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    • Hi, I have an old outstanding debt from 1994 due to MBNA for £20,000. The debt has been passed to various DCAs and is currently with PRA Group.  I sent them a CCA letter in January 2024. They acknowledged this letter and stated they would come back when they had more information, however the information did not arrive within the 12 working day scenario.. I have just received a copy of the agreement which goes back to 1994 from them. In their response letter they have stated " Please find enclosed documentation received to date: we are waiting further documents in order to complete your request. We have currently deemed this debt as unenforceable which means we are not able to take court or further action against you to recover the outstanding balance". They then go on to state "we are still legally entitled to:  1.Contact you to ask and repay what you owe 2.Pass your details onto a third party collection agency 3. Continue to report your account with the credit reference bureaux (as appropriate)". I'm at a loss as to what I should do next and would appreciate any guidance on this matter. I am currently paying £5.00 pcm. TIA      
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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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