Elliot2011
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Everything posted by Elliot2011
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Thank you seanamarts I will try this, feel like this will fall on deaf ears at the council but the MPs might take some notice. Dont get me wrong Im not after anything but acknowledgement that the way they acted was inappropriate - I am certain that there are people out there in much worse situations than myself getting treated even worse, and the councils should take action to prevent this.
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Sorry its been a while since I posted here, I have been busy sorting out my debt and meeting university deadlines. Ok so from my last post I issued a formal complaint against rossendales asking them to prove the levi had taken place and also to prove the date that they levied on as every time I have spoken to them via email or letter the date seems to change. I eventually got a reply and the first words from Rossendales went something along the lines of "We take vexatious complaints seriously and will not hesitate to proceed with court action." Funny I thought as they are without a doubt the ones being vexatious but oh well. The rest of the report went on to give me only the made up notice of seizure letter I have only ever received by email. Again showing a different date of levi from what they then list latter on in the report. No pictures of the bike they claim to have taken, the only description they provide is that it is silver (no name or anything else). They then say this is sufficient evidence and I should pay immediately, totally ignoring the fact that I asked, if a levi should only be carried out if the total sum of debt was covered in the levi, why they were still pursuing me unless of course the levi was fraudulent. I also issued this formal complaint to the council involved, and good old forest heath district council totally ignored both my emails and two letters issuing this complaint. When I phoned them they claimed it was "stupid" I could not afford to pay £200 - regardless of if I was homeless, jobless and not in receipt of benefits - after this being said the person just hung up on me. Im kind of stuck here as I believe I need to make an official complaint to the council before I can take it further, but if they do not acknowledge my complaint how do I proceed? I have (with my student loan) paid the council their money (which left me struggling to feed myself) - but Id still like to continue my complaint of the way they treated me - someone who according to appropriate guidelines was and still is vulnerable. I think it is disgusting the way the council acted, especially as I made all possible steps to try and make an agreement with them taking into consideration my situation. As for Rossendales I have heard nothing what so ever from them since paying the council, I guess I take that as a good sign. But would you recommend continuing to demand proof of levi, or is this just poking the hornets nest so to speak? I certainly feel much better now that my priority debts are taken care of, and I would not be at this stage if it was not for this forum and the lovely posters who have offered advice and support. Thank you very very much. Elliot
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Ah ok thanks PT
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Sorry for the delayed response I have been writing my formal complaint to the council about its staff and their third party employees (Rossendales). PT - "have they listed what type or better description" - no description what so ever or estimated value. Just Silver mountain bike written on the form I have only had an email copy of, I though that bailiffs were required to leave a copy at the address if they seized goods? I have also written a formal complaint to the bailiff requesting proof of levi and goods seized and have informed them that if I do not receive the proof I will report them to ESA, and demanded that if they fail to provide proof they should remove the fees on my account related to this levi. I have also written to the local police station in regards to anybody reporting a silver mountain bike being stolen around the time of the claimed levi, so that I can inform them that Rossendales claim to have levied upon a bike that does not belong to me. Thank you for the template letter, I will await a reply from both rossendales and the council and post back here for more advice if required. Elliot
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Ok, thanks for the advice
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The National Standards Of Enforcement Agents website states "Enforcement agents should take all reasonable steps to satisfy themselves that the value of the goods impounded in satisfaction of the judgement is proportional to the value of the debt and charges owed" So am I correct in thinking that this means that they can not levy on any goods unless it covers the fee owed? If this is the case, should I just agree with Rossendales that as they have sent me an email with a fraudulent notice of seizure form claiming they have seized goods, ie the imaginary mountain bike - that they satisfied themselves the bike covers the debt - and request they close my account immediately? Doubt it would work but might make them admit that they faked the form?
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Impecunious - thanks for the advise I will talk to my university straight away, thank you!
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Thanks for the quick reply!
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Ok so I have gotten a reply from Rossendales - they claim to have left a notice of seizure at my fathers address (which they havn't) and claim to have seized a silver mountain bike. I have asked my father and neither he or my brother have ever owned a silver mountain bike so this claim is fraudulent. How do I complain to rossendales properly about this act of fraud? I also know for certain that no person has entered my fathers property as he has a guard dog, which would not let any stranger onto his property, not even I can bring friends to his home if my father is not home so the bailiffs would not have got in without being bitten, and Im sure they would have told me if they were attacked by the dog. They also claim that they left me a form some time ago to arrange a payment scheme - which I am certain they did not, and now refuse to supply me with one. Further more they say they will not deal with me in writing any more as it is with one of their bailiffs - even though I have informed them I have no access to a telephone (I have less than £5 to live off for two weeks so buying credit is not an option, plus I would like a written record incase I need it later on) Any advise on what to put into my next letter to them?
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Thanks PT - time is all I need really. Two weeks to be precise as in two weeks time Il be able to just afford to pay the council directly - then the situation will be a little bit less stressful for me. I may be able to get my brother to ask my fathers neighbour if she saw what time the bailiff visit. Thanks for the heads up on the post about the car thing, Il give that a read now
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Thank you PT Im now awaiting their reply. If it does turn out that they claim to have levied a car ( I doubt this as on the day my brother saw the bailiff arrive in a car, and after refusing to let them enter they drove off), as its not mine and has nothing to do with me would I still be liable for the fee? Oh and my brother has pointed out the time they have given is totally wrong for the 16th of March visit - which is the visit they claim to have levied on.
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Sorry edited the post. I have requested another draft of certificate of proof of status from my University. I was just wondering how it would be best to reply until I get the certificate of status from my university? Namely I want to challenge the Van charge and levy fee as these should not have been charged to me (as is my understanding after advice from this board and debtline) Thanks for your help. Elliot
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Finally got a reply from Rossendales. It was as follows Dear Mr xxxxx Thank you for your email. Please find below the information requested. Bailiff visit 20th September 2010 at 11.57 am by XXXXX, visit fee £24.50 Bailiff visit 27 September 2010 at 1.35pm by XXXX, visit fee £18.00 Bailiff visit 16 March 2011 at 07.50 am by XXXXX, attendance fee £110.00 and levy fee £31.00. XXXXXX was certificated at Burnley Combined Court on 5th May 2009. XXXXXXXX was certificated at Burnley Combined Court on 4th September 2009. All of our fees are charged in accordance with the Council Tax Administration and Enforcement regulations and are clearly outlined on the instruction sheet that was left with the request for instalments form by the first call bailiff. We can therefore confirm that all fees on your account have been applied lawfully. On checking your case details, we have only received on previous piece of correspondence from you that was received by post, the letter was not dated by yourself, however was received on 25th October 2010 and responded to on 27th October 2010. As you stated you were a student, we request proof of this and held further recovery action for a period of 14 days to allow you to provide this. As this was not received, no contact from yourself was received or no payment received, your case was referred to our Enforcement Bailiff for recovery who you will need to contact on 07725 247387 to discuss the matter further. Yours sincerely xxxxxxx Correspondence and Welfare Officer Rossendales Ltd Wavell House Holcombe Road Helmshore Rossendale BB4 4NB I did send send them letters - and the university are drawing up duplicates to resend to Rossendales. No levy has been made as mentioned in my previous posts - no van has ever visited - no bailiff has entered any property that I stay in. How do you propose I approach my next letter?
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Thanks for the reply Rae. I will be sending letters to my Local MPs ect today - then I guess I just wait and see what happens. After my last letters to both the council and Rossendales its been very quite (the council have always been quick to tell me that they are not interested in my problems and to speak to Rossendales) After pointing out that they are responsible for their third party employees - and their negative effect on my fathers health (he suffered a stroke last year and the bailiffs calling at his home is causing him stress especially as I don't live there or own anything there) they seem to be taking some time to reply, maybe Im finally getting through to them. Wishing you well health. Elliot
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ok, I will do this now. Thank you.
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I have been sending all communications by letter and email. The only reason I phone is because Rossendales just ignore my letters and emails. (The email address was provided by the council and is the form of communication they recommended) I will give them until the end of the 14 day period I gave them to give me a run down of their charges as I can then dispute the charges they have added. If I still get no response then I will complain to the MP' and other appropriate authorities.
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Thank you for your reply Rae. Who would you suggest I ask to look at my position of venerability? Iv tried the council I owe the money to, but they are not interested in dealing with me what so ever. They are rude and unhelpful and just palm me off to Rossendales. Rossendales in turn lie about receiving letters and emails, refuse to discuss my case properly over the phone and misrepresent their powers (even lying to the council about levying goods that they haven't and claiming to turn up in a van, which incurred extra debt on my bill, which they certainly didn't) I just feel like i'm going round in circles - incurring more debt in the process.
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Thank you very much brassnecked - this situation would seem a considerable amount worse if I had not got the advice from the people on this forum, who are kind enough to use their spare time to help others. It is very much appreciated
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Thank you for your reply - if I were to write to the councillor /mp it should be in the district from which the debt is am I correct? As I am currently not staying in the same county.
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Im not even in receipt of benefits due to the fact that im in full time education - the only income I have at all is my student loan, which is a struggle to live on. The one item I have that is worth money is my laptop (which was a gift from my father) and it is an essential tool in my studies.
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Thank you PT I will post when I hear back from Rossendales
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Ok thank you PT - I will post when I hear back from Rossendales
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Thanks PT - do you know if Im liable to pay the fees of A van bailiff - £110 levy Fee - £31.00 (no Levy was made and they have not entered any property of mine) Also do you know how to delete posts? I accidentally posted a second comment today when it was meant to be put into the first post of mine today
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Ok, i need a bit more advice. I sent that letter outlined above to Rossendales with no response and I am about to email it to them with the email address supplied by the council. Rossendales still have not given me a list of the fees I have incured, but the council claim that the fees I have incured are as follows, First visit - £24.00 Second visit - £18.50 A van bailiff - £110 Levy Fee - £31.00 I dont dispute the first two fees - but I made no agreement for a Bailiff to visit any address (as I do not have one) and further more they have not entered any property or made any levy what so ever (I own nothing to Levy and have no address to Levy from) So am I legally obliged to pay the Levy and Van fee? This situation is really starting to get me down and is having a negative effect on my university studies. I have tried hard to come to a fair agreement with both the council and Rossendales and it feels like neither of them are willing to help me in any way what so ever Im sorry if it has been covered in previous posts I just want to make sure im 100% correct before I complain to the council again and I want to make sure that I approach this in a professional manor
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