ROSSENDALES (proud to be profesionals)

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IF he comes today, DO NOT LET HIM IN.

 

Pay him what you owe, plus £24.50 plus £18 for the visit fees.

 

BUT FOR GOODNESS SAKE, KEEP THE WINDOWS AND DOORS LOCKED.

 

NOT NOT LET HIM OBTAIN A LEVY - that changes the game big time, and it's a much harder battle at that point.

 

I will post a scan up in a min, it is the back of the CT 14 Day Baillif Notice I got through the post this week - and it is from my Council, but the fees are provided for in statute, but I do not have the reference to hand.

 

FX

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If fact, the allowable fees may even be on the back of one of your letters! Have a quick rummage.

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http://i268.photobucket.com/albums/jj13/BlurredFX/CTax/CTFees.jpg

 

Think that is it

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Then do I need to advise the bailiff of my payment ?? will he be ****ed off that I/ We know our rights, what do I do if he gets shirty etc.

 

Let him get shirty. Don't even open the door to him!

 

I'm not sure exactly what to do here - people do not have the means to pay straight away, normally.

 

If you can pay the Council, do it. The Liability Order has then been discharged and there is nothing the he can do about it.

 

Alternatively, speak to the Bailiff from an upstairs window, explain you know your rights, and ask him if he will take payment and give you written conf that that Liability Order has been discharged.

 

Might help to have a second opinion on this one - not quite used to people having the means to pay there and then!!!

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Bite the bullet lad. Pay them.

 

It's a long, hard battle dealing with these types, and you will still have the worry of "the knock at the door". The Council will play awkward, the Bailiffs will behave like bullies. If, per chance they get a levy, they WILL cause you a lot more pain and hearache than a couple of hundred quid that you could blow in a day, and have nothing to show for it.

 

Save yourself the ongoing worry, get this dealt with and put to bed (I love cliches), and put your efforts into something that will get you on in life.

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and put your efforts into something that will get you on in life.

 

I did not mean that to sound patronising!!!! Sorry

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But you could still write a nice letter to your council (and it would be rude not to copy in Rossendales too) informing them of your wish to pursue a complaint against Rossendales and their bailiff for illegally claiming fees they know they are not entitled to.

 

And there is an online search to check the bailiff is registered

 

Certificated Bailiff

 

and if not a nice form 4 complaint go heads their way as well.

 

Just cos you pay up doesn't mean you should just accept their behaviour - but then I've never been one to let something go! My partner hates that

I would agree, always good to have someone fighting back.

 

IMO they are committing a crime by attempting to defraud you of fees they are not entitled to. I think it might come under s2 and s4 of the Fraud Act 2006, so if you pursue that avenue, once you have paid them, get a new thread going and be sure to let me know! There are plenty of people with more knowledge than I when it comes to such things... and plenty of people who seem to enjoy it as well!!!

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No Prob I understand, thanks for pushing me in the right direction, it will hurt tho cos ave got mates fiddling system and dont have the crap we / I do, and they get there bills paid etc, but that's another story.

It's a way of life for some people, sometimes by choice, sometimes by ignorance/head in sand/etc.

 

Glad to have helped. You could even pop my cherry, and tip my scales, as that has never happened lol.

 

Good luck mate, I think you are making the right decision - just dont let him tell ya you have to pay his £100 fees. Just the ones I highlighted above. And get a receipt as well, I would put nothing past these buggers.

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Hi Just checked him out..he is reg with Rossies but it runs out/expires on 24th this month??

Is he is valid today, he is valid today. End of.

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and can they not take any more monies from my acc once they have my details.

 

Simple answer is that I do no know, other may have more of an idea. If they do take extra monies, do a Charge Back on your credit card - which will please Rossendales no end, I am sure.

 

Send Rossies a cheque for the £24.50 and £18 (or maybe even the full amount?), and pay the balance to the Council. The Liability Order is then discharged in full, and keep the receipts.

 

I'm off for a swim, and not onlince tonight (footy) so I will add anything extra that I can tomorrow.

 

FX

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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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How did this lot go?

 

I complained to the Council about how I was treated, got the anticipated response back, and, frankly, found better things to do with my time. I still might go for it (coz I've got a half decent complaint, with eveidence), but in reality - who wants the stress??

 

I feel guilty now, because if everyone takes that approach, the scandal will continue...

 

Anyway...

 

Glad it was all sorted in the end