Rossendales - Advice

[jokerdisco]

Hi all,

 

Arrived home today and there was a message on the home phone (ex-directory) from this shower with an urgent message for Mr ~ ****** to call their number (no account number left).

 

Any advice on what i should day on the phone (or if i should phone at all)

 

Cheers in advance

 

JD

[andie_303]

don't phone unless you can record - even then I wouldn't bother!

[BankFodder]

Absolutely correct. Don't phone them and anyway you should record your calls as a a matter of routine

[jokerdisco]

I have emailed them today saying the following:

 

Dear Sirs,

 

 

I have today returned home, and on checking my voicemail I have a message from someone at your company, asking me to contact you but they have not given any reference number or indication of what this in relation to.

 

I have, before emailing, researched your company, and I can only assume that this in relation to an old council tax account. If this is the case, I have already set a direct debit up with my new local authority for the current years liability, and have enquired how to pay the arrears as my previous local authority no longer exists.I already had an existing arrangement in place with the previous local authority for this debt, which is being paid at £140 per month via the old card. On paperwork from my new local authority, they state that all old council tax cards are no longer vaild. I have email to enquire how i pay the arrears. I am awaiting a response from the new local authority.

 

Please note that, on advice from my solicitor and from other sources i have been advised of what rights your company has, and also what rights I have. The information from the Governments own website states that:

 

What bailiffs can and can't do

 

If bailiffs come to your home, you don't have to let them in.

 

They can't force their way in on their visit, but they can enter through an open window, or an unlocked door. Forced entry includes pushing past you once you have opened the door to them or leaving their foot in the door to prevent you closing it. Such action would make the whole process illegal.

 

Bailiffs trying to recover money you owe to HMRC are allowed to break into your home, providing they have a magistrates' warrant.

 

Bailiffs recovering unpaid magistrates' court fines, however, do have the power to force entry.

 

 

As you are not claiming money from HMRC or court fines please note that I will not be allowing entry and or discussing this on the doorstep. Please also note that my wife suffers from bi-polar disorder, and any form of stress placed on her will be seen as harassment and I will not hesitate to pursue this to the full extent of the law.

 

 

The telephone number you called was ***** *** ***.

 

Please do not call this number again as this is a private telephone for personal use only. Unwanted calls will not be answered. Please only communicate in writing.

 

Regards

 

 

JD

 

Hope this is ok, not too cheeky etc. Im not fussed if the try and take the car... its not mine, its a lease car from work

[diddydicky]

really? and when did bailiffs gain the power to force entry on a magistrates warrant?

[jokerdisco]

thats what it says on direct.gov.uk website. its all new to me, but glad iv got all the knowledge on this forum...

[diddydicky]

i could be wrong but i am not of the opinion that an unpaid fine warrant carries a power to enter by force (unless first entering by peaceful menas)

[jokerdisco]

that doesnt apply to me anyway as this is council tax

[tomtubby]

i could be wrong but i am not of the opinion that an unpaid fine warrant carries a power to enter by force (unless first entering by peaceful menas)

 

Sorry to be the bearer of bad news...but when enforcing an unpaid Magistrates Court FINE....the bailiff can indeed use the power of FORCED ENTRY.

 

These FINES are of a criminal nature and the right of FORCED ENTRY is available but our office are assured that this power has been used only a handful of times !!!