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    • Thank you to you all, you guys are amazing!! Yes of course i will be making a donation, i am very grateful to you all. Keep up the good work
    • I'm not quite out of the woods yet. The email they sent me also said that I have £290 of arrears and it has been passed onto their collections department. If anything my account should be £10 in credit.  They haven't taken into account the trainers that were returned back in October. The other items have been credited to my account so it looks like I've still got work to do.  They are not very quick to reply to emails, although I've only sent one trying to find more information, and I have no idea what happens next. Half of me want's to get it sorted properly the other half just wants it over with, if that means a default then so be it. 
    • No. It's a public (council maintained) road with some houses in it.   Some other houses back onto it too and those owners have right of way down the road to access the back of their properties.  Theres a few garages with private osp - so one drives out the garage, over the osp, and onto the public side road and then out on to the public main road.  Irrespective of whether the garages are used - the local businesses parking their cars on the private osp are ostensibly preventing cars from accessing the public roads.
    • is the side street solely for access to your garages? who owns the land and thus the road? dx  
    • A local business has been parking on an off-street parking space in front of my garages (in a side street).  I wasn't using them for a while so didnt bother to do anything.  But now a second local business is also using the osp - taking it in turns with the 1st biz.  This has started to nark me.    The employees choose to drive to work.  There is no private parking in their business's street.  But there are some underground secure garages in their street - which cost apx £2.4k/y to rent - which works out apx £6.60/d. (I believe one of the biz owners already rent one for storage purposes).  If the employee had to park on a meter it would cost them £6.60/h - £66 for 10h and have to move every 4h.  They just don't want to pay for parking. I haven't confronted either of them.  Instead I just put 2 clear "no parking" signs in front of the garages. And a note on one of the cars specifically saying that as they don't live or rent in the street and it's private land could they stop parking.   They ignored that.  And just put notes on their dash with a # to call if one needs the car moved.  There is a sign and they've been told in writing to stop parking. And they are just ignoring it.    I don't what a confrontation.    I don't want to go to the expense of bollards (other than maybe traffic plastic ones - but they'll probs just move them).  Council won't do zilch cos it's private land. And police won't get involved - unless I clamp/ tow the cars and then they'd be after me, not the drivers!    What's the best thing to do?
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Thanks Chris - yes I do have copies, all of the payments have been done through my online banking, I set them up for regular payments which means you can filter it to show the payments for a specific payee showing the amount and the date that the payment was sent. I also specified on the account reference number the year that the payment relates to.

 

Has anyone ever had the charges reduced by the baliffs??

 

I am sending them another letter today by recorded delivery, enclosing a copy of the original letter and asking them for a breakdown of their charges and stating that if there are any unlawful charges I will be taking further action.

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Hi Karen,

 

I too have had charges taken off, Rossendales really try it on, I had letter from them claiming they had visited and put it through door, however sadly for them they had posted it and I was able to prove it because the envelope and letter had the same mispellings of my name!!!! tehe.

 

Council took a very dim view on that.

 

You will need to be persistant and show them you know your rights.

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That does mean though that you have sent copies of everything to everyone.

 

I do recommend you send emails to the bailiff, council tax dept and the head of the council tax dept - with hard copies to the bailiff and council tax dept.

 

This is because emails and letters take time to deal with - just reading them takes time and if they are written in a sensible way they take longer to read. Silly letters threatening god knows what are ignored and may even be counterproductive - these are special people and they have to be handled in a special way. Politely, pointing out how wrong they are without being openly offensive is difficult, but it's worth the effort.

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That does mean though that you have sent copies of everything to everyone.

 

I do recommend you send emails to the bailiff, council tax dept and the head of the council tax dept - with hard copies to the bailiff and council tax dept.

 

This is because emails and letters take time to deal with - just reading them takes time and if they are written in a sensible way they take longer to read. Silly letters threatening god knows what are ignored and may even be counterproductive - these are special people and they have to be handled in a special way. Politely, pointing out how wrong they are without being openly offensive is difficult, but it's worth the effort.

 

 

 

Exellent advice.

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Just an update, nothing received yet in response to my letters to the council or to the baliffs, however I did find whilst routing in the house the original court summons stating the amount outstanding and the summons costs - I now calculate that they have charged me £292.50 extra which is even worse!!

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Hi Chris, the 2nd letter sent to the baliffs is as follows

 

Re: Your Reference ********

Client reference *************

Please understand that I am fully aware of my rights and you will not

gain peaceful entry to my home under any circumstances to levy goods.

I know the fees allowed under statute and when these fees can be applied.

 

Dear Sir/Madam,

 

Further to my letter of 20th November 2008 (a copy of which is enclosed) to which I have had no response, I have received a demand for you that appears to add nearly £272.50 to my original outstanding council tax bill. This is considerably more than you are entitled to charge.

 

Demanding fees for work that you have not done - is an offence under Section 2(1)(b)(i) and Section 4(1)©(i) of the Fraud Act 2006, and grounds for a complaint to the County Court under the Distress for Rent Rules 1988 or Form 4 complaint.

 

This account is in dispute, the amount you are demanding is incorrect as I have been making payments direct to ********* Council since September 2008 and I expect NO FURTHER ACTION to be taken.

I will pay any fees owing to you, but will only do this when I have received and had time to have checked a full breakdown of charges, including what the fee consists of (showing appropriate receipts if applicable), when they visited, the vehicle used, the name of the certified bailiff and the court at which he was certified, otherwise I am entitled to refuse to pay the fees.

 

If I do not receive the information that I have asked for by return of post, I will make a complaint to ************ Council and a regulation 46 complaint to the Magistrates Court which issued the liability order.

 

I am sending a copy of this letter to *********** Council

 

Yours faithfully,

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