Wrong name on letters?

[Kati]

I just checked the register for Enforcement Agents certificates to find the Mr. Kernaghan who is the 'Enforcement Officer in Charge' of a supposed debt and has been to my house. On the letter he left me, he states his name is Kernaghan (with an A) and he works for Rossendales. On the register however, there is no Mr Kernaghan at all - there is a Christopher James Kernaghen(with an E) registered as working for Rossendales. Is this the same man?? Do you think he has changed the spelling of his surname on the letters I have been sent??

Also - can anyone tell me what should be written on a 'Notice of Enforcement Agent Attendance'?? I have been given TWO within a 4 day period - with no breakdown of the amount owed, or any charges added??

This is the first contact I have had with Rossendales, no previous letters whatsoever, and I am in the process of appealing the debt he is trying to recover at this time. Do I have to deal with him?? Or do I just ignore any attempts he makes and wait for a reply from the creditors??

[bluebottle]

Re: Wrong name on letters?

What is the debt for, please?

[Kati]

Re: Wrong name on letters?

Hi Bluebottle,

It's a Council Tax debt (that I am currently appealing against) from a previous address

[bluebottle]

Re: Wrong name on letters?

Were the local authority where your previous address is located aware you were disputing and appealing against the debt when Rossendales got involved? If the local authority has applied to a magistrates court and obtained a Liability Order knowing the debt was subject to dispute and appeal, then you may need to seek professional legal advice about challenging the local authority's actions.

[Kati]

Re: Wrong name on letters?

I didn't know there WAS a problem until the man from Rossendales turned up at my new address.

The council have now confirmed the dates they say I owe for, and I wasn't even living at the property for much of it (which they also were informed of at the time of my move ... including my new address) - and I have proof of CT benefit entitlement for the other few days worth.


UPDATE: i HAVE JUST RECEIVED AN EMAIL FROM THE COUNCIL STATING THAT THEY SENT LETTERS AND A SUMMONS TO A DIFFERENT ADDRESS - AND THAT I HAVE TO CONTACT ANOTHER DEPARTMENT FOR CONTINUING MY APPEAL (WHICH I ALREADY DID OVER THE WEEKEND). THEY HAVE PUT A STOP ON THE ROSSENDALE ACTION WHILE MY APPEAL IS BEING DEALT WITH :tinysmile_grin_t:

[bluebottle]

Re: Wrong name on letters?

That is good news. Let's hope the local authority remit any fees Rossendales might attempt to charge.

[Kati]

Re: Wrong name on letters?

fingers crossed for that result bluebottle :tinysmile_grin_t:
I've been informed today that the original 'debt' was for £157, so Rossendales have so far added over £300 in fees :tinysmile_hmm_t2: The council involved have put a 30 day stop on the whole thing while I appeal (they admitted sending letters and a court summons to the wrong address) so they know they're in the wrong. Just gotta collate all my evidence now - and hope they don't try to drag things out ....

[bluebottle]

Re: Wrong name on letters?

If the local authority have admitted to sending correspondence to the wrong address and that there is a question mark as to whether you actually owe them anything, expecting you to pay bailiff fees due to their blunders would be perverse in extremis.

[Kati]

Re: Wrong name on letters?

My thoughts exactly ... but from what I've heard, the council isn't very quick to retract a decision

[bluebottle]

Re: Wrong name on letters?

That could go against them under certain circumstances, e.g. litigation, where they are required to mitigate their losses or liability.

[bizzybob]

Re: Wrong name on letters?

The council may well argue that it acted entirely correctly sending the paperwork to your last known (by them) address.

[Kati]

Re: Wrong name on letters?

Maybe ... but I was in contact with the council there both during and just after my move out of the county. The council DID know my address ... AND that I had moved on the day I left. :tinysmile_hmm_t2:

[bizzybob]

Re: Wrong name on letters?

Maybe ... but I was in contact with the council there both during and just after my move out of the county. The council DID know my address ... AND that I had moved on the day I left. :tinysmile_hmm_t2:

In which case they have no excuse for sending everything to your old address and then gaining a LO and sending bailiffs.

[Wombats]

Re: Wrong name on letters?

Kati,

With the clear proof you have, there is no reason why the LA should not just recall anything which may be outstanding and Rossendales' fees should be waived. If they see they've made an error they're normally pretty good at correcting them.

To be fair to Rossendales, with the exception of the NOE's (you should only have had one with VERY clear wording and content on it), the fees the appear to have applied given they thought it was a normal case are perfectly legitimate. Thankfully for you you shouldn't have to pay them one penny.

[Kati]

Re: Wrong name on letters?

I hope so

I've been given 30 days to put ,my appeal in and see what I can do .....