charges, once I get provided with the breakdown.

I also want to check a previous years account that I owed money to, they came to my house whilst I was at work, my mother was at my home, after bullying tactics, she paid the 400 odd pound, at the time i knew that was quite a bit more than what I thought I owed, but didnt know the law or the charges etc..

I basically would like help in pursueing this, but I need to get back the car that belongs to my dad..

Any help will be greatly appreciated..

[ODC]

Re: Rossendales stole my dads car!

Its not your car. Its your fathers car. Rossendales have stolen it. This is Taking and Driving a Motor Vehicle without the owners consent. Even if they allegedly have your signature on a document saying it was your vehicle they still cannot steal it. You could just as easily have put the Vicars car on a bit of paper if he had been in your driveway.

Your father needs to report his car as stolen to the police. Its his car and he did not give the baliffs any authority to lift it

[Mrhopeful]

Re: Rossendales stole my dads car!

Hey, thanks for the reply. I rang the police on he morning, but as soon as I mentioned bailiffs, they said it was a civil matter!

I think that is the line they say with anyone dealing with a bailiff, but would I be right in saying, because my dad isnt named at all on the council tax and not anything to do with the bailiffs, they cant say to him its a civil matter??

Thanks

[outlawlgo]

Re: Rossendales stole my dads car!

Hey, thanks for the reply. I rang the police on he morning, but as soon as I mentioned bailiffs, they said it was a civil matter!

I think that is the line they say with anyone dealing with a bailiff, but would I be right in saying, because my dad isnt named at all on the council tax and not anything to do with the bailiffs, they cant say to him its a civil matter??

Thanks

Maybe you should be asking the police to point out to you the legislation that states vehicle theft and fraud is a civil matter rather than criminal?

They're talking rubbish, but unfortunately this seems to be standard procedure.

[Mrhopeful]

Re: Rossendales stole my dads car!

Well registered letters have been posted, but I need to know what timeline I should be looking at?

I will give them until Friday to know they would have received the letters, but do I ring them Friday for any answers or wait for them to post back?

I am able to be patient but my father is absolutley devastated and quite depressed at this time as he doesnt understand the law of bailiffs and despite me trying to put his mind at rest what they have done is not allowed and they will have to bring it back ! He has been in poor health the last year, empthysema, and this is just not helping matters. He has just reached pensionable age.

It was only after this happened and finding sites like this that I realised how shoddy and corrupt Rossendales are, it makes my blood boil.

I am going to pursure Rossendales will all I can to get all the charges etc wrongly imposed removed.

I will be doing a SAR as soon as the car situation is resolved.

[enaid]

Re: Rossendales stole my dads car!

I would email or write not phone them, then at least you have a paper trail.
enaid x

[ODC]

Re: Rossendales stole my dads car!

Hey, thanks for the reply. I rang the police on he morning, but as soon as I mentioned bailiffs, they said it was a civil matter!

I think that is the line they say with anyone dealing with a bailiff, but would I be right in saying, because my dad isnt named at all on the council tax and not anything to do with the bailiffs, they cant say to him its a civil matter??

Thanks

You should not have phoned the police as it wasnt your car that was stolen. Your dad should phone them and also inform his insurance company

[Amy]

Re: Rossendales stole my dads car!

What debt is this for? Does your father live with you?

In the meantime, have a read of this thread, it is very similar to your situation Legal Beagles Consumer Forum

[natant24]

Re: Rossendales stole my dads car!

When I was with my ex, he had a similar problem with Rossendales, they made him sign a piece of paper which he was told was just a confirmation for her company that she had been and that a reasonable agreement had been made with a payment plan. It was only later on I decided to read through it all and found it to be a walking possession agreement with all my furniture and tv that she had spotted through the window. When we challenged it we were told the same, just pay up or we will break in and take the goods. I think they added on a good few hundred pound in fees too. All bailiffs are all the same, evil people!!!!!

[Mrhopeful]

Re: Rossendales stole my dads car!

What debt is this for? Does your father live with you?

In the meantime, have a read of this thread, it is very similar to your situation Legal Beagles Consumer Forum

Thankyou,

I shall read that now after I have replied.

The debt is councl tax. I am the tenant of the house through a private landlord and the tenancy agreement has been in my name from day 1. The council tax is fully in my name, no other people are listed on the council tax.

When on the phone to the council tax recovery department whilst the bailiff was in my garden with the tow truck, to inform them the vehicle isnt mine and I have the log book, the supervisor simply said to me " Well we just want the full amount paying however we can!"

I said but I have been told you are not allowed to take anyone elses goods and this isnt mine and I have the log book to prove it. My dad when he gets home will not just let it lie and you will have to bring it back.

North Lincs council have been terrible, I am concerned a bit though that the letters I sent are going to the departments of both Rossendales and the council who have been nothing less than unhelpful so i do hope they treat letters differently!

I am not a council tax avoider, I have paid over 40 seperate payments to Rossendales, of varying amounts, plus I have paid £8.45 dierect to the council today for this bill, my last money in my account, leaves me with 2 pence, even though they have a vehicle worth probably over £4k that would more than cover the £400 I owe, (although the distress warrant says over £700..

Im at my wits end but trying to remain calm so I can remedy this situation the best way I can..
------------------------------- merged -------------------------------
Amy,

it wont let me read that thread, with the following message, thanks,

Mrhopeful, you do not have permission to access this page. This could be due to one of several reasons:

1. Your user account may not have sufficient privileges to access this page. Are you trying to edit someone else's post, access administrative features or some other privileged system?
2. If you are trying to post, the administrator may have disabled your account, or it may be awaiting activation.

Read more at: Legal Beagles Consumer Forum

[Amy]

Re: Rossendales stole my dads car!

Sorry, it was moved to a private forum for privacy. I've moved it back now, so hopefully you will be able to read it.

newbie here - Legal Beagles Consumer Forum

[Amy]

Re: Rossendales stole my dads car!

The council tax is fully in my name, no other people are listed on the council tax.

Are you completely certain of this and does your father live with you?

[Mrhopeful]

Re: Rossendales stole my dads car!

Are you completely certain of this and does your father live with you?

Hello, sorry I thought I answered that, yes he does live with me.

But I am soley named for the liability, hes not on it. I rang the council to make a general enquiry about something rageding a seprate issue on my council tax and I was actually put through to the recoery department and it was the lady I spoke to on Monday morning, who basically was quite rude to me on that morning the bailiffs were here and refused to help me.

She said, " Hello I spoke to you Monday morning, we received your letter yesterday, because it is quite urgent we have faxed and NOT posted them to Steve Crooks at Rossendales.

I said ok, well they are getting the identical letter anyway.

She said its up to them what they want to do, its their decision as they have the car, you should hear something, but it is up to them.. You can ring and ask for him personally if you like..

I told her well my dad is keen to pursue it and get the police involved and everyhting necessary if its not sorted..


She was very different to monday morning, she didnt talk to me in the same manner, she was polite, but she did say on a few occassions it is their choice.

So thats the latest ..

[Amy]

Re: Rossendales stole my dads car!

The bailiffs work for the council, not the other way around.

Call her again, tell her that this is a courtesy call to tell her that there is a letter in the post which she should receive tomorrow (we can help you with this letter if needs be).

Tell her, the letter is a Letter Before Action and that to avoid you taking the matter to court, she must instruct the bailiffs immediately to return the vehicle to you and due to the council's serious errors in allowing this to happen and refusing to deal with the problem, they must recall this debt from the bailiffs.

Bailiffs are absolutely forbidden from seizing property not belonging to the debtor. They can reasonably assume that the vehicle belongs to you, but since you have told them and provided proof to the contrary, they have no excuse. This is called illegal distress.

Tell this lady at the council that should the need for court action be necessary, you will be naming the council as second defendant's and you will name her personally in your action.

Give her a clear time frame to have the vehicle delivered to you and any charges refunded - but do consider that if you threaten, you might well have to carry out.

[Mrhopeful]

Re: Rossendales stole my dads car!

Thanks Amy,

Before I ring her, should I try ringing this Steve Crooks from Rossendales? He might have already started the ball rolling to have the car returned??

They didnt have the keys to the vehicle, ( my dad had them with him, as he always does, he owns it!!) so they was along time trying to get it on the recovery truck and the recovery man was a long time underneath the car fiddling about etc, the block paving has been scratched where they have moved the car to get it in place, I only rent the house but it is still not good and my dad is hoping it is in excellent condition like it was when he washed it Sunday.. Hes very anal with his ranger, hence why he is very upset.

If he doesnt give me any satisfaction, I can then feel more confident ringing her knowing the bailiffs are refusing also ?

I was adamant I wasnt going to ring Rossendales, but at least I have a prson who the council directed me to and it would be nice to give my father some encouraging news when he gets home this evening.

Many thanks.,..