stupidly have signed a walking possession order

[bizzybob]

Re: stupidly have signed a walking possession order

Seems to me the council are cruising between just two things, Jack and crap and Jack has left town, (on another note i used to work with a guy called guess what? Jack Crapp, yes that is 100% true), send the letter and remind them of the points that ploddertom and bluebottle have illistrated, and that as their agents actions may not be wholly lawful, you are seriously considering a Regulation 46 complaint.

[ploddertom]

Re: stupidly have signed a walking possession order

When you have done your letter post the basics of it up and we'll see if it needs a few bells & whistles.

[gorilla3]

Re: stupidly have signed a walking possession order

Ok here is first attempt what do you think?

ear Sir/madam
It gives me no pleasure to be writing this to you, however since I have contacted your revenues recovery department on several occasions since the beginning of January via phone and E-mail, also escalating my issues and concerns to the head of revenues via e-mail and not even receiving acknowledgement of my mail from him/her and receiving extremely unhelpful and conflicting information from the revenues team, I feel left with no other choice.
In June 2011 an attachment of earnings order was issued against me for my council tax bill running from 2011-2012 there was also another attachment of earnings order established for a previous property dated from 2009, both of these were accepted and payments were being taken from my wages every month up until April 2012 when I went on 39 weeks statutory maternity leave. On June 30 2012 I received the attached letter from your offices advising my debt had been passed to the outside bailiffs. Please could you advise whether the attachment of earnings orders against these debts were officially cancelled in accordance with Regulation 41, Council Tax (Administration & Enforcement) Regulations 1992 (as amended)? And if they were please could you also advise why I did not receive any correspondence for this taking place at the time? I require all this information as in December 2012 my employer deducted monies from my wages under the two attachment of earnings orders against me.
I also feel that you should be made aware that I am also taking steps to issue a regulation 46 complaint with the magistrate court due to being aggrieved by the invalid levy the enforcement officers you instruct made. I have attached a copy of the original levy made and as you can see the goods listed would not release enough money if sold to even cover any bailiff costs and therefore was only made to garner fees. This in turn now also means that many of the fees applied by the bailiff firm are also questionable.
I await your response to the above and should you require any further information I will be more than happy to provide it.
Yours Faithfully

[CleverClogs]

Re: stupidly have signed a walking possession order

I require all this information as in December 2012 my employer deducted monies from my wages under the two attachment of earnings orders against me.

Were monies deducted only in December 2012, or were they deducted until December 2012?

[gorilla3]

Re: stupidly have signed a walking possession order

only in december as i had my holiday pay given which had been accrued during my maternity and this was the monies taken into account and deducted. I don't think my statutory mat pay was enough to have deductions made against.

[bluebottle]

Re: stupidly have signed a walking possession order

One hopes the CEO will not be likewise afflicted.

Hmmm. Looks like a severe case of Cranio-Rectal Obstruction or, as the picture says, CC......

[bluebottle]

Re: stupidly have signed a walking possession order

only in december as i had my holiday pay given which had been accrued during my maternity and this was the monies taken into account and deducted. I don't think my statutory mat pay was enough to have deductions made against.

In order to deduct from benefits, there must be an Attachment of Benefits Order (ABO) in force. Any attempt to take it with an AOE Order is forbidden.

[bluebottle]

Re: stupidly have signed a walking possession order

Ok here is first attempt what do you think?

ear Sir/madam
It gives me no pleasure to be writing this to you, however since I have contacted your revenues recovery department on several occasions since the beginning of January via phone and E-mail, also escalating my issues and concerns to the head of revenues via e-mail and not even receiving acknowledgement of my mail from him/her and receiving extremely unhelpful and conflicting information from the revenues team, I feel left with no other choice.
In June 2011 an attachment of earnings order was issued against me for my council tax bill running from 2011-2012 there was also another attachment of earnings order established for a previous property dated from 2009, both of these were accepted and payments were being taken from my wages every month up until April 2012 when I went on 39 weeks statutory maternity leave. On June 30 2012 I received the attached letter from your offices advising my debt had been passed to the outside bailiffs. Please could you advise whether the attachment of earnings orders against these debts were formallycancelled in writing, as required by legislation? If the Attachment of Earnings Order was formally cancelled, could you please explain why I have not received written notification that this has been done? I require this information as, in December 2012, my employer deducted monies from my wages under the two Attachment of Earnings Orders against me. You are put on notice that it is unlawful and, potentially, illegal, to pursue two forms of enforcement again a person for the same matter simultaneously.

You are further put on notice that I am taking steps with a view to making a complaint under Regulation 46, Council Tax (Administration & Enforcement) Regulations 1992 (as amended) with the magistrate court due to being aggrieved by the invalid levy the enforcement officers you instruct made. I have attached a copy of the original levy made and as you can see the goods listed would not realise enough money if sold to even cover any bailiff costs and therefore was only made to garner fees and gain a financial advantage for the bailiff and his employers. This also means that many of the fees applied by the bailiff are also open to question and challenge.
I await your response to the above and should you require any further information I will be more than happy to provide it.
Yours Faithfully

Made a few amendments [highlighted in red] to tidy up the letter and correct a few things. Hopefully, this should get them to sit up and take notice and stop playing silly sods.

[gorilla3]

Re: stupidly have signed a walking possession order

Hi so I have received the e-mail below from the evening senior recovery officer. This is their response to an e-mail i escalated to them last week before coming to this forum. Should I still send the letter Bluebottles adjusted for me last night or do i admit defeat and continue to deal with Bailiffs? I am panicking that they are in the right and am really looking for some reassurance from you?

have been forwarded your emails below regarding your concerns about the way Bristow and Sutor have dealt with your cases. Whilst I do appreciate the points you have raised I cannot see from the case notes that they have acted unlawfully or outside of the legislation, so as I cannot comment on their behalf I have forwarded your emails to their compliance officer and they will reply to you directly in accordance with their own complaints procedure and you will hear from them shortly.
I am not in a position to ask for the cases to be returned as there were numerous opportunities given to make arrangements directly with the Council before this action was taken. You need to discuss your payment options directly with them when they have responded to your complaint. We will advise the bailiffs of any payments you make directly to this office but that will not stop them continuing with their action if you do not make an arrangement with them.

I have seen from your account notes that you contacted this office on Monday (second phone call i had made since Jan)stating payments were being deducted from your wages. I have spoken with xxxx xxxx in your payroll department today and also emailed her confirming that no further deductions should be made. There appears to have been a misunderstanding as I advised your payroll department last year to cancel these Orders when the accounts were passed to Bristow and Sutor. I am sorry for this confusion.

[CleverClogs]

Re: stupidly have signed a walking possession order

He needs a damn good slapping!

[gorilla3]

Re: stupidly have signed a walking possession order

Its a woman and i would gladly do it!! Do you think they are still in the wrong and would be able to recall the accounts from the bailiffs? The fact that they have passed my e-mails to this firm has me stressed as it now means i will have to read their bxxxxxit lies which i know will cast even more doubts in my mind! Just as i begin to think i stand a chance!

[ploddertom]

Re: stupidly have signed a walking possession order

Carry on as you are doing as everything they appear to be doing themselves suggests they are digging a hole for themselves. If you then have to go to the LGO then it shows you seem to know what you are doing whereas they don't. This is a typical response from a Council that don't have a clue and revert back to the Bailiffs each time there is a query. In turn the Bailiffs will tell you that everything they have done is in accordance with current Regulations. Eventually it will be seen that there has been a rare admin error and as gesture of goodwill they will do xxx & yyy.

They hope you don't have a clue and will give up when told everything is OK. Seen it so many times now it wears thin. Tackling these issues does not happen overnight and you have to be prepared to be in it for the long haul.

[gorilla3]

Re: stupidly have signed a walking possession order

Thank you Ploddertom this is what i needed to hear I will send the letter drafted last night first thing tomorrow morning FAO CEO as planned, should i respond to the e-mail i have received this evening from the senior recovery officer advising her of the letter or is it better to just not reply to her mail?

[CleverClogs]

Re: stupidly have signed a walking possession order

Its a woman

Oh.

Perhaps her problem is "hormonal"? :rofl:

[gorilla3]

Re: stupidly have signed a walking possession order

Oh.

Perhaps her problem is "hormonal"? :rofl:

Lets hope its not contagious as the CEO also appears to be female from my research! I have shown my other half her face so if i dont get what i want lets hope she never enters his restaurant to eat!!!!