Wrong name on letters?

[Sir Vere Brayne d'Emmidge]

Re: Wrong name on letters?

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??

It's more likely that the person that made the entry on the Register made the typo

[Kati]

Re: Wrong name on letters?

UPDATE:

I am currently waiting for replacement bank statements for the dates the previous LA say I owe CT – they will prove that I was in receipt of JSA and Child Tax Credits at the time. Iwas also claiming CT benefits and Housing Benefit for the whole period of residence in the county.


I have been sent a letter by the housing team at the short-stay place we moved to after leaving the property involved in the dispute, stating that we were living there for some of the period our previous LA say we owe CT for – and also showing that the previous LA was informed of the situation at that time.

I have email evidence (are screen-shots of old emails acceptable as evidence?) of my contact with the previous LA during the TWO moves since living in that county.

I am considering querying Rossendales as to the need for TWO home visits four days apart with two different Notice of Enforcement letters – with a 10p change in the ‘debt’ owed, and no correspondence prior to the first visit. And also asking them to refer my case back to the LA on the basis of my being vulnerable (currently claiming JSA and Child Tax Credits and have a 6month old baby – no other income.) – the previous LA has tried telling me that the matter is now out of their hands tho’.

This 30day hold is going by TOO quickly

[Sir Vere Brayne d'Emmidge]

Re: Wrong name on letters?

UPDATE:


I am considering querying Rossendales as to the need for TWO home visits four days apart with two different Notice of Enforcement letters – with a 10p change in the ‘debt’ owed, and no correspondence prior to the first visit.

They should have sent you a letter stating that they were in possession of a Liability Order on behalf of the LA

And also asking them to refer my case back to the LA on the basis of my being vulnerable (currently claiming JSA and Child Tax Credits and have a 6month old baby – no other income.)

Did the EA for Rossendales see the JSA claim paperwork, until he/she does they are not going to return the warrant

the previous LA has tried telling me that the matter is now out of their hands tho’.

Poppycock! The LA are the instructors to Rossendales, they can withdraw the LO at any time.

This 30day hold is going by TOO quickly

See above

[Kati]

Re: Wrong name on letters?

The EA DIDN'T see any paperwork ... but he was only at the door for five minutes at the most. I was holding my baby (who was screaming) at the time, and wasn't going to turn my back on the man so I could go into the house and get any documents. He left pretty quickly after I said I wanted to appeal to my previous council.

Would a letter from my local MP stating that she has seen proof of the JSA and Child Tax Credits claims suffice?? I'd rather not have to deal with the EA again if I can help it (he's kinda scary)

[Sir Vere Brayne d'Emmidge]

Re: Wrong name on letters?

The EA DIDN'T see any paperwork ... but he was only at the door for five minutes at the most. I was holding my baby (who was screaming) at the time, and wasn't going to turn my back on the man so I could go into the house and get any documents. He left pretty quickly after I said I wanted to appeal to my previous council.

Would a letter from my local MP stating that she has seen proof of the JSA and Child Tax Credits claims suffice?? I'd rather not have to deal with the EA again if I can help it (he's kinda scary)

Just make copies of them and post/fax to Rossendales.

If you post them, make sure you use Royal Mail™ Recorded Delivery.

And just for the overkill, if you have a scanner (or you might want to use a good digital camera instead) e-mail the pictures to Rossendales Customer Support Team: enquiries@rossendales.com

[Kati]

Re: Wrong name on letters?

I might just go for the 'overkill' approach ... might use it with my previous council too. I emailed them asking for copies of all the letters, the summons AND the liability order they didn't send to my address, and no reply as of yet (3 days so far). I've got a funny feeling they are stalling to make sure the 30day hold is over without me having all the evidence I want/need :tinysmile_hmm_t2:

[ploddertom]

Re: Wrong name on letters?

I might just go for the 'overkill' approach ... might use it with my previous council too. I emailed them asking for copies of all the letters, the summons AND the liability order they didn't send to my address, and no reply as of yet (3 days so far). I've got a funny feeling they are stalling to make sure the 30day hold is over without me having all the evidence I want/need :tinysmile_hmm_t2:

They may treat this as a Subject Access Request and are expecting the statutory £10 payment. No payment = no details. You should check to make sure.

[Kati]

Re: Wrong name on letters?

maybe ... but they've already forwarded a copy of one letter without it being SAR, so theoretically they shouldn't be able to charge for the others

[Kati]

Re: Wrong name on letters?

Still no reply ... time for another email I think

[Kati]

Re: Wrong name on letters?

Well, another email sent to my previous council today informing them that as I had already been emailed a copy of ONE letter they shouldn't regard my requesting the others (that were all sent to a different address) as a SAR request ... copied in both named people (who I have spoken to so far) and the benefits section (all of who got my first request for these letters a week ago). Now to wait for a reply.

How long should I give them this time?? Do I have grounds for a complaint??

[Kati]

Re: Wrong name on letters?

UPDATE:

Received a reply from my previous council yesterday evening - they have accepted they sent everything to the wrong address, and have offered to recall the debt from Rossendales and deduct the £100 costs from the order IF I pay the 'original' amount of £57.71!

I still haven't been sent the requested copies of the summons, liability order etc... AND - from what I can understand - I would still be liable to pay Rossendales their fees (total of £310.10 if their second letter is correct).

I am still adamant that I shouldn't actually owe anything. I was on JSA and Child Tax Credits at this time, and in receipt of full HB and CTB. I left the area believing that the CT was paid up to date, informed the council of my move (no forwarding address, but no debt so no need) and thought no more of it until bailiff knocked on door.

What would be the best next step??
1, Agree to pay CT that I really do not owe (as per their new offer) at maybe £2 a week?
2, Contact them again asking for the paperwork I requested and wait?
3, Refuse and carry on fighting for the council to accept they were wrong?

I would really like to accept their offer, then send them a bill for the bailiff fees (they admitted sending everything to the wrong address) meaning they would owe ME £252.39, but I don't think that would go down well :tung:

all ideas welcome!!!

[ploddertom]

Re: Wrong name on letters?

If it were me I would pay the amount they are asking for. This should then halt all further action. Then continue asking for all the details you want, if you have then overpaid then you will be reimbursed.

[Kati]

Re: Wrong name on letters?

Update to this here: http://www.legalbeagles.info/forums/...!!!&highlight=