Rossendales for C/T

[Guest Happy Contrails]

i just have no idea how to write that because all the SAR's i have come across have all been geared towards bank charges or CCA.

 

Just write a simple one-line letter to the council

 

 

DATE

 

Dear Sir

 

Please send me a statement of all transactions relating to my council tax account at this address for the last six years.

 

Yours Sincerely,

 

Dont need to enclose a tenner, a council doesnt need to be registered under the Data protection Act 1998 to handle personal data. A statement of transactions is not listed as personal data under the Act anyway.

[Slimrabbit]

The letter HT just posted should do it and rossendales were pretty quick at supplying me with my info. Took them a while longer to realise that you can't put charges on before visits but HT's letters will help you with that.

 

It takes time to get sorted but you will get there just don't let them in the house, clear furniture out of the garden and hide the car if you have one.

[1_dadof_2]

Will Rossendales send everything regarding all info they have on us, or is this just to ask for this account fee breakdown.

 

I thank everyone who has posted a reply, i almost hope they put up some kind of fight.

[Jach]

Will Rossendales send everything regarding all info they have on us, or is this just to ask for this account fee breakdown.

 

I thank everyone who has posted a reply, i almost hope they put up some kind of fight.

 

I was advised on here to ask for a screenshot of my account too. I belive it gives all info they have, or additional info to a S.A.R. But someone more knowledgable than myself will advise you further on this

[1_dadof_2]

Thanks Jach, would asking for a screenshot of the account come under data protection. Or would it be prudent to send SAR anyway to Rossendales.

[Jach]

Thanks Jach, would asking for a screenshot of the account come under data protection. Or would it be prudent to send SAR anyway to Rossendales.

 

 

A Subject Access Report is the information they have on you and under the data protection act they must provide within 40 days, the SCREENSHOT is a computer prinout that should detail every phoncall you have made, when the bailiff called round what colour your door is etc etc. It is a vital piece of information should things escalate to Form 4 level and complaints to the court.

 

The above is advice I recieved on here re a screenshot. So I advise you request both SAR and a screenshot. I don't think the screenshot incurs a charge?????? But again, other people on here will correct my error if I'm mistaken and also answer your query of whether a screenshot comes under data protection.

[seanamarts]

 

 

 

 

The car is not subject to HP or LH, and the car IS used for work as i have to have business use on it as i drive to multiple locations throughout the day as i look after vulnerable children and adults, so taking a cab is hindering my work.

 

Any idea's please.

is your car insured for these purposes you may be able to get round it that way.. if its just third party,SDP you may have probs but if your insurance states that its for work purposes etc then you may have a good case to argue... Its best to look fully into this. sorry I cannot help further

[Jach]

Best advice I can offer you is to listen to the help people on here offer you! I'm a newbie on here but I have learnt soooooooo much, you can too! It is quite empowering when you realise that the bailiff doesn't actually hold all the cards!

I do understand what your going through, (as do many others on here too), it's awful but there is light at the end of the tunnel, a cliche I know but act as advised on here and you won't go far wrong.

Good luck and I'm sure more experienced and better brains than mine will be along to advise you further.

[1_dadof_2]

Yes thanks sean i have fully comp insurance on the car which states for business use as i travel between several clients in one day.

 

I agree Jach the people have been very helpful and empowering and so far have taken everything on board to what has been said.

[1_dadof_2]

Ok here's an update, i sent the "give me a breakdown" letter on Sat, and got a letter back from them today (but it was dated 13th, so they may not have got my letter by then) the letter say's...

 

"Your debt has been passed to us by the above client, and we intend to recover this debt immediately.

You can avoid this being passed back to our client for consideration to apply for your COMMITTAL to PRISON."

 

They are now asking for £404.81 not £504.17 and they have also cut me off from looking at my account on their system.

 

I really don't know where i go from here, should i just wait a while and see if they send me the info i asked for, or is this the only response i am going to get.

[hallowitch]

you can only be sent to prison if you refuse to pay council tax if you are not paying this direct to the council start doing it now do it on-line then your payments cant be refused make sure it comes of the arrears not this years tax

wait the 7 days and see if you get a reply to HCs letter with your breakdown of charges

 

if i was a betting woman (i am) i would put my hubby's wages on a levy(your car) fee and a van fee on your accounts

[Guest Happy Contrails]

They are now asking for £404.81 not £504.17 and they have also cut me off from looking at my account on their system.

 

Thats because they received your letter above and they know you have caught them cheating with their fees. They cut you off to stop you loggiong on and taking screen captures and using them in evidence. £100 of unlawful fees quickly diosappeared indicates intent to defraud.

 

I really don't know where i go from here, should i just wait a while and see if they send me the info i asked for, or is this the only response i am going to get.

 

You now go to the Local Government Ombudsman and make a complaint of being defrauded by their bailiff and you can contact police because the bailiff has committed an arrestable offence.

 

 

The Chief Constable

Name of Police Authority

Address 1

Address 2

Address 3

Postcode

 

DATE

 

Dear Sir/Madam

 

Re: Reporting a crime committed under the Fraud Act 2006

 

I enclose a document given to me by a man saying he is a bailiff firm [and threatened to commit breaking and entering and take property unless I pay him £AMOUNT]. He charged fees £AMOUNT when the law prescribes a fee of £24.50.

 

I appreciate the police have a propensity to dismiss bailiff crime to be a civil matter, but the official legal position is the bailiff commits an arrestable offence under the 2006 Fraud Act. Lord Lucas at the House of Lords on 20 April 2007 when he asked HM Government whether it would be right for the police to claim that such an action is a civil and not a criminal matter. The Minister of State, Home Office (Baroness Scotland of Asthal) replied with, inter-alia (quote) A bailiff or any other person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006 (unquote).

 

Section 1 means by which this offence can be committed is set out in Section 2, on fraud by false representation. This section applies where a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss. It is also possible that, where a bailiff repeatedly charges for work that has not been done, this conduct will amount to fraudulent trading either under Section 9 of the 2006 Act or under the provisions on fraudulent trading in company legislation.

 

The law can provide reasonable costs in respect of bailiffs transporting goods in a van (attending to remove fee) however no goods have been levied and no document has been signed by me. District Judge Advent on the 9th & 24th September 2008 presiding over Case 8CL51015 Anthony Culligan (Claimant) v 1. Jason Simkin & 2. Marstons (Defendants). The court ruled that (quote) because the bailiff produces no evidence as to how the charge had been arrived then he unable to show that it is reasonable (unquote).

 

Any offence committed under the 2006 Fraud Act is an arrestable offence under Section 24 of the Police and Criminal Evidence Act 1984. Please assign a crime reference number and I request the crime is investigated professionally and objectively and I am happy to help you in your enquiries and stand as a prosecution witness at trial.

 

Yours Sincerely

 

 

 

YOUR NAME

Enc: copy of bailiff document giving contact details

 

If the police fob you off with excuses, write down the name and rank of the police officer and contact the IPCC and your MP with a written complaint of 'Perverting the Course of Justice'. It is an offence under Section 4 of the Criminal Law Act 1967 to conceal a crime under false pretences.

[1_dadof_2]

Thankyou for the above letter, i will wait for the screenshot and details letter (if it comes), and then send the above. (i hope its not going to far).

 

With regards to the levy fee and van fee, i am not sure how they are working it out, the actual amout outstanding is £326.31 and they are asking for £404.81 so that is a difference of £78.50 and i don't have a clue how they can ask for that. I don't fully understand their fee's, and how they came to that figure.

[Jach]

Thankyou for the above letter, i will wait for the screenshot and details letter (if it comes), and then send the above. (i hope its not going to far).

 

With regards to the levy fee and van fee, i am not sure how they are working it out, the actual amout outstanding is £326.31 and they are asking for £404.81 so that is a difference of £78.50 and i don't have a clue how they can ask for that. I don't fully understand their fee's, and how they came to that figure.

 

Their maths is different to that of us mere mortals. Going through the same thing myself, and trying to work it all out is proving to be a nightmare! I'm sure I'd never understand the bailiff's calculations even if I had a PhD in maths!! But we have to persevere and expose these tricksters, (my polite phrase for them), for what they are.

Good luck, don't give up, the wonderful people on here will help you sort all this out.

[Guest Happy Contrails]

Screenshot? do you mean a breakdown of fees?

 

The law says what the bailiffs fee is for collecting unpaid council tax - £24.50.

 

If nothing has been moved in a vehicle by a bailiff, then no fees are due under the 'reasonable costs' clause in the legislation applies.

[1_dadof_2]

Yes sorry Happy i meant breakdown, they only delivered one letter by hand and one letter by post, so i guess £24.50 is correct, although they may have levied on the car, but wouldn't they have to tell me this on a levy letter or something.

[1_dadof_2]

OMG, cheeky gets, i have just worked out where they get £78.50 from:

 

£24.50 = First visit

£10.00 = Walking possesion

£44.00 = Levy

 

But the best of it is they have not been in my house, not done walking possession and to my knowledge (unless done on the car) no levy has taking place (obviously because no W/P done.

 

CHEEKY GETS

[1_dadof_2]

Had a response from Rossendales, not the one i was expecting, it says:

 

"We acknowledge receipt of your complaint and will conduct an investigation into your concerns. We endeavor to respond to complaints within ten working days. However if this is not possible we will write to you and advise you accordingly."

 

Has anyone else had this response, if so where do they/i go from here?.

[seanamarts]

its the usual standard response

[Guest Happy Contrails]

Standard template - Just file Form N1 and let them take all the time they want.

 

The Defendants are addressed as:

THE MAYOR AND BURGESSES OF [NAME OF COUNCIL] 1st DEFENDANT

AND

[NAME OF BAILIFF COMPANY] 2nd DEFENDANT

Brief Details of the Claim - enter - Reclaiming unlawful bailiff's fees.

Particulars of claim:

I received a bailiff acting for the defendant collecting unpaid council tax. The bailiff dishonestly charged me [£AMOUNT] bailiffs fees contrary to the Council Tax (Administration and Enforcement) Regulations 1992 which prescribes £24.50 and reasonable costs for transporting a debtors goods in a van. The bailiff did not move any goods in a van and I did not sign any documents for the bailiff. I have been defrauded by the bailiff who is cheating with his fees and I asked for a refund but it was the bailiff’s choice to keep the money. On 20 April 2007, Lord Lucas in the House of Lords asked HM Government (inter-alia) "whether it would be right for the police to claim that such an action is a civil and not a criminal matter"? Baroness Scotland of Asthal, The Minister of State, Home Office replied: (inter-alia) "A bailiff or any other person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006". Reasonable costs have been defined by District Judge Advent on the 9th & 24th September 2008 presiding over Case No 8CL51015 Anthony Culligan (Claimant) v 1. Jason Simkin & 2. Marstons (Defendants). The court ruled that "because the bailiff produces no evidence as to how the charge had been arrived then he unable to show that it is reasonable". I claim i) the sum of [£AMOUNT], ii) Interest under Section 69 of the County Courts Act 1984 at the rate of 8% a year from the date the money became due at the daily rate of 0.00022%, iii) reasonable costs the court thinks fit for being defrauded by the defendant iv) Reasonable costs the court thinks fit for Discovery of Information and compiling this case for court, v) costs allowed by the court costs allowed by the court at the prescribed rate.

If you are on a low income then complete an EX160 fee exemption form.

File the Form N1 at you local county court. The claim will be defended (with the same old bailiff's ramblings) and the court will send you an allocation questionnaire. Keep all documents and receipts given to you by the bailiff and await the hearing date. Do not be bullied by bailiffs or the council's barrister to get you to drop the claim. You want ALL your money back plus your costs and interest in CLEARED FUNDS. Go before the Judge and ask for it. When the judge has awarded your judgment, always ask the judge for your "costs of today at the prescribed amount", he'll award you an extra 60-quid on top of your costs. Remember, you are a litigant-in-person and court rules say the judge must advocate for you in court.