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binded

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Everything posted by binded

  1. it took my council 4 weeks to respond to me, I wrote at least once a week to them, whether the council contacted me or not.
  2. Thanks shall add that to the list as its been mentioned in writing to both council and bailiff and neither dealt with that issue either.
  3. Also I've still found nothing about the 1st and 2nd visit fee's being on the same day, is that allowed?
  4. I have the subject access part of it (well the parts relating to me are all on this thread) is a few pages back with the 2nd screen shot of account. Thats how I know the fees haven't been taken off as the SAR arrived with a screen shot, the second screen shot still shows the van fee Hallowitch has highlighted, but also still a £60 waiting fee I shall enjoy relaxing this weekend, its an odd feeling, knowing I won't have the dread they may turn up in the morning, hell I might even open the curtains 8) lol
  5. Have lived at current address since December last year am assuming if the letter was posted to this address, however I did not receive it. I noted that the levy was a different date to the van fees (ie one preceeds the other). I think you can do experian checks online so shall have to do one (its obviousy got this address and having never done one before shall be interesting). Hadn't thought of it as you put it but you're quite right it doesn't add up there either. I liked the part where they stated the bailiff would have accepted £50 a month in April had I replied to the letter (now whilst I didn't receive it if I did...) I bet having read other peoples situations they would never have accepted that amount considering I've seen people tricked into paying that much a week. I paid with my wages another £50 off this already, but will scrimp another for the first official payment and go for the 15th month there on.
  6. Not yet, apparently they're all perfectly ok. SO now I have the breathing space to work out what to do next and can at least enter and leave my house without fear of the dreaded outside.
  7. Well progress finally (of sorts) and one that means at least the bailiffs will not be visiting me. I note they haven't answered my query about the £60 fees or indeed my 0.80p. Anyways heres the letter I received today from the council. He's not noted that I have never received any information about this until sept, as I'd have been paying sooner. It also states Rossendales have answered the questions directly they neither have answered why or how they justify still the £60 waiting fee on my account. It states the Bailiff has done a DVLA search on vehicles (but it doesn't show that on the SAR I received). It states no payment was received until the levy on vehicles, but the levy was done after the first visit on the 1st September when I paid, not after the levy. I currently have no DVLA records showing ownership of any vehicle, so thats a blatent lie. as the last car I owned was sold some 5 weeks prior to them turning up on my door step and I have the DVLA letter stating ownership had changed. And whilst I have use of a vehicle its not mine in ownership on the DVLA and never has been.
  8. You need to relax a little, I know its tortuous not hearing anything but I've been in limbo for awhile on this. The bailiffs have not at least been to my house, and I've had a letter a week off them for the last two weeks. So long as you contact them in writing rather than putting yourself through the grief of a phonecall, its going to be a waiting game. I wouldn't say its a bad thing that theres little contact, it just means the bailiffs realise its not going to be easy any more as their scare tactics on the phone are no longer going to work I know from my experience with Rossendales the mail they sent me most recently was done on the 25th Sept, it didn't arrive in my hands until today the 30th, thus they definately do not send things first class, I also know they don't deal with letters immediately as I have receipts for when the letters I sent were received by them and the last one, was sent on the 21st, received on the 22nd and they didn't write their response until the 25th . Not much consolation, but as I said, I'm in a similar situation, and it really is just a waiting game and lots of letters.
  9. Another update of my slow slow progress, as yet I've still not heard from the council, nor have I heard anything back from the MP since first contact. I've had another letter in respect to the stat declaration I did for car ownership. It states they only want a statutory declaration if my ex lives at this address, which he does not (alledgely he's going to contact them, but seeing as he won't tell me his address I'm hardly holding my breath on this). So my next move I guess is another letter, stating I acknowledge there response, re-iterate the car on the statutory declaration belongs to my landlord who is not my ex and that my ex does not live in this house. Still feel like I'm banging my head on the wall, but this letter did not have any "respond in x days" nor has it got any "immediate payment due now" on it. It states to contact the van bailiff (who I believe has changed from the female that was dealing with this, they must realise she wasn't playing ball properly too bad she gave me evidence of this). I won't be contacting the van bailiff, I've not intention of being talking at and being told full payment or ridiculous payment plan (though I don't think they'd offer the latter). I've made a 2nd payment now, and have got the screen print receipt to send off with the next letter.
  10. He's trying to scare you with the arrest warrant Kim, I was threatened that on the 1st September and I'm still free Besides that the nice people on here told the bailiffs have no authority to arrange an arrest anyways. So please take a deep breath, I'm a single parent too and am sure they use it as a tactic to frighten you into paying knowing that you won't want to be away from your kids. Sadly it must work, but its total bunkum and you won't be arrested. Even if they were to take it back to court, it would be the council and the judges say so to get a warrant for arrest and as you've been paying (albeit it with a little glitch) you would only be arrested on the say so of the court for complete refusal to pay. Am sure someone will post soon with either the relevant template or the links to the templates, but you need to get the council to take the debt back and pay them instead of the bailiff. You need to also let the council know that the bailiffs are threatening you and as a single parent you'd potentially be deemed vunerable (bailiffs don't see it that way mind). Write in your letter to the council your payment plan, don't say £20 if you can only afford £10 as if you default on the council they'll send it back to the bailiffs again. Get the letter written and send a copy to the bailiffs, send them recorded so you've proof you sent them. DO NOT LET THE BAILIFF IN THE HOUSE, keep doors and windows locked (its a pain with kids as I well know but needs must). If you feel you need to talk to the bailiff do it from behind the locked door or an upstairs window (I've chosen not to talk to them at all as the scare the heck out of me and I don't want to put myself in a situation I'll say something I regret so its all in writing). IF you have a car get it parked elsewhere temporarily it savese on the bailiff turning up and levying on it. Deep breaths, you've got the weekend to sort out your letters and you'll get there. There are lots of us on here in similar situations so have a read of the other posts and you'll find you're by no means alone. Hope this offers some solace xx
  11. Sure she'll help you soon, I didn't find her site until after I started writing letters but having joined I know theres some really useful nuggets on there to be used.
  12. SAR has arrived, fom the looks of it the bailiffs have taken the £10 for debt and not for the SAR :/ anyways below typed in is that relevant to me from 1.9.09 theres 7 pages of which only two relate to contact with myself. Should add I've included all there wonderful spelling mistakes. another post in a second as I've got another screenshot ------------------------------- merged ------------------------------- Ok so thats the basics of what relates to me, a few issues I pick fault with writing and stating I'm a single parent with two kids surely means that I'm on my own ?? how on earth do I prove that one to them? Certainly not giving them access to my WFTC details. Bailiff says she spoke to me on 3rd when it wasn't it was the 1st grrrrr She claims the two cars were on the driveway when she called but the one I use (not landlords) was not as I go to work before then still. Theres still the waiting fee (although they've not added any more for the dubious "clamping day incident" If I go back further (could really do with scanning this in when I get a moment I guess) to the date of the levy of £56.00 all it states is there was a visit and the levy is put under the date of Dec 20th. No comments as far as I can see as to it being a walking possession or indeed what it relates to so I've not got a scooby on that There is a letter that came with them that does not give me the certificate number of the bailiff I've had issues with (from the above she looks like she's been removed and they've allocated a man) but I need that number for the form 4 There have been 5 not including the latest one noted above, of which one is "no longer with this company" wonder why. Still no word from the council, and no further response from the mp.
  13. Her original post was in the wrong sention so she started a new oneo in this one http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/210468-can-bailiff-take-my.html Well done
  14. Good news slim, I hope to keep on and be posting good news myself in the future. Well done
  15. sucks yes in the same situation myself so am being held totally cupable for a liability in two names so completely appreciated where you're coming from on this. I'm perhaps a step ahead of you in this struggle so explaining what I've done so far. The bailiffs claimed to have clamped my landlords car (and am waiting for proof they're charging me £60 an hour for the priveledge of them waiting), I've verbally stated the vehicle isn't mine in letters, however you will need to provide some proof that it is not her vehicle or they will continue threatening that action as they see fit, Rossendales have with me. Your partner is the easy target in all of this, like me she has a known address to the bailiff, thats why they will continue to persue her. You still need to obtain the details they hold and I'd recommend requesting a SAR or a screenshot of the account they hold. Have you written to the council ? Your partner needs to write to them explaining the action to date of the bailiffs (with paper evidence ie letters etc), and request they take the claim back so she can make good the payments to them. Its a huge uphill struggle and bailiffs are if nothing else like banging your head against a brick wall. It sadly takes time, immediately you need to get the car situation resolved, but at the same time enter talks with the council asking what actions they are doing to chase the ex partner. Just because he's made a verbal agreement as you said doesn't mean he is going to keep to it, infact if anything like mine (sadly not spoken to him as he's "working away" according to friends) then he'll be more than happy for her to pay this off and have the grief and lipservice of words to the effect he'll pay help little when dealing with the actual fact you two have the bailiffs at your door. Should add, since a week on monday ago the bailiffs have not returned to my address despite having "clamped" my landlords car. Or indeed if they have they haven't left a notice, nor have I since received texts or messages from the bailiff. Doesn't mean they won't be back around but as I'm dealing in writing and stating my case to all and sundry that will listen, it has temporarily halted things and I hope to hear from the council at some point to state they are taking the case back. At which point I can then reveiw what is owed to the bailiffs, of which the very least of there fees have already been paid for two visits to myself.
  16. If the vehicle not on hp is in your name and you are not liable (debt being partner and her ex) the best way forward as I've found is to get a signed affidavit/declaration signed by a solicitor or at the county court. I had to do it at the former as its nearer and cost me £5 (less than it would have cost me to get to the courts). They don't accept a log book as proof of ownership, I guess as you could have one and merely not have sent it off yet. I had to do a verbal sworn declaration at the solicitors to state the vehicle I was claiming was not nor ever had been was mine. Theres a thread on this forum somewhere which I used for the template, definately worth a search maybes? A receipt of ownership is a different matter, if you have one for your car, that and the hp/finance documents stating the the other car is owned by that company and neither yourself or your partner. Pain in the arse, but they can't deny it if you've made a legally binding document. I've not heard back from the bailiffs in my instance yet but I've made it a pretty sticky situation for them as I've written proof from the delightful lady bailiff that she will and can take it (daft really as I've now legal proof she can't ). I'd recommend getting a detailed breakdown of the account so you can actually see what has been paid I'm quite sure the bailiffs aren't going to be forth coming in stating what is owing now, despite it being paid by two parties. I'd also want to know if it were me, why your partner is the only one being chased with vehicle levy's etc if she's jointly liable with her ex partner (anther thing I'm fighting at the moment). From my experience I've decided not to verbally have contact with the bailiff at all, they only surmise in trying to trip me up and verbally threaten me of which I'd have to record all phone calls to prove my part in them (I'd not talk without it being recorded knowing what I do now). I've kept everything in writing and sent everything recorded so it has to be signed for. Make sure you get copies of everything and that your partner forwards these onto the council as well.
  17. Surely if you've been in contact with a bailiff that prooves at some point you've received at least one demand and thus at least one of those is a mute point. If you've made contact with either the council or the bailiff you're then putting yourself open to alsorts if you then say oh but I didn't have a letter (when you obviously did or why were you contacting them in reference to it). Grief it maybes, but if whatever reason it was taken further, you'd be hard pushed denying it as they will have noted you contacted them in respect to it. not to mention look rather daft.
  18. The only bailiffs as far as I can see from any information including on direct gov, that have access to enter at this point in time (as the current review to give all bailiffs the authority has been postponed for review in 2012) is those collecting for the Inland Revenue. The rest must gain peaceful entry to a persons home via being invited or an unlocked door or window. Hence everyone on here and elsewhere on the web advise keeping your house secure whether your out or at home. Once they've had peaceful entry its slightly different, and from the posts (theres one I think now on the next page from this) where they have done a walking possession means they have to state there intentions of visiting to remove and the day. That said it sounds like its in relation to a walking possession rather than levying on a vehicle so possibly it is a completely different context as of course a car is far easy to access as I know and if they are to tell you they are returning on xyz date I never received anything other than a 48 hour notice of which they turned up well after that had passed. So I am assuming they don't have to tell you as the first I heard of the car being clamped (though I'm not convinced my landlords car was now) was a phone message left whilst I was at work stating they were sat at my house at lunchtime and it would cost me £60 an hour for the priveledge, hopefully the declaration that should arrive with them very soon will stop all that for me, sadly not that easy for you. I've no idea about the fine side of things other than what can be gleaned above as its written everywhere including as said government websites. I'm sure someone far knowledgeable than me will come along and give better support. Only replied to say you not alone and have waffled on an awful lot. Anyway from another working single mom, hang in there
  19. why letters? cos even after a year I'm guessing they could turn up and you've proof of your actions especially if someone did as you've done. I've learnt its wise to have a record of everything. Whatever the action of the OP and he's had plenty of suggestions, above all I'd recommend having the paperwork to prove his actions.
  20. not heard of Ross and Roberts but they have it online as well.Ross and Roberts Ltd - Code of Practice I note the ones that regulary come under the spot light for problems on this forum and others (rossendales/equita) do not have this code on their websites hmmm
  21. Posted on another thread but relevant to this one too. This is for one company of what they expect of their bailiffs rather than the debtor or client. Personally found it interesting that they can judge from asthetics if someone is "vunerable" in situations such as single parent like me. Obviously its not a broad spectrum but I guess all work on a similar wavelength. http://www.dkbcollections.co.uk/policies/bailiff-code-of-practice.pdf
  22. I guess this would be the standard but obviously its DKB so really only applicable to them. Interesting reading though not as yet found similar for other companies http://www.dkbcollections.co.uk/policies/bailiff-code-of-practice.pdf
  23. nope I paid Rossendales £50 online as a gesture of goodwill and to show I was willing to pay my debt at £50 a month, I've got my MP fighting my corner and asking the head of revenues to take this back. I've explained to them that if they don't I'll never pay there debt off as they keep added unjust charges and the £50 I pay will never even get to the council. I know slightly different but the principal is the same. Anyways Rossendales have taken no further payment from me as I've not given them the details its been done by an external means of online payment. You should of course write to Rossendales and state you've paid the council, give proof of that (receipt) and state you've paid their fees (get a screen print from your pc or at the very least note the receipt reference number). If they attempt to take any monies from your account after that its fraud, because you've stated the amount to be taken no more no less
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