Urgent , problems with Rossendales Bailiffs and Elderly Parents, debt not theirs !!!

[UnitedFront]

Hi all I was wondering whether there was a suitable template letter kicking about anywhere for the following:

 

My mother keeps getting calls from Rossendales regarding outstanding coucil tax that is my brothers from a different address. He does not live at her address and has not for some time - although it has been used as a postal address.

 

Despite being told numerous times that it is purely a postal contact address, they sent a Bailliff before xmas - that my Dad sent away.

 

My mother sent a letter, telling that the address is not my brothers and that he does not reside there and including the section about the Doorstep Callers and the common law etc.

 

But they keep phoning! Is there a letter anywhere outlining the fact that the telephone, just the like address, does not belong to him and so they must stop calling.

 

I have just spoken to one "person" who called my mother, who was very rude and aggressive and told me (having said they did not recieve my mothers letter) that if they were doing anything wrong they would have been shut down after my mother last complained to the OFT. (the best thing is that she said this in the letter he said they had not recieved!!)

 

Hope someone can help.

[UnitedFront]

Don't worry, I have found a great one that I am editing slightly now!!

[UnitedFront]

I have slightly altered a suitable letter that I found in another thread on the forum!

 

I have got this for her to send:

 

TO BE DEALT WITH AS A FORMAL COMPLAINT

 

Dear Sir/Madam,

 

With reference to the above named account which is owing by my son who does not reside at my address, and your continued attempts to contact him by telephone on a landline number owned by myself and my husband for our personal use.

 

I point out to you, once again, that the matter that this relates to is only concerned with my adult son, who only has permission to use this address as a care of and postal contact address and does not have our permission to make or receive calls on our telephone.

 

I am in the view that your continued telephone calls put you in breach of the Protection of Harassment Act 1997.

 

This is a private telephone line, operated on a contract with the intention of receiving and making personal phone calls, I have not authorised any other member of my family to receive calls from your organisation using this PRIVATE TELEPHONE LINE.

 

By using this telephone number without my permission you are interfering with my ability to use my own private property for the duration of any call.

 

It is my right to require that this telephone line, which is licensed solely to myself, is kept clear for my own personal calls.

 

It is consequently my view that you are committing the tort of interference with contract insofar as for the duration of each call you make to me without my permission, you are interfering with my contractual right to receive and make personal calls on my private telephone line.

 

Continued interference with my contractual rights in this manner may result in legal action.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to the Office of Communications, Trading Standards and the Office of Fair Trading, meaning that you may be liable for a substantial fine.

 

I therefore require you to REMOVE MY PERSONAL TELEPHONE NUMBER FROM ALL OF YOUR RECORDS WITH IMMEDIATE EFFECT.

BE ADVISED THAT ANY FURTHER CALLS YOU MAKE TO MY TELEPHONE NUMBER WILL BE RECORDED AND MAY BE PRODUCED AS EVIDENCE IN ANY UPCOMING COURT CASE.

 

In my last letter to you dated 27th November 2008, a copy of which is enclosed for your ease of reference, I requested a copy of your formal complaints procedure which I note that you have failed to supply to me despite your legal obligation to do so. This letter is not to be treated as an official complaint and I now require you to furnish me with a copy of your complaints procedure within the next 7 days. Failing this you will be reported to the OFT and Trading Standards.

 

Yours faithfully

 

Do people think this will do the job??

Edited January 14, 2009 by UnitedFront

[ohoh4312]

I am useless on most fronts but, I would just like to point out although your heading states "To be treated as a formal complaint," in the final paragraph you state " This letter is not to be treated as an official complaint...."

 

Don't get me wrong - not nitpicking in the slightest - just a heads up on contradictory terms.

 

Apart from that I think it is absolutely spot-on, and should be sent recorded delivery at worst, special delivery at best, and you should retain a copy of the proof of posting and the signed receipt. Should they then decide to insult your/your mums intelligence by claiming they never received it, that gives you even more ammo in the submission to TS etc.

 

Hope this is sorted soon, and best regards.

 

Jo xx

[UnitedFront]

haha thanks for that - I had missed that one!!

 

I will get that one sent off recorded first thing tomorrow then!!!

 

Cheers.

UF

[hillards]

Are Rossendale still going? Not heard from them in a long time myself. Very pig-headed and arrogant, full of their own self importance.

 

The problem with the OFT is that it's lost it's teeth, and they can't gum these cowboys out of business. Complaints made about most DCA's seem to be handled like used toilet paper...

 

I would have made more of the matter being a full-blown complaint, despite them not providing a copy of their procedures. Make sure they ARE reported, contact your local Trading Standards office and lodge a complaint. You may have to go through Consumer Direct as a lot of TS offices don't speak to the public any more.

 

Never mind if they call again. They have been told previously and they wouldn't give you a second chance.

 

As for sending a bailiff round - on what grounds? They need proof that the person they want actually lives at the address they visited, and it seems they were well out on that score. I'd have complained to the court - I take it, as this is council tax, they had a court order covering the visit? They do have some certificated bailiffs on their books, but they should know the rules as well!

[UnitedFront]

They do have a court order from the Mags court, but that was given whilst my brother still lived at the address that the Council Tax relates to. He has since had to leave there and is now of no fixed address.

[UnitedFront]

Hi everyone! This situation has got even worse!! We sent off the letter I drafted above and my mother only received one more phone call and then nothing.......... untill today!!

 

Then had a BAILIFF come to the door asking for my brother, saying that they were here to remove goods!! My father AGAIN told them that he does not live there and that he has not lived there for some time - all of which they have been told both verbally and in writing a number of times!!

 

My father told the Bailiff that my brother does not live here and that he does not know when we will hear from him again (all of which is true) and so he was not willing to take anything and that he was throughly fed up with these people harrassing them!!

 

What on earth can we do to make these horrible excuses for people leave my elderly and ill parents in peace?? What is most worrying is the part where they say "I will re-attend your address at my convenience and may REMOVE goods even in your absence." How can this be the case?? They have NEVER been inside the house.... so how can they basically threaten to break in???

 

Both of my parents are ill and could really do without this stress!! Please help!!

 

[IdaInFife]

did they hand the above letter, open like that to your parents?

 

Ida x

 

you may be better mving this to the balliff forum as there are lots of peeps in there will know the right action to take

Edited March 20, 2009 by IdaInFife
add on

[UnitedFront]

Hi, no I think the letter was sealed, but there was absolutely no return address or anything on the envelope - and because they are threatening to take my parents stuff we simply had to open it!!

 

How would I go about having the thread moved and the title changed slightly??

 

Thanks again.

UF

[IdaInFife]

i'll pm a mod for you

 

ida x

[UnitedFront]

Thanks ever so much!!

[maroondevo52]

Hi, UnitedFront.

 

What would you like the title changed to ?

 

Regards.

 

Scott.

[UnitedFront]

Thanks for the quick response!

 

Perhaps a change to something like; "Urgent problems with Rossendales Bailiff and Elderly parents - debt not theirs!"

 

^^ Or something along those lines?? I shall leave it up to your better judgement though.

 

Thanks once again for your help.

UF

[maroondevo52]

Thread moved and title changed

 

Thanks for the 'heads up' ida

 

Regards.

 

Scott.

[ohoh4312]

I think you need chris' help here, but in his absence I would suggest that a formal complaint to both the OFT and TS needs to be actioned immediately.

 

It may also help your parents to draw up a Statutory Declaration, a legal document which basically says that all goods on the premises belong to them, not the debtor, and therefore the bailiffs have no jurisdiction over any goods contained within the boundaries of the property. I will post up the template in a mo, which can be witnessed at a local court or a solicitor for a fee of £5.

 

I personally would complain to the issuing court and my local MP also, and think about involving the media?

 

Back in a mo with the Stat Dec.

[UnitedFront]

Wow, thanks so much for your reply!!

[ohoh4312]

STATUTORY DECLARATION

 

 

 

 

To: (the bailiffs) (their address)

 

 

 

 

 

I/We (your name)

 

 

 

of (your address)

 

 

Do solemnly and sincerely declare that:

 

 

 

the items listed (list them) or all items contained within the boundary of the above property

are not the property of (your friends name) and (reason why they were there) eg the address is solely used a postal oneand have always been my sole property

 

 

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835 and Section 5 of The Perjury Act 1911.

 

 

 

Signature:

 

 

 

 

Declared at

 

 

 

On the day of two thousand and

 

 

 

Before me

 

 

 

 

A Commissioner for Oaths, or Notary Public/Justice of the Peace/Solicitor having the powers conferred on a Commissioner for Oaths

[UnitedFront]

STATUTORY DECLARATION

 

To: Rossendales Ltd

Hardman Mill, New Hall Hey Road, Rawtenstall, Rossendale, Lancashire, BB4 6HH

 

 

I XXXXXXXXXX

 

of XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

Do solemnly and sincerely declare that:

 

 

The above named address and all items, belongings and property contained therein are solely and entirely owned by myself and my husband, XXXXXXXXXXX of the same address.

All items, property and belongings contained within the address are not the property of XXXXXXXXXXXX and have always been the sole property of either myself and/or my husband.

 

 

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835 and Section 5 of The Perjury Act 1911.

 

 

Signature:

 

 

Declared at

 

 

On the day of two thousand and

 

 

Before me

 

 

A Commissioner for Oaths, or Notary Public/Justice of the Peace/Solicitor having the powers conferred on a Commissioner for Oaths

 

 

 

 

 

Ok, thanks so much for your help with this ohoh!! I've had a quick look and was thinking of wording simmilar to that above........ any help/advice/feedback would be greatfully appreciated!!

 

Also, where exactly would my parenst swear this item? I did phone my local county court and mags court a couple of months ago on behalf of my parents and the very unhelpful lady on the end of the phone just said that they "don't do things like that"........??

 

Many thanks, once again!!

 

UF

[ohoh4312]

Sorry, had to collect no 2 son from a party, hence the delay:

 

A JP or similar at the local court will do this, no matter what the receptionist says;), or any local solicitor for a small fee - I believe it is £5. I would suggest you get it printed out as above and make it a priority to get it witnessed on Monday if at all possible (or tomorrow if the solicitors are open!)

 

And it is vital that you make an official complaint as suggested previously.

 

Glad to help - just hope I have given you the right guidance.

 

Good luck and best regards to you and your parents - I sincerely hope for their sake that this is resolved in the right way very soon.

 

xx

[ErikaPNP]

This is absolutely disgusting. I hope your parents are ok. I think I'd be having my solicitor issuing a threat-o-gram to them myself.

[worried parent]

Yes this is disgusting and I feel that the Police should be informed as to what is going on as well before this bailiff returns again.