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    • I found that the parkin attended has a car with CCTV camera on it, however as I stated earlier, it seems that he did not take video of my car otherwise they would have stated so in the SAR. parking car .pdf
    • The rules state that "approved devices may only be used in limited circumstances"  I was not a threat. I was not present. I did not drive away. I think he has not fulfilled the necessary requirements justifying issuing me a PCN by post therefore the PCN was issued incorrectly and not valid.  What are your thoughts?  
    • I have also found this:  D.2 Service of a PCN by post: 54) There are some circumstances in which a PCN (under Regulation 10) may be served by post: 1) where the contravention has been detected on the basis of evidence from an approved device (approved devices may only be used in limited circumstances) 2) if the CEO has been prevented, for example by force, threats of force, obstruction or violence, from serving the PCN either by affixing it to the vehicle or by giving it to the person who appears to be in charge of that vehicle 3) if the CEO had started to issue the PCN but did not have enough time to finish or serve it before the vehicle was driven away and would otherwise have to write off or cancel the PCN 55) In any of these circumstances a PCN is served by post to the owner and also acts as the NtO. The Secretary of State recommends that postal PCNs should be sent within 14 days of the contravention. Legislation states that postal PCNs must be sent within 28 days, unless otherwise stated in the Regulations. This from London Councils Code of Practice on Civil Parking Enforcement.  The question is what is an approved device? Certainly, he had the opportunity to place the ticket on my car and I didn't drive away.  I looked further and it seems that an approved device is a CCTV camera - It seems that the photos taken were not actual film but images and it is not clear if they are taken from a video or are stills. I'm guessing if it was moving images then the SAR would have stated this.    From the Borough of Hounslow website: "There are two types of PCN issued under the Traffic Management Act 2004, which governs parking contraventions. The first is served on-street by a Civil Enforcement Officer, who will observe a vehicle and collect evidence before serving the PCN either by placing it in a plastic wallet under the windscreen wiper, or by handing it to the driver. The second is a PCN served by post, based on CCTV footage taken by an approved device, which has been reviewed by a trained CCTV Operator."   From Legislation.gov.uk regarding approved devices: Approved Devices 4.  A device is an approved device for the purposes of these Regulations if it is of a type which has been certified by the Secretary of State as one which meets requirements specified in Schedule 1. SCHEDULE 1Specified requirements for approved devices 1.  The device must include a camera which is— (a)securely mounted on a vehicle, a building, a post or other structure, (b)mounted in such a position that vehicles in relation to which relevant road traffic contraventions are being committed can be surveyed by it, (c)connected by secure data links to a recording system, and (d)capable of producing in one or more pictures, a legible image or images of the vehicle in relation to which a relevant road traffic contravention was committed which show its registration mark and enough of its location to show the circumstances of the contravention. 2.  The device must include a recording system in which— (a)recordings are made automatically of the output from the camera or cameras surveying the vehicle and the place where a contravention is occurring, (b)there is used a secure and reliable recording method that records at a minimum rate of 5 frames per second, (c)each frame of all captured images is timed (in hours, minutes and seconds), dated and sequentially numbered automatically by means of a visual counter, and (d)where the device does not occupy a fixed location, it records the location from which it is being operated. 3.  The device and visual counter must— (a)be synchronised with a suitably independent national standard clock; and (b)be accurate within plus or minus 10 seconds over a 14-day period and re-synchronised to the suitably independent national standard clock at least once during that period. 4.  Where the device includes a facility to print a still image, that image when printed must be endorsed with the time and date when the frame was captured and its unique number. 5.  Where the device can record spoken words or other audio data simultaneously with visual images, the device must include a means of verifying that, in any recording produced by it, the sound track is correctly synchronised with the visual image.
    • Hearing took place today.  Case dismissed with costs awarded. Neither UKPC or a representative turned up.  Apparently they messaged the court on 7 May asking for their case to be considered on paper.  Never informed me, which was criticised by the judge as not following procedure.  I was really annoyed as I would have preferred for the case to be thrown out before the hearing, or at least face them in court and see them squeal.   They are just playing a numbers game and hope you blink 1st!   Ended up having to change my flight, but  the costs awarded softens the blow. Was asked to confirm it was my signature on both the witness statement and supplementary statement.  Wasn't asked to read them, said she could see my arguments made and the signs were insufficient and no contract formed. Took maybe 10 mins in total.  Judge did most of the talking and was best for me just to keep quiet or confirm any statements made. Happy to have won as a matter of principle and have costs awarded. Maybe not worth all the time and hassle for any newbies or the technologically challenged.  But if you are stubborn like me and willing to put in the time and effort, you can beat these vultures! I big shout out to everyone who helped on the thread with their advice and guidance, special mention to FTMDave, thank you sir!  Really appreciate everyone's efforts. All the best!
    • I plan to be honest to avoid any further trouble, tell them that the name should be changed to my official name
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ROSSENDALES (proud to be profesionals)


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What letters? ;)

 

seriously I wouldn't pay them a penny as they tried to defraud you. Pay the council what you owe and tell the crooks to provide evidence of their visits.

 

I did this with Equita and a year and a half later I'm yet to hear a thing.

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What letters? ;)

 

seriously I wouldn't pay them a penny as they tried to defraud you. Pay the council what you owe and tell the crooks to provide evidence of their visits.

 

I did this with Equita and a year and a half later I'm yet to hear a thing.

The letters they posted were demands for arrears and their costs.

Regards..Mr Worried :)

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why letters? cos even after a year I'm guessing they could turn up and you've proof of your actions especially if someone did as you've done. I've learnt its wise to have a record of everything.

 

 

Whatever the action of the OP and he's had plenty of suggestions, above all I'd recommend having the paperwork to prove his actions.

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Binded - I do have a record. I wrote to them recorded delivery telling the the council was paid and that I happily pay them the correct amount if they could provide evidence of these visits. Should they not be able to do so I would consider the matter closed. I also gave them 28 days to reply and I'm still waiting.

 

DON'T PAY THESE CROOKS - THEY WERE TRYING TO TAKE MORE THAN THEY ARE ENTITLED TO AND DESERVE NOTHING.

 

When they are honest then you can do the same :)

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Binded - I do have a record. I wrote to them recorded delivery telling the the council was paid and that I happily pay them the correct amount if they could provide evidence of these visits. Should they not be able to do so I would consider the matter closed. I also gave them 28 days to reply and I'm still waiting.

 

DON'T PAY THESE CROOKS - THEY WERE TRYING TO TAKE MORE THAN THEY ARE ENTITLED TO AND DESERVE NOTHING.

 

When they are honest then you can do the same :)

 

Hi BSC I understand your grief with them, but in my case they have supplied evidence of their visit..2 visits 2 x demands, so I am going to pay them tommorow, as well as the council.

 

Cheers

Regards..Mr Worried :)

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They provided me evidence as well but sticking a note through the door doesn't prove anything.

 

I agree that if they had only added £42.50 then it should be paid but they didn't in my case and they haven't in yours

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They provided me evidence as well but sticking a note through the door doesn't prove anything.

 

I agree that if they had only added £42.50 then it should be paid but they didn't in my case and they haven't in yours

 

So who posted the demands then? and yes they have added £100.00 which I'm not paying I shall pay the £42.50. I have no problem with that.

Regards..Mr Worried :)

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Surely if you've been in contact with a bailiff that prooves at some point you've received at least one demand and thus at least one of those is a mute point. If you've made contact with either the council or the bailiff you're then putting yourself open to alsorts if you then say oh but I didn't have a letter (when you obviously did or why were you contacting them in reference to it).

 

Grief it maybes, but if whatever reason it was taken further, you'd be hard pushed denying it as they will have noted you contacted them in respect to it. not to mention look rather daft.

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Surely if you've been in contact with a bailiff that prooves at some point you've received at least one demand and thus at least one of those is a mute point. If you've made contact with either the council or the bailiff you're then putting yourself open to alsorts if you then say oh but I didn't have a letter (when you obviously did or why were you contacting them in reference to it).

 

Grief it maybes, but if whatever reason it was taken further, you'd be hard pushed denying it as they will have noted you contacted them in respect to it. not to mention look rather daft.

 

Hi

 

It is my intention and always has been to pay the correct fee's, and your comments are as my mind works too.

 

Cheers

 

Mr W

Regards..Mr Worried :)

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As I said. What demands? Tell them you haven't had them and unless they can prove the visits then to get lost.

 

As I said, demands posted by the bailiff, 'binded' has answered in the same way as I was going to do.

 

I think that if in the past you have questioned the letters / demands posted by the bailiff and therefore asking him to prove that he / she done so then that is your entitlement, but in my case my mother in law was in the house when the 1st demand was posted, then I made contact with him re his £100.00 fee's, then when I got the 2nd demand I called him again and he was 'vacant' about his fee's this time, which promted this thread.

 

I have had some great response, adivce and help from all the cagers, and today I shall pay the council and also the bailiffs fees..2 x visits £24.50 & £18.00.

 

Thanks to all of you

 

Mr W

Regards..Mr Worried :)

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Ultimately it's your choice but personally I think it daft to pay someone money who has blatantly tried to defraud you. They tried to charge you over double what they should have so why should they deserve a penny?

 

Anyway you seem to have made your mind up so I won't comment any further. But rest assured, these crooks will carry on trying it on again and again as long as people like yourself are willing to pay them in these circumstances.

 

They need to learn that the only acceptable method is to charge the correct amount from day one.

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Ultimately it's your choice but personally I think it daft to pay someone money who has blatantly tried to defraud you. They tried to charge you over double what they should have so why should they deserve a penny?

 

Anyway you seem to have made your mind up so I won't comment any further. But rest assured, these crooks will carry on trying it on again and again as long as people like yourself are willing to pay them in these circumstances.

 

They need to learn that the only acceptable method is to charge the correct amount from day one.

 

B S C

 

Fair comment, but how else do I deal with this, do you suggest that I pay the council then tell the bailiff that the Levy has been lifted then ask him for a breakdown of his charges? which ultimatley I will have to pay anyway, what I dont want happening is causing more grief for me and my family, when I know what should be done in anyway.

 

Would you go this 'route' or not, and if so what would you put in a letter to the bailiff once you had settled the order from the council?

 

Mr W

Regards..Mr Worried :)

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Mr W

 

You pay the council and then write to the bailiff saying that you are happy to pay them if they can provide evidence that the two visits they claim took place and that the letters were not posted to you (you could even put something to the effect that you seem to remember a stamp being on the envelopes ;) )

 

You may also want to ask them how they felt it acceptable to charge £100 when the maximum fees (if two visits have indeed taken place) is £42.50 and that you are considering a Form 4 complaint about their Bailiff if it is found that he is adding extra fees without their consent.

 

The clever bit about the above paragraph is they wont want to drop their bailiff in it but also cannot say that they instructed him to charge the extra. With me the company then went silient.

 

I would still pay the £42.50 if they wrote back to me or, in reality, if they turned up on the doorstep as, like yourself, I don't want or need the grief.

 

regards

 

BSC

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Hi To All

 

Well I done what I thought was right and correct along with the advice I recieved from the forum.

 

I paid the council the £233.00. then asked if the L/O was lifted they replied after checking my records..'yes it is satisfied'.

 

So I called Rossendales and spoke to a very rude opperative who'm offered me no help, she even said that I MUST pay the £100.00 bailiff charges, I explained the rules as I know them, ie..1st visit £24.50, 2nd visit £18.00. blah blah..she said he can charge £100.00 ( cos the debt is old)? did not make sense , I reiterated my previous comments she quickly put me on hold then returned and said Bailiff is mad with you and he wants paid, he is busy with somebody and he will call you when he is finished.

 

Any thoughts??

 

I will keep you's informed.

 

Ta

 

Mr W

Regards..Mr Worried :)

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Tell the bailiff to do one - if you even hear from him. My guess is that will be the end of it.

 

If he does phone back tell him to put his fraudulent claim for money in writing as it will make your Form 4 complaint easier :D

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Tell the bailiff to do one - if you even hear from him. My guess is that will be the end of it.

 

If he does phone back tell him to put his fraudulent claim for money in writing as it will make your Form 4 complaint easier :D

 

UNBELIEVABLE

 

He just called me blah blah, I told him what I knew, he asked me then only to pay the £24.50 and £18.00..but only when he has recieved confirmation from the council that it is paid, he wants 'ME' to call his MOBILE on Monday and pay over the phone.

 

You know what cagers I am angry and also seething that this xxxxxxxxx was prepared to take what little we have for his own greed, and he lied all the time during our comms together.

 

What can I do know/ I want to get my teeth into him and the council for their behaviour, can somebody do me a nice letter.

 

Thanks so much for your post's and advice on this, goes to show that we the cagers are getting stronger and even more educated by ' sticking together'

 

Cheers

 

Mr W

Regards..Mr Worried :)

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Hi Mr W,

 

It was the Leeds/Liverpool match - good result!!

 

Was away yesterday, had other business to attend to. Get the CT owed paid, along with the Bailliffs fees.

 

As I understand it, the LO is for £233, but the law stipulates that any money paid to whomever (Rossies or the Council) the Bailff has first claim to it. So if you pay £233, it still leaves £42.50 (£24.50 + £18 ) still outstanding on the LO.

 

As the LO will not have been satisfied, the Bailiff can return and levy upon your goods. KEEP YOUR CAR AWAY FROM YOUR HOUSE BTW. You said something earlier about a Levy on your goods, but from what you have said they have not obtained a Levy. A levy (or walking possession) is where they take ownership of your goods, and normally charge you for renting them. At this stage it all gets very messy, but from what you have said you have avoided this - thankfully.

 

I have read people advising not to pay as they have tried to defraud you. I think this is bad advice.

 

My suggestion would be, in this order:

 

1) Pay the £233 plus £24.50 plus £18.00 (pref to the Council, or poss to Rossies - and get a receipt). Asking for evidence of visits etc is just going to be a head ache that will get you nowhere, and the LO will still be outstanding, meaning they can come back and if they gain peacful entry, they will Levy. When it comes to it, it will be your word against a certificated Bailiffs - and I suspect a Judge would side with the Bailiff, unless you have evidence to show the Bailiff is lying.

 

2) THEN start the fight back. Collect the evidence of their alleged attempts to defraud you and complain to the Head of Collections at the Council and Rossies. You MUST give them opportunity to correct their "mistake". That is how a Judge is likely to look at it - everybody is human, and prone to mistakes and this is a complex area of law etc etc. We all suspect that their systematic mistakes are in fact attempts to defraud, but proving it isn't that simple - it would require some kind of class action or something - which is why bank charges are at the House of Lords or wherever they are!

 

If they do not correct their mistake and apologise, then we start having grounds for a Form 4 complaint, which would potentially bring the Bailiff responsible in front of a Judge to explain himself - and potentially lose is certification and hence his job.

 

My suspision is once they have their legitimate fees, they will move on to some other poor soul who they will hope has not managed to get a grip of the situation like you have.

 

For what it is worth, that is my advice, and I offer it up in an open forum for others to scrutinise and comment.

 

Hope you are feeling in control of the situation, and can get it all dealt with by tomorrow night so you can go for a bevvie - without the weight of the world on your shoulders. God knows these swines have driven me to drink before now!!!!!

 

Making arrangement to pay in installments, like you thought about doing, leaves the LO outstanding and you vulnerable to their underhand tactics. Once the LO is satisfied, they are powerless as you owe no one nufffink!!! lol

 

Hope you are well,

 

 

FX ;)

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Oh in terms of a letter, i think it is very simple:

 

Dear Mr Baillifs,

 

Please find enclosed a copy of the receipt for the funds I have paid to the Council.

 

I enclose a cheque / evidence of paying you (Rossies) the fees to which you are legally entitled.

 

I trust this matter is now concluded and the LO has been discharged in full. Please advise me of this is not the case.

 

Yours,

 

 

Mr Worried

 

Send a copy to the Council's head of collections.

 

Then we start on the formal complaint if you wish to.

 

FX

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Oh, and send it Special Delivery or at the very least get a Cert of Posting from the Post Office.

 

My feeling is that they will move on to some other poor unsuspecting soul and leave you in peace as they do not have a leg to stand on.

 

The law allows them certain means to collect the money, and stipulates the fees they are allowed to charge. You have forced them to do it by the book, they have nowhere to go with it.

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Hi Mr W,

 

It was the Leeds/Liverpool match - good result!!

 

Was away yesterday, had other business to attend to. Get the CT owed paid, along with the Bailliffs fees.

 

As I understand it, the LO is for £233, but the law stipulates that any money paid to whomever (Rossies or the Council) the Bailff has first claim to it. So if you pay £233, it still leaves £42.50 (£24.50 + £18 ) still outstanding on the LO.

 

As the LO will not have been satisfied, the Bailiff can return and levy upon your goods. KEEP YOUR CAR AWAY FROM YOUR HOUSE BTW. You said something earlier about a Levy on your goods, but from what you have said they have not obtained a Levy. A levy (or walking possession) is where they take ownership of your goods, and normally charge you for renting them. At this stage it all gets very messy, but from what you have said you have avoided this - thankfully.

 

I have read people advising not to pay as they have tried to defraud you. I think this is bad advice.

 

My suggestion would be, in this order:

 

1) Pay the £233 plus £24.50 plus £18.00 (pref to the Council, or poss to Rossies - and get a receipt). Asking for evidence of visits etc is just going to be a head ache that will get you nowhere, and the LO will still be outstanding, meaning they can come back and if they gain peacful entry, they will Levy. When it comes to it, it will be your word against a certificated Bailiffs - and I suspect a Judge would side with the Bailiff, unless you have evidence to show the Bailiff is lying.

 

2) THEN start the fight back. Collect the evidence of their alleged attempts to defraud you and complain to the Head of Collections at the Council and Rossies. You MUST give them opportunity to correct their "mistake". That is how a Judge is likely to look at it - everybody is human, and prone to mistakes and this is a complex area of law etc etc. We all suspect that their systematic mistakes are in fact attempts to defraud, but proving it isn't that simple - it would require some kind of class action or something - which is why bank charges are at the House of Lords or wherever they are!

 

If they do not correct their mistake and apologise, then we start having grounds for a Form 4 complaint, which would potentially bring the Bailiff responsible in front of a Judge to explain himself - and potentially lose is certification and hence his job.

 

My suspision is once they have their legitimate fees, they will move on to some other poor soul who they will hope has not managed to get a grip of the situation like you have.

 

For what it is worth, that is my advice, and I offer it up in an open forum for others to scrutinise and comment.

 

Hope you are feeling in control of the situation, and can get it all dealt with by tomorrow night so you can go for a bevvie - without the weight of the world on your shoulders. God knows these swines have driven me to drink before now!!!!!

 

Making arrangement to pay in installments, like you thought about doing, leaves the LO outstanding and you vulnerable to their underhand tactics. Once the LO is satisfied, they are powerless as you owe no one nufffink!!! lol

 

Hope you are well,

 

 

FX ;)

 

Mighty Leeds eh

 

Great comments, I am gonna pay the bailiffs charges on Monday, and that is it...however I want to outline/complain to somebody re the underhand way he conducted himself and tried to charge me £100.00. but now is agreeing to accept the propper charges.?

 

Mr W

Regards..Mr Worried :)

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Oh in terms of a letter, i think it is very simple:

 

 

 

Send a copy to the Council's head of collections.

 

Then we start on the formal complaint if you wish to.

 

FX

FX thanks for your input, I shall heed your advice then let you know how it goes.

 

Cheers

 

Mr W

Regards..Mr Worried :)

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I still think the following is a better route to take.

 

Write to Rosendales and tell them that thier Bailiff has made an attempt to defraud you out of £57.50 and could they explain why they are allowing this to happen.

 

Personally I would also phone the bailiff himself (and I know most will advise against this) and tell him very clearly that if he continues to attempt to obtain money he is not owed you will raise a Form 4 complaint against him.

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I'm sorry I wouldn't let a DCA get away with lying to be by just sending them a letter with the money and saying I hope this matter is closed.

 

Mine would be something like this

 

 

TO THE COUNCIL

 

FAO: Head of Revenues Collection

 

Property ID XXXXXXXXXXXXXXXX

 

Dear Sir/Madam

 

I am writing to you in reference to the above account and the council tax liability order for 08/09 (or whatever year)

 

I recently became aware of this outstanding liability and have paid £xxx.xx on xx/xx/xx to satisfy this liability for which I have recieved confirmation.

 

However I wish to bring to your attention a complaint I have about (BAILIFF NAME) and Rossendales who I believe are acting as your agents.

 

I have enclosed a demand given to me by (BAILIFF NAME) for fees amounting to £100 in relation to the above liability. I have become aware of the prescribed fees allowed to be charged in law for a liability of this type and believe that this fee should be £42.50 and not the £100 being demanded.

 

I believe that whilst acting as your agents (BAILIFF NAME) and/or Rossendales have tried to defraud me by adding illegal charges to the amount I owed.

 

I ask that an urgent invesitgation is undertaken into this matter and a written explanation expediated to me with the upmost urgency. I also reserve the right to take this matter further including but not limited to a form 4 complaint against your agent with the relevent court.

 

Yours Faithfully

 

 

 

TO ROSSENDALES

 

Please find attached a copy of correspondance sent to the Head of Revenue Collection at XXXXXXXXX council.

 

I expect that they will investigate both your bailiff and yourselves for illegal charges.

 

In the meantime I would ask that you forward me in writing confirmation of in which court (BAILFF NAME) holds his registration so I can proceed with a form 4 complaint.

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I'm sorry I wouldn't let a DCA get away with lying to be by just sending them a letter with the money and saying I hope this matter is closed.

 

Mine would be something like this

 

 

TO THE COUNCIL

 

FAO: Head of Revenues Collection

 

Property ID XXXXXXXXXXXXXXXX

 

Dear Sir/Madam

 

I am writing to you in reference to the above account and the council tax liability order for 08/09 (or whatever year)

 

I recently became aware of this outstanding liability and have paid £xxx.xx on xx/xx/xx to satisfy this liability for which I have recieved confirmation.

 

However I wish to bring to your attention a complaint I have about (BAILIFF NAME) and Rossendales who I believe are acting as your agents.

 

I have enclosed a demand given to me by (BAILIFF NAME) for fees amounting to £100 in relation to the above liability. I have become aware of the prescribed fees allowed to be charged in law for a liability of this type and believe that this fee should be £42.50 and not the £100 being demanded.

 

I believe that whilst acting as your agents (BAILIFF NAME) and/or Rossendales have tried to defraud me by adding illegal charges to the amount I owed.

 

I ask that an urgent invesitgation is undertaken into this matter and a written explanation expediated to me with the upmost urgency. I also reserve the right to take this matter further including but not limited to a form 4 complaint against your agent with the relevent court.

 

Yours Faithfully

 

 

 

TO ROSSENDALES

 

Please find attached a copy of correspondance sent to the Head of Revenue Collection at XXXXXXXXX council.

 

I expect that they will investigate both your bailiff and yourselves for illegal charges.

 

In the meantime I would ask that you forward me in writing confirmation of in which court (BAILFF NAME) holds his registration so I can proceed with a form 4 complaint.

Hi 303

 

That transcript is CLASS, its on the way to both parties.

 

Cheers

 

Mr W

Regards..Mr Worried :)

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