rossendale bailiffs

[dementedfeline]

Re: rossendale bailiffs

singledaddy - send the email wording i gave you earlier to rossendales. when you get a reply, check the fees, come back here for more advice if necessary/checking for overcharging and then send that and your dvds to the council people, headed formal complaint.

do not waste your time phoning.

on NO account believe other sites which will encourage you to submit a form 4 complaint - which could cost you thousands!

df

Re: rossendale bailiffs

Unfortunately I paid the charges already as I was forced to but surely it proves they had no legal right to demand these fees and use the council tax warrant as an excuse

Exactly.

As they are ostensibly working for or on behalf of the council, the council is responsible for their conduct. You should seek the documentation from Tosserdales, but seek reimbursement of the excessive fees from the council.

[singledaddy]

Re: rossendale bailiffs

Unfortunately I paid the charges already as I was forced to but surely it proves they had no legal right to demand these fees and use the council tax warrant as an excuse

[ploddertom]

Re: rossendale bailiffs

Everything is there in the last few posts. Just needs putting together and bye bye lots of charges.

[singledaddy]

Re: rossendale bailiffs

If goods are levied on and the bailiff does not then return to remove those goods within a certain period of time, the levy is then considered to be abandoned. The bailiff will then have problems if they attempt to remove goods where the levy has been abandoned.

So basically they're just running round in circles headless then?

[bluebottle]

Re: rossendale bailiffs

All this was from my previous address as well. Can they really hold a levy for 10 months?

If goods are levied on and the bailiff does not then return to remove those goods within a certain period of time, the levy is then considered to be abandoned. The bailiff will then have problems if they attempt to remove goods where the levy has been abandoned.

[bluebottle]

Re: rossendale bailiffs

It will be interesting to see how they respond to a request under Section 35(2), Data Protection Act 1998. To the best of my knowledge and belief, they cannot demand a fee for disclosure requests under Section 35(2). They can if the request is a Subject Access Request under Section 7 of the Act.

[singledaddy]

Re: rossendale bailiffs

Which is why you put dossendales on Strict proof and inform them that their levy and it's associated fees must be removed, as you don't own the car, and the real owner will be really peed off if they were to take (steal) it.

All this was from my previous address as well. Can they really hold a levy for 10 months?

[bizzybob]

Re: rossendale bailiffs

I don't know the vehicle so I don't know if it was seized I never received anything about a vehicle as it wasn't my vehicle

Which is why you put dossendales on Strict proof and inform them that their levy and it's associated fees must be removed, as you don't own the car, and the real owner will be really peed off if they were to take (steal) it.

[singledaddy]

Re: rossendale bailiffs

The bailiff will say that as the car was near your property the judgment in Observer v Gordon allows him to assume it was yours, If he left no notice of seizure at the time he is sailing close to the wind, and any and all fees associated with the levy are void. Expect the T0$$er to ask you to produce the V5 to prove it isn't yours.

Haha produce the V5, if its not my car and I don't know the car that would be impossible

[singledaddy]

Re: rossendale bailiffs

Am I assuming that no Notice of Seizure was left when this vehicle was allegedly seized?

I don't know the vehicle so I don't know if it was seized I never received anything about a vehicle as it wasn't my vehicle

Re: rossendale bailiffs

What I'm wanting is proof of this so called levy fee and van fee. When I spoke to them earlier they mentioned about a car outside my house when I haven't got a parking space at my house. I have to park my car a couple of streets away and the car they mentioned wasn't even my car

Then it isn't a valid levy.

No valid levy = no levy fees should be charged, nor should any "van fees" or "attendance to remove" fees be charged.

[bluebottle]

Re: rossendale bailiffs

What I'm wanting is proof of this so called levy fee and van fee. When I spoke to them earlier they mentioned about a car outside my house when I haven't got a parking space at my house. I have to park my car a couple of streets away and the car they mentioned wasn't even my car

Put them to strict proof as to ownership of this car. They will probably try and use the Data Protection Act 1998 to avoid doing so. However, try something along these lines -

Dear Muppets,

In your letter/email dated [date], you claim you are charging a levy fee and van fee for vehicle registration mark [VRM] which you claim was parked outside my house on [date].

You will know or ought to know that, in order to lawfully charge the levy fee and van fee for this vehicle, you must be able to prove that I am the registered owner or keeper of the said vehicle. You will also know or ought to know that you can only lawfully levy on and seize goods belonging to a debtor. You are not permitted to levy on and seize goods belonging to a third party.

In view of the foregoing, I am, therefore, putting you to strict proof as to the registered owner or keeper of the motor vehicle with the vehicle registration mark [VRM].

You are put on notice that Section 35(2), Data Protection Act 1998 states -

"Personal data are exempt from the non-disclosure provisions where the disclosure is necessary -

(a) for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), or
(b) for the purpose of obtaining legal advice

or is otherwise necessary for the purposes of establishing, exercising or defending legal rights."

In order that I may obtain legal advice as to the lawfulness of the charges you are seeking to impose upon me, I require you to confirm as to the identity of the registered owner or keeper of vehicle registration mark [VRM] and from where or whom you obtained the relevant data.

You have 14 days from your receipt of this letter in which to provide the data requested.

Yours faithfully,

Singledaddy"

Hope this helps.

[bizzybob]

Re: rossendale bailiffs

The bailiff will say that as the car was near your property the judgment in Observer v Gordon allows him to assume it was yours, If he left no notice of seizure at the time he is sailing close to the wind, and any and all fees associated with the levy are void. Expect the T0$$er to ask you to produce the V5 to prove it isn't yours.

[ploddertom]

Re: rossendale bailiffs

Am I assuming that no Notice of Seizure was left when this vehicle was allegedly seized?