Rossendale Bailiffs Help

[mollymoo123]

Re: Rossendale Bailiffs Help

Sorry about this I am in the middle of working also... so can't concentrate on this matter full time... but can you adivse when A bailiff as put a Distress warrent in in your letter box without signing it is this classed as legal and binding? I am going to quote Schedule 5 REG 45 Reg 45 of the council tax admin & enforcement Regualation of 1992 Amended 1993 canonly charge £24.50 & £18.00 when no levy as been made.

Well this is wooly because of this bailiff putting this through the letter-box.

Please advise before I send the letter of complaint.

Thanks.

[WendyB]

Re: Rossendale Bailiffs Help

The council are absolutely wholly liable here and they must deal with this. They employ the bailiffs, not the other way around.

Send the council proof that you have paid, get the name of the person you're talking to and tell them you will name them in your complaint letter and insist that they get this mess sorted out today and recall whatever perceived debt is still with Rossendale.

Milly, you seem to have gone off at a bit of a tangent. Best to follow Amy's advice as above and send the council proof that you have paid the outstanding debt and the 1st and 2nd visits. You haven't actually paid for the distress warrant so you are just confusing matters by referring to it. You can deal with the erroneous charges at a later date.

[Amy]

Re: Rossendale Bailiffs Help

Sorry about this I am in the middle of working also... so can't concentrate on this matter full time... but can you adivse when A bailiff as put a Distress warrent in in your letter box without signing it is this classed as legal and binding? I am going to quote Schedule 5 REG 45 Reg 45 of the council tax admin & enforcement Regualation of 1992 Amended 1993 canonly charge £24.50 & £18.00 when no levy as been made.

Well this is wooly because of this bailiff putting this through the letter-box.

Please advise before I send the letter of complaint.

Thanks.

Do you mean a Walking Possession order?

Davidson V Roach [1991] covers the issue of posted walking possession orders. This is illegal and walking possession can only be taken once peaceful entry into the property has been made.

Also see Evans v South Ribble Borough Council [1991] where Mr Justice Simon Brown concluded:

• “Once entry is made, very little in the way of seizure and impounding is required…...but there must in the first instance be an entry (into the property), thus: it is my clear conclusion that external inspection and posting through the letterbox is a course of action insufficient to bring about the legal consequences of Distress.”

[mollymoo123]

Re: Rossendale Bailiffs Help

Just to update you I have now made a formal complaint to the council and sent it to my local MP also.. I have told them if this is not dealt with promptly I will be making a formal complaint to the Local Goverment Obudsman.. thank-you so much for you valuble help.. My eyes have been completly open to this discussing situation.. as I said I was made bankrupt and nearly lost my house 2 years ago I also lost my job all in the same week.. That was a very stressful time.. but this situation is totally unbielivable... I never got treated in this mannor going through all that... Its terrible..

[mollymoo123]

Re: Rossendale Bailiffs Help

I have had a response back from the council to say they uphold the costs and I still have an outstanding debt of £144 which needs to be paid to Rossendales... They have said it legal for the bailif to make a levey even though they weren't in my house. Also that the payments made totalling £177.52 have been allocated to Rossendales so my original debt of £119.82 plus a further £24.18 totalling £144 I have to pay within 14 days... They have not said anything about levying my car which is used for work.. I loath to pay anything else towards this... Please advise.

[Amy]

Re: Rossendale Bailiffs Help

Molly, I have to confess, I am totally confused here.

Post #1 says the bailiff claims you owe £119 + £24.50 + £18 = £161.50

Post #1 also says the council claim you actually owe somewhere in the region of £200

Post #5 says you paid £119 + £24.50 + £18 = £161.50

Post #5 says the bailiffs then claim you actually owe somewhere in the region of £300

Post #20 says you have paid £177.52 and then goes on to say the original amount that you said you paid in post #5 is still outstanding (albeit a slightly different amount) and you must pay within 14 days

You are going to have to clarify these figures in order for anyone to be able to help you.