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    • there's one in this thread.. i wonder if its the same, they seem to be identical regardless each time we have a thread with one Vehicle Control Services Privacy Notice, Brooke Retail Car Park, HA4 0LN - Private Land Parking Enforcement - Consumer Action Group  
    • It was really this daft Privacy Notice we were after, but no worries, I'm 99% sure it doesn't count as a NTD otherwise in his letter Simple Simon wouldn't have offered the discount of paying £60 instead of £100. Apologies for jumping the gun earlier. It's a pity your friend paid.  It's neither here nor there if Excel would back down or not.  They are not some statutory authority.  They're just a cowboy private company.  The only way she could have been forced to pay is if a judge had ruled against her in a court hearing, which is highly unlikely given she could have proved to have been elsewhere. I see her "offence" was in May 2023 so logically Excel and their signs were there by then.
    • Thanks for your reply. Their final response was just an email (seemed a bit unprofessional) but FOS seem to have accepted it as their final response. So the issues that I realised within the first few weeks to me at the time seemed like age related stuff and I didn't want to cause trouble and in hindsight I realise I should have pressed harder but I think my heart was being used more than my brain at this point. And yes I now believe extended warranties aren't worth the paper they're printed on, in all fairness to the dealer they did sort these initial issues out when warranty wise rejected them. To touch on your questions, the car was purchased using PCP so deposit with 4 years of monthly payment then a balloon payment at the end or return the vehicle. My pcp agreement was on the basis of 10k miles per year but I think I've currently done 12k miles since Sept 2022 lol. Elite Inspections suggested FOS as stage probably because they're free so I took their advice. When I got the car it had an MOT around 4 months beforehand I believe My MOTS after have been done by private MOT garages (I guess they tend not to comment on panel alignment etc) As for defects from day one - please note they gave 6 month warranty through warranty wise but everything was rejected through them: Passenger side ambient lighting wasn't working (whole trim panel needed to be replaced - dealer paid) Engine would randomly shut the down completely (instead of start stop function) at traffic lights and junctions (software updated in the end - dealer paid) Sat nav screen would freeze/ stay off for a whole journey (intermittent fault, still not sorted/diagnosed) Boot stopped working (new battery needed - dealer paid) The A-pillar trim between the passenger door and windscreen was coming away from the car making a very loud whistling noise as you drive on the motorway ( dealer paid to replace but has come off twice since this repair which shows me the car has potentially bent out of shape so that panel won't go back on) initially was reported within 3 months of ownership and due to part shortages I held out for the parts to come back into stock which ended up taking 6-7 months (TECHNICALLY they had their first chance to fix, and within 2 months it went wrong again but the first repair was massively delayed due to part shortages) Seat belt warning wasn't working (not beeping if you drive without belt on - software reset dealer paid but really put me off from this point as it suggested car had been electronically tampered with) Sun roof was stuck open on one side due to a bent rail around 1 year after purchase - warranty company rejected due to it being pre existing fault apparently. Bodyshop repaired and from this point he pointed out the damage on the car but Alphera just wanted me to deal with Clinkard Clinkard were offering solutions which ended up with me losing nearly £40,000 in a year and them being able to sell another car to me at full price. It was this point I regretted being too nice and trying to keep the peace as it had gotten me nowhere. Advised Clinkard of the cost and opportunity for them to speak to the customer they bought the car from but advised there weren't any issues and advised Alphera too and they suggested that I get the inspection done and here we are now lol Please let me know if I've missed anything out sorry about the essay 😅 email.pdf   Sorry forgot to mention the dealership is around 3-4 hours away from me and was a distance sale and I just went to collect it after transferring deposit/ Finance being accepted.
    • Thanks for filling in the court claim sticky. Please do the PCN one too as dx asked. Are you sure she didn't receive a Letter of Claim?  If so we can add that point to the standard defence.  
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It was my birthday on Wednesday - I was in bed eating my breakfast with my husband and two year old daughter when a knock at the door came. About ten minutes later my husband came in and said it was Rossendales baliffs - we had 2 hours to pay them £691.29 - or else.

 

Previously we had gotten behind on the payments with the council tax - so it was obviously at the baliff stage. We had rang Rossendales and sorted it out, paying a token £150, with the rest of the balance being £480.00, I had sent the income and expenditure sheet out to them (after a baliff turned up and this being the first time we'd heard anything). Since then we had a letter asking why we weren't 'honouring our debt', and thus they were sending out a van at a cost of £150 to recover the goods in our home to be sold for auction.

I sent a letter back to them asking what they meant, and that the next payment was due at the end of this month, however in the meantime they were free to write or call me to discuss matters further.

 

Then on Wednesday the baliff came, told my husband he had two vans and they were here to 'clear out our stuff.'

 

I immediately rang the council and asked why this was allowed and got the 'nothing to do with us' mentality - head against a brick wall really.

I then rang the baliff directly and asked him if it was £480.00. To my horror he told me that the amount was actually £707.00. I asked why when he had just told my husband £691.00. He told me that if I knew the amount then why was I questioning him. I again asked why he had now quoted me £707.00 and he told me 'because I feel like it.'

I told him this was ridiculous and that I was not going to pay £707.00 considering that it was £480.00 the day before, £691.00 just five minutes earlier and now £707.00 because I'd questioned it. He told me that he was no longer talking to me and that he was coming back around with the vans to 'clear me out.'

 

Ten minutes later and still no sign of him, I rang everyone I could think of to borrow money until I had enough. Due to the kindness of friends and family, I topped up the £500 I had in my account (to pay the bill) and the £200 in cash. My husband then rang him to ask if he was going to collect the money. He said he would but would not accept part cash and part card payment, it was all one or another. My husband said we could pay it into the bank, but he told him that we only had an hour - or else. He also said that it was the £691.00 he had quoted him this morning, and not the "£700 figure I quoted to that girl"

 

He took our card details and told us to ring at 2'oclock for a reciept.

We rang and 2 and he told us that he couldn't talk because he was on the motorway. He would send a reciept through the post in the next two weeks.

 

So bearing all this in mind - and this only being the second time that the baliff came out to visit us - do you think that this amount was fair and proportionate - and if not, what the hell do I do about it?

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the most the bailiff can charge you is £24.50 1st visit £18 2nd visit

if the have not done done a levy

letter of to bailiff company

ask for a screenshot of of your account this will have all the bailiffs charges also the bailiffs name

letter of to council about the bailiff unlawful charges and his attitude

form4 of to court about the bailiffs unlawful charges

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bailiffs are not gods.

 

printout what you have written here and go to your council offices tomorrow and complain and seek compensation.

THEY are responsible for the actions of bailiffs on council tax business for them.

 

if you get no joy, demand to see the council tax supervisor.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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What a nasty, nasty man. I would report him.

 

I hate our Council Tax office with a passion, they are stuck up and useless at their job. We were a few weeks late with a payment once and they refused to wait for the money so we had to find it.

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Forgot to ask did this bailiff do a walking possession? Was he allowed access into your house?

 

If he didn't get a signed walking possession all he could charge would be the original liability and £24.50 for the 1st visit and £18 for a second visit.

 

You need to get in touch with the bailiff company and request a screenshot of your account. You also need to file a form 4 complaint against the bailiff so you need to know his name, bailiff number and the court that issued his certificate.

 

Follow the advice in this http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/115030-how-complain-court-about.html

 

Please post how much council tax was owed.

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To be honest I really had no idea how much was owed - I never encountered the man personally so never saw any ID etc, but know that we never signed anything with them so they couldn't have a WPO?

I don't know his full name, just an initial and surname, and obviously not his bailiff number. Do you think Rossendales will be helpful enough to surrender this information?

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if you write to rossendales and ask for a screenshot of your account this will give you the bailiffs name any charges that have been added to your account what the charges are for and the date/time of any bailiffs visits

 

phone the council and ask how much they asked the bailiff to collect

if you are happy that the bailiff has been to your house twice (not on the same day ) then add £24.50 for his 1st visit £18for 2nd visit

to what council told you and that is all the bailiff can charge you

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What a ******! :mad::mad:

Refuse to deal with the bailiff. Keep all doors and windows closed and move your car off the drive. I dont know of any other profession that encourages fear and intimidation as a business tactic. I would make a complaint to the local police too, theres no need for anyone to behave like this.

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Millystar, we need to know if they have been in your house. The whole picture changes if they have. Cancel your cards that they have got details of. If they have not been in your house, then write to them demanding your money back for the exorbitant charges and tell them you are dealing direct with the council. You are not obliged to pay bailiffs fees, even if they have charged you correctly. Dont talk to them on the phone.

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I've already paid them in full, and no - they have never set foot in our house. Basically I know that we paid them £150.00 on the phone when we set up payments and the £691.25 on the day when the vans came out. I did phone the council on this day and ask why the charge the day before hand had only been £490 and it was now £691.25. The man on the phone (from the council) said it was because I hadn't paid the council tax, so it had been passed onto them (the bailiffs). It was out of their hands, (the council) and that the bailiffs were well within their rights to charge whatever they felt necessary. I asked if it would be a different story if I paid him (at the council) whatever the amount was now outstanding over the phone and he told me no. He would by all means take a payment, but as far as the charges were concerned the bailiffs would simply come back to recover them from me.

So yeah - I did the stupid thing, and paid it in full by handing over my card details to the bailiff. The money has been taken from my account now so surely it's pointless cancelling the card. i felt forced to give him my details because I felt that otherwise he would come back with his vans and break into my home (that's what the letter he had handed my husband said he'd do.)

 

In retrospect I feel a right idiot. And I know that i'm never going to get this money back.

Edited by millystar
for clarity
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well what the council told you was wrong, he CANNOT charge what he likes!

 

i would write a very stiff letter to the cheif exec , THEY are responsible for the actions of the bailliffs they employ on council tax business.

 

demand a repayment else you will sue & go to the newspapers or the gov'in bodies [not sure who this will be - poss court?]

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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come to think of it when i asked the bailiff on the phone how much he wanted he mumbled "... £40 levy fee, £18 administration charge... that makes it £707.00" so i guess it's pretty much a-given that some unfair charges have been added. Again for clarity we HAD set up a payment plan, we HAD honored it, we NEVER sent an income and expenditure sheet (i was frightened of them having our signature to copy) and we NEVER let them step inside our home, take a levy of goods or sign a walking possession order.

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so £291 in bailiffs fees eh? well that is illegal for a start, all they can charge with no WPO is £24.50 for the first visit and £18 for for the second, they have charged you nearly £250 over the top. Write to them demanding a screenshot of your account and all the charges they have added then threaten them with a form 4 complaint unless they return the money that they have STOLEN from you. If they don't return the money then lodge the form 4 and go to the head of the collections dept at the council demanding recompense as they have allowed unscrupulous bailiffs to work on their behalf. Don't stand for it.

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I had dealings with Rossendales, Millystar, and I must have been lucky, I didnt get any grief from them. Apart from a couple of visits, I didnt speak to them personally, just by letter, and I go to council and pay direct.

But you must get a properly worded letter put together, stating that you know your rights and quoting statutes about charges etc., so they know you mean business. Look on template section, I am sure you will find something on there to suit you needs. I did this and got every penny back, including correctly levied charges (I can only assume they did that because they had done something badly wrong in the first place!)

Two things that cannot be stressed enough, though is;

 

Dont talk to them on the phone.

 

Dont let them in your house.

 

They have (allegedly) use tricks like, we have a parcel/letter that needs signing for, as soon as you open the door they will be leaning on it and stumble in, and there you are, they're in!

 

Good luck, jed

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  • 2 weeks later...

Just an update, I've spoken to the council who claim that they haven't had any money from Rossendales (which was paid on the 6th May) but it does show on my bank statement, so they will be chasing that up. I also asked about the unfair fees and the council again told me it was not their responsibility, and that the baliffs can charge whatever they like, and that charging for the vans, despite not signing anything with the baliffs beforehand, was a common misconception, that a lot of people had come in and claimed the same thing, and again, that it was completely legal.

I contacted Rossendales for a screenshot, and they told me that they don't have my account details there, and if they did they were not obliged to send me anything. I said I would be sending a subject access request, and that they must reply under the data protection act, but the woman laughed and said 'go on then - we don't have any details for you. I don't know how many times I have to tell you.'

 

Brick wall?

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send them this

subject access request

 

please provide with any/all information regarding my account for the collection of council tax for xxxxxxxxx council this is not an exhausted list by any means but gives you an idea of what i require

i have enclosed the maximum statuary fee of £10 this cheque is to be used only for this purpose if you cannot/will not supply me with the information i have requested please return my cheque including the reason you cannot/will not supply this information

 

 

1. Computer screen shot relating to the conduct of my account

2. Computer screen shot relating to transactions that have gone through my account

3. Internal/external-messages or notes relating to the conduct of my account

4. Internal /external messages or notes relating to transactions that have gone through my account

5. Recordings of any telephone conversations, whether internal or external, relating to my account

6. Copies of any e-mail's, or other electronic communications, whether internal or external, relating my account

7. Copies of letters relating to my account

8. All information relating to litigation that has taken place on my account

9. A detailed statement of account showing a breakdown of all costs charged, showing in each case the reason for the cost and the actual cost against that item

10. Copies of all reviews conducted relating to my account

11. For any cost which relates to an attendance fee, kindly state the date and precise time of the attendance and the name of the certificated bailiff making each attendance with the name of the county court where the bailiff obtained his or her certificate

12. copy's of Levy's added to my account the time date bailiffs name and the county court where the bailiff was certificated who added this levy

13. Copies of all relevant paperwork created as a result of any and all visits ever made to me along with details of the results of each visit

14. Copies of any and all documentation issued to me or left at my property after each visit was made including details of the date and precise time of the visit and the charges incurred; this must include the name of the bailiffs who attended and the count where he was certificated

I trust that the above is clear and should you be in any doubt as to your obligations you should consult your legal team

any unlawful charges added to my account will result in a form 4 complaint to the court

and an official complaint to the council which i will escalate to the local government ombudsman if i feel the council have not acted with due diligence to resolve this

A copy of this letter will be sent to xxxxxxxxx council and my M.P.

As detailed above, I have enclosed the statutory maximum fee of £10.

You have 40 days in which to comply

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Just an update, I've spoken to the council who claim that they haven't had any money from Rossendales (which was paid on the 6th May) but it does show on my bank statement, so they will be chasing that up. I also asked about the unfair fees and the council again told me it was not their responsibility, and that the baliffs can charge whatever they like, and that charging for the vans, despite not signing anything with the baliffs beforehand, was a common misconception, that a lot of people had come in and claimed the same thing, and again, that it was completely legal.

I contacted Rossendales for a screenshot, and they told me that they don't have my account details there, and if they did they were not obliged to send me anything. I said I would be sending a subject access request, and that they must reply under the data protection act, but the woman laughed and said 'go on then - we don't have any details for you. I don't know how many times I have to tell you.'

 

Brick wall?

 

thats why we resommend doing everything both in writing and NEVER using the phone.

 

i'd go nail both the council & the bailliffs now.

 

the council ARE responsible fof the actions of the balliff they employ!

 

follow the advice in the previous messages, this could get fun!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Millystar,

 

l've read your thread with great interest as it tells a story that is repeated time after time after time in this forum. Although l have no experience or knowledge of Rossendales it seems to me they are not different from Equita or Marston or any of the rest. My problem is that l think we are not approaching these crooks the right way and l for one, am now in the process of trying to stop them legally from gain by Fraud. The fact is that they all have got away with ''murder'' time after time and unless there is a some form of common action, they will not stop. Every time they charge these outrageous costs they commit a crime in accordance with the Fraud Act 2006. lf you go to the net and check the content of the act you will find that they have actually conspired to commit fraud by false representation, by failing to disclose information and by abuse of position. Futher, by mailing these letters with their illegal claims they are actually committing theft by blackmail (if you do not pay this xxxx amount within 2 hours you will be liable for further substantial costs or the equal) and by extortion (we have 2 vans on the way to clear out your hose). lt is my opinion that if we are going to stop this we need to report each and every bailiff who perpetrates these crimes to the police. The more of us who do this the better the chance we will be heard. Finally, both the original employer, be it council or traffic authorities or anyone else and the company who employs or contracts the individual bailiff is equally guilty by association, and by accepting money fraudulently obtained, guilty of '' Participating in fraudulent business carried out by sole trader or company. They all know what is going on and they are all tacitly approving of the bailiff's fraud and theft as long as they get their money.

 

These companies and their bailiff's must be stopped and the whole industry restructured. We have discovered how our polititians operate and how our lordships are for sale and there is a reaction to that, why are we not doing the same with this awful DCA industry?

GR

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  • 1 month later...
Hi Millystar,

 

l've read your thread with great interest as it tells a story that is repeated time after time after time in this forum. Although l have no experience or knowledge of Rossendales it seems to me they are not different from Equita or Marston or any of the rest. My problem is that l think we are not approaching these crooks the right way and l for one, am now in the process of trying to stop them legally from gain by Fraud. The fact is that they all have got away with ''murder'' time after time and unless there is a some form of common action, they will not stop. Every time they charge these outrageous costs they commit a crime in accordance with the Fraud Act 2006. lf you go to the net and check the content of the act you will find that they have actually conspired to commit fraud by false representation, by failing to disclose information and by abuse of position. Futher, by mailing these letters with their illegal claims they are actually committing theft by blackmail (if you do not pay this xxxx amount within 2 hours you will be liable for further substantial costs or the equal) and by extortion (we have 2 vans on the way to clear out your hose). lt is my opinion that if we are going to stop this we need to report each and every bailiff who perpetrates these crimes to the police. The more of us who do this the better the chance we will be heard. Finally, both the original employer, be it council or traffic authorities or anyone else and the company who employs or contracts the individual bailiff is equally guilty by association, and by accepting money fraudulently obtained, guilty of '' Participating in fraudulent business carried out by sole trader or company. They all know what is going on and they are all tacitly approving of the bailiff's fraud and theft as long as they get their money.

 

These companies and their bailiff's must be stopped and the whole industry restructured. We have discovered how our polititians operate and how our lordships are for sale and there is a reaction to that, why are we not doing the same with this awful DCA industry?

GR

 

Couldn't agree more.

Strength in numbers.

jed

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