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Proof of incompetence (Rosendales)

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  • #1

    Proof of incompetence (Rosendales)

    Levied neighbours car on HIS drive
    Despite me paying the council direct, after proving Jacobs had attempted fraud. The council sent Rosendales in.
    They very misteriously visited my neighbor and slapped a levy on HIS car, parked on HIS drive and posted paperwork addressed to me through his letterbox.
    I eventually received the paperwork (unsigned) threatening to cart away and sell my neighbour's car.
    Bizarre I know. I emailed the council several times but all I got was I had to prove that the car was not mine and the additional fees still stand.
    Well of course I had no intention to provide ownership details for someone else's car.
    So left it to the council to contact the bailiff to figure out what was going on.
    I knew really as the two addresses are so very similar (two No. 1s and two No 2s on the same block). However, it takes only one or two brain cells to work out.
    Several weeks later I received an email from the council stating that the bailiff has discovered their error and handed the warrant right back to the council and the fees had been dropped. (I am still paying instalments to the council just as I have done all along).

    I had previously sent a SAR to Jacobs as I wanted more evidence of fraud. They refused to supply any emails between them and the council, stating that they would be too hard to find. I believe that there is incriminating evidence in these emails.
    I asked the council for additional information to the previous SAR, but they are demanding a further fee as they believe that the bailif and them are a separate entity. I am arguing that it is for the same account so they should share the fee.
    Does anyone know the law on this and do I have to pay for a SAR for the same account twice?

    David in Lincolnshire.
    Tags: None
    • 1 thank
  • #2
    Re: Proof of incompetence (Rosendales)

    its a seperate fee to each organization, and yes any manual notes or letters regarding the account (including emails between them) should be provided. A warning letter stating that if they do not provide the emails exchanged between council and the bailiffs then you will issue proceedings to obtain a court order ordering the emails to be disclosed to you as per your sar request under the data protection act.
    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

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    • 3 likes

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    • #3
      Re: Proof of incompetence (Rosendales)

      I would say you would have to pay the SAR fee for both organisations, ie the council and the bailiff, in spite of the fact that they are the same debt. I'd say do the council first cos it might provide the info you need anyway.
      "Family means that no one gets forgotten or left behind"
      (quote from David Ogden Stiers)
      • 2 likes

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      • #4
        Re: Proof of incompetence (Rosendales)

        I would guess the council are hoping I will not proceed, as they have offered to add what I owe to my existing direct debit payments for the current year, until it is paid off. I have accepted this as it is more convenient.
        This they said in the past was not possible and I had to pay the bailiff (never have).
        It is a long story, which I may publish in full once it is all over.
        I will name and shame for all to see.

        I definitely agree it is worth ten pounds to see what the council have said to both bailiffs.
        I intend to write to Jacobs demanding the missing emails and threaten them with legal action if they still refuse.

        Thanks go to all on here and good hunting.

        David.
        • 1 thank

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        • #5
          Re: Proof of incompetence (Rosendales)

          Originally posted by David-G1ZQC View Post
          Despite me paying the council direct, after proving Jacobs had attempted fraud. The council sent Rosendales in.
          They very misteriously visited my neighbor and slapped a levy on HIS car, parked on HIS drive and posted paperwork addressed to me through his letterbox.
          I eventually received the paperwork (unsigned) threatening to cart away and sell my neighbour's car.
          Was the paperwork in a sealed envelope, an unsealed envelope or just a loose bundle of documents?

          Comment

          • #6
            Re: Proof of incompetence (Rosendales)

            The envelope was I presume originally sealed. My neighbour opened it, naturally as it was on his mat. There was a window in the envelope, but the name and address was written very faintly on a single line, not in view of the window.
            The excuse the bailiff gave was that he had made "discreet" enquiries as to where I lived.
            All lies as it was obviously the wrong place. Either that or our local pink elephants were having fun.

            The issue of the car has been proved, as I insisted that I was NOT going to ask my neighbour to let me have his identity to give to a bailiff! It took weeks for them to get it from DVLA.

            David.
            • 1 thank

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            • #7
              Re: Proof of incompetence (Rosendales)

              Originally posted by David-G1ZQC View Post
              The envelope was I presume originally sealed.
              Either it was or it was not originally sealed. Was the flap of the envelope torn or cut open, or was it still attached as it might be if the flap had been merely tucked inside?

              My neighbour opened it, naturally as it was on his mat. There was a window in the envelope, but the name and address was written very faintly on a single line, not in view of the window.
              Then it was not legibly addressed specifically to you, which could be a breach of the Data Protection Act and which should be reported. Additionally, the council may bear some vicarious responsibility for that oaf's breach of your human right to privacy, as he was acting as an agent of the council at the time.

              The excuse the bailiff gave was that he had made "discreet" enquiries as to where I lived.
              1. Rule 1: Bailiffs tell lies
              2. Rule 2: See rule 1.

              All lies as it was obviously the wrong place. Either that or our local pink elephants were having fun.
              Or Harvey was out, playing at Silly Pookas? (link)



              The issue of the car has been proved, as I insisted that I was NOT going to ask my neighbour to let me have his identity to give to a bailiff! It took weeks for them to get it from DVLA.
              Oh, good. Still, it won't have cost the oafs nearly enough to get such information.

              Comment

              • #8
                Re: Proof of incompetence (Rosendales)

                Just to clarify about the letter. It was open when I got it.
                It had been innocently opened by my neighbour.
                My name and address was written quite faintly on a single line NOT in view of the window in the envelope.
                I want to know what has been said by the council to rosendales, regarding this breach of security as the feeble excuse was that the bailiff had made discreet enquiries as to where I lived.
                Not possible to do by this type of sneaky individual.

                David.

                Comment

                • #9
                  Re: Proof of incompetence (Rosendales)

                  Have you formally complained to the council?

                  Have you got your local councillor(s) to look into the matter?

                  Comment

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