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don't worry about the car the bailiff would rather have the money it just an excuse to rake up there fees

 

if no one knocks up a letter for you i will do it myself probably tomorrow would like to say i will do it today but Ive been up since daft aclock (don't ask cant believe I'm that stupid:eek:)

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Its quite a rare condition, its is officially called (please forgive the spelling) Shmidtz metaphsyl achondraplaisa, there isn't much on the net regarding it (last time I looked there wasn't) as there are so many mutations of dwarfisim, it is genetic so its a 50/50 if it is passed on to the baby and they can't tell if the baby has it until it is at least 2/3 yrs old (something else im worried about)

 

And the bad back was an accident I had a while ago, which until our local pct stopped them I had injections in my back to ease the pain. I can now only use paracetamol and a tens machine for pain releif.

You would be surprised at how much I can find on the net in fact I have found lots, one that was in particular interest was here Symptoms of Metaphyseal chondrodysplasia Schmid type - WrongDiagnosis.com

Please dont think that I am wishing to label you but if this IS what you have then you are classed as having a disability, which of course will include you under the vulnerable clause of the national standards... along with your being pregnant, adding to the urgency of the council taking back this debt asap. Lets hope kel see's this before writing her letter and adds this to it, I may just pm her to make her aware. I am glad I asked now, I hope you didnt think I was imposing in any way :)

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Thankyou seanamarts, the more info the merrier...

I'll add another paragraph to the letter I posted earlier. Won't be done for an hour or so, if kingfisher has already sent it off it doesn't matter as it can be done seperately.

Best wishes

Rae

Edited by RaeUK
Can't tip you again seanamarts so a big hug instead :)
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letter for Rossendales as promised what do you think folks would anyone like to tweak it

 

send it to Rossendales recored delivery(keep the receipt as proof of sending) make a copy for yourself and the council

 

send a copy to the council with a covering letter

 

 

 

council tax reference number

bailiffs reference number

 

 

Dear sir,

 

Rossendales Bailiff Mr xxxxx employed on behalf of xxx council visited my home on (date)

At the time of this visit the above bailiff placed a levy on my car (make model reg) this vehicle if in good condition would have a book price of £295 therefore auction value would be considerably less

 

It is my understanding the reason an authority Levy's distress is to secure goods to be sold at auction if the debt is not satisfied therefore only goods that have enough value to cover levy fees removal fees, storage fees, valuation fees, auction fees,and a substantial percentage of the liability order can be levied

The above being confirmed by the Judgement of Throssell v Leeds City Council where the judge states

as for your car how old is it? I.E. would the sale of it actually cover a large percentage of the bill anyway?

a vehicle should only be removed if the proceeds of sale provide that there would be a surplus available to the liability order after deductions for the bailiff fees, , removal storages and auctioneers fees.

 

The car Levied by bailiff MR xxxx does not meet this criteria therefore i would conclude that the only reason for this levy was to gain a fee for himself or his employer it is for this reason i believe the levy to be invalid

 

I am therefore asking you to cancel the levy and forward me a revised account reflecting this within 14 days of this letter

 

Alternatively if you feel this is not the case please forward me an explanation as to why the levy is valid along with a copy of your complaints procedure within the aforementioned time frame

 

Copy of this recorded delivery letter will be sent to xxx council to placed on file to be used in any formal complaint to xxx council or court claim for unlawful fees should it be necessary

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Thank you everyone, I didn't manage to get on yesterday as I was really poorly and still feeling it (just think the stress got to me) I am sending all of the letters off today just waiting for the new tweaked one and have made an appointment with the gp for Wednesday. Seanamarts thank you for the link. I have looked before but Im not very good with the web. I do know its classed as a disability but I have never claimed for it I just try to get on with it.

Is it best to ask for all of their confirmation to be via email or normal mail?

Edited by kingfisher1
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Thank you everyone, I didn't manage to get on yesterday as I was really poorly and still feeling it (just think the stress got to me) I am sending all of the letters off today just waiting for the new tweaked one and have made an appointment with the gp for Wednesday. Seanamarts thank you for the link. I have looked before but Im not very good with the web. I do know its classed as a disability but I have never claimed for it I just try to get on with it.

Is it best to ask for all of their confirmation to be via email or normal mail?

Your very welcome :)

Ask for replies for both email and snail mail couldnt hurt any :)

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lol didn't want to be rude and say snail mail :). My brain hurts I have learnt so much today regarding shimids.

Edited by kingfisher1
I have no brain cells left!
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Just a quick update, I have just phoned the council to get all the reference numbers I need and unfortunatly I broke down on the phone. The gentleman I spoke to was lovley and advised me to write to them explaining everything I had just told him and also that the bailliff was wrong! Letters all sent so now awaiting replies.

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Just a quick update, I have just phoned the council to get all the reference numbers I need and unfortunatly I broke down on the phone. The gentleman I spoke to was lovley and advised me to write to them explaining everything I had just told him and also that the bailliff was wrong! Letters all sent so now awaiting replies.

You got to talk to some one nice:eek::p

well at least he listened which is a start :)

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Apols kingfisher that I didn't get a chance to re-tweak my letter and add your full conditions. I'm sure you've done it and things will be fine...

Best wishes

Rae

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I have had a reply from the Council this morning saying that the Debt is going to be returned to them. But they are saying that I still have to pay the bailiff costs of £70.50, so does this mean the bailiffs can take the car for their costs as the levy for the council tax debt is on the car? I can't understand why I still have to pay the baillif costs when on the first visit she was aware of the situation so therefore she should have passed this back to the council? Does anyone have an email address for Rossendales? I can't find one anywhere.

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She came round twice, First time was when I made her aware of my circumstances and she said she would leave it for a week or so, she then phoned and said she would leave it until the end of March and we would talk again then but when she did come wound I was in the hospital with my daughter so she levied the car, but it didn't cover the debt it would have only covered the costs. I am so confused now as the council have taken back the debt does it mean the levy is no longer in place? Or is the car now levied against the baillifs fees?

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She came round twice, First time was when I made her aware of my circumstances and she said she would leave it for a week or so, she then phoned and said she would leave it until the end of March and we would talk again then but when she did come wound I was in the hospital with my daughter so she levied the car, but it didn't cover the debt it would have only covered the costs. I am so confused now as the council have taken back the debt does it mean the levy is no longer in place? Or is the car now levied against the baillifs fees?

 

The fees they have charged can be argued - have you sent for a breakdown of them yet? Until you know exactly what you have been charged it is impossible to argue them.

 

PT

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