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    • Just a typo change that I'd make for the last line. Maybe also add something that says "I assume you will be fully aware that you cannot rely on a clause of a contract that you do not produce."
    • Hello, Firstly, and most importantly I am sorry for your loss. I would go back to the bank with the death certificate and ask them to step in. Remind them firmly but politely that there is no limit for DD claims   Please let us know how you get on.
    • My wife is the named person to his bank account with him having Dementia being his daughter (I say named person she still is but he recently passed away and the deputyship application has now being stopped by the solicitor as it's no longer needed) We've only just got the Death Certificate so the bank will be the next step informing them. She went to the bank and explained the situation but even being his named person the bank said she didn't have the power to stop DD without any legal documents (virgin money) was the bank. She could have copies of bank statements that was about it.
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    • JK: Yeah That's correct. We left rent payment coming out of his bank account from January 2023 - August 2023 until we could find somewhere to sort out his belongings which was fine. I tried to give notice a few times from August 2023 asking for advice from Sanctuary housing how we went about this explaining his condition and that he was in a Nursing home from December 2022. I explained we don't have any legal powers to his account like POT but were in the process of going for Deputyship and that I was the named person to act on his behalf to speak with Santuary housing. I said we could provide details of his condition and proof he was now in a nursing home with date he moved in. This went ignored despite repeated attempts to contact them until a housing manager contacted us end of February 2024 and notice was finally accepted with his tenancy coming to an end March 22 2024. Although they have continued to take rental payments for the flat despite someone else living in it from the 1st April. I wasn't aware payments were still being taken till I checked his May banks statements. I had asked them to back date rental payments to August 2023 when I gave notice rather than just giving notice in March 2024 but they've ignored that bit. I don't see why they shouldn't give it back they've taken money they shouldn't have. Thanks DX, I wasn't aware we could do that for that length of time. I'll ask my wife to check with the bank this week
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Hi everyone, have spent most of the day at a friends as I am to scared to be in my own home (what a way to live).

Have emailed local councillor, no reply as yet, but on arriving home checked phone, lots of missed calls from bailiff.

Do I ring him back? HELP.

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Hi everyone, have spent most of the day at a friends as I am to scared to be in my own home (what a way to live).

Have emailed local councillor, no reply as yet, but on arriving home checked phone, lots of missed calls from bailiff.

Do I ring him back? HELP.

 

NO, do not distress yourself by ringing the bailiffs and, to give yourself peace of mind, take the phone off the hook. But PLEASE do something about that illegal £110 they are trying to charge you for one visit. They are by law only allowed to charge you £24.50 for a first visit and £18 for a second one (and nothing thereafter, unless you have signed a Walking Possession Order and granted them permission to enter your home in which case they can charge for 'a van' if they take away your goods).

 

BUT, don't worry, that last bit doesn't apply to you. You have been overcharged by a whopping £85.50 and you should make a formal complaint to the council and also explain this illegality to your councillor.

 

Don't let these crooks get away with it! In the meantime, never answer the door to them, don't answer the door to anyone you don't know, and never speak to the bailiffs or respond in any way to their provocations. Concentrate all your efforts on making your council (or local councillor) see sense.

 

good luck.

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Hi Lucy,

 

It may also be worth contacting your MP, you can find his/her info here TheyWorkForYou.com: Are your MPs and Peers working for you in the UK's Parliament?

 

If you can gather all the information together ie charges, visits, name of bailiff, etc and prove they are acting unlawfully I feel this would be enough to swing it for the council to take the arrears back in house.

 

Also some good info here National Debtline England & Wales | Debt Advice | Factsheet 02 Bailiffs And Council Tax

Capitalism is the legitimate racket

of the ruling class.

Al Capone

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Hi everyone,

After 2 days of being terrified to open my door to anyone (bailiff not been back yet) my local councillor has just rang me. She appoligised for delay but has been ill and not checked emails until tonight.

She is furious with what is happening to me and will be ringing council, rossendales and the bailiff tomorrow morning.

She said as I am a childminder, which bailiff and rossendales know, they have no right, wpo or not to enter my home, under the child protection act.

She has given me the number of the law centre and the soliciter I need to speak to.

She is going to insist this is taken back to court, the payments reduced, and put back to the council.

She is also contacting child protection to inform them of a bailiff making threats to a vunerable person where children are present.

I have given her details of both bailiffs I dealt with, and according to her both of them have broken their code of conduct and she will be reporting this to the relevant authority.

She has given me her mobile number and if they do turn up before this is resolved, I have to ring her and she will be there within minutes, with the police if necessary.

There is light at the end of the tunnel, I feel so much calmer now, and not nearly as scared as I did

I will keep you informed of what happens next.

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Thank you for all your kind thoughts and brill advice over the last few terrible days (specially bellagoth where are you).

I am sure I will sleep tonight I am exhausted.

Just need to get all paperwork sorted out to show to councillor tomorrow

Thanks again everyone.

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Lucy I am so happy for you, I've been checking here regularly and I must admit when you weren't on yesterday I was worried something bad had happened. This is fantastic news, your councillor sounds like an amazing woman.

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Thanks Bella,

Had an early night last night but still not slept well, still don,t feel safe yet till I know this is properly dealt with.

Went over all paperwork I have last night and not sure if charges I have had added are correct. Only had one visit so why 2 charges.

first visit fee £24.50

second visit fee £18.00

Levy fee £54

walking possesion £12

Bailiff letter through door £110

Can anyone advise

Many thanks

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first visit fee £24.50 (Seems Ok)

second visit fee £18.00 (Should not be applied)

Levy fee £54 (Only if they have been inside your house)

walking possesion £12 (Again only if you let them in)

Bailiff letter through door £110 ( Illegal)

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Hi Bella,

yes definately separate charge

first charges were from bailiff who did wpo

second charge( £110) was off a different bailiff who put a letter through door when I was out saying he had come to remove goods

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Hi everyone,

Good news, I am back on to payment plan and bailiff cannot attend, received letter this morning saying first payment due today (not much notice) but have made payment immediately online.

Have had such a busy morning phone has not stopped ringing.

First councillor telling me it is been dealt with, she contacted child protection, rossendales and head of local authority. She tells me heads are about to roll.

She spoke to head of council and apparently he was disgusted in what happened to me and will be calling for an immediate inquiry in to the matter.I have been told to expect a phone call from him as he would like copies of all letters I have and an account of what I have been through.

Child protection have also been a great support and are very concerned about this company not just because I am a childminder but for anyone with young children.

Simply telling bailiff I needed police clearance to allow him to enter would have stopped him.

Another point CHARGES. My councillor is not about to let this matter drop (she is on a mission) disgusted with charges and told council so, they will look into this also.

On letter I received from rossendales today:

original debt just over £900

paid £300 so far

Still owe £1005

This she says is not acceptable and will fight my corner and have all charges removed, as she beleives they entered my property under false pretences.

Anyway lots more to report back on but need to nip out.

Anyone out there stressed and feel you have no where to turn contact your local councillor now.

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Hi Lucy

 

You've kindly posted on my thread so I've just come over to read yours, it has certainly made me feel more secure that I will have this option should I need it. I hope things improve for you from now on.

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