Police let bailiff into my property ***WON - bailiffs certificate removed ***

[brassnecked]

I was going to put that on about the court hearing but thats probs why they are doing this just to be akward this all started in june last yr so its been going on nearly a year now

 

I would pass the complaint to the council BECAUSE, they initiated the bailiff action, and THEY are wholly responsible for the actions of their agent Rossendales, even though they have supposedly called them off.

Explain that you are being illegally harassed, for bailiff fees that are suspect, as there is no liability order or indeed any levy for them to act on. imho

 

Also in your letter to Rossendales, they cannot enforce for their fees alone they MUST take you to county court where they will have to swear as to the validity and correctness of their fees. Given that one of the primary bailiffs they used is up in front of the beak so to speak they may well be reluctant to do this, so gather all evidence, all letters to help you ground a claim of harrasment. If they do call try to film them also, as this IS NOT illegal, and you DONT need their permission.

 

I'm sure others will also give some constructive advice.

[Vicki202]

Hmm yea looks like i am going to have to although i no my answer to it all already ive done my 3 stages of complaints and gone to the Local Government Ombudsman just waiting on a reply

[Vicki202]

Ok Re-done how does this word

 

 

 

For the attention of the bailiff manager

 

I write in regards to your recent letter dated the 6th May 2011 stating NOTICE OF REMOVAL PROCEEDINGS. I am now informing you that should you attempt to enter my property I will have any person/persons arrested and charged for attempting to burgle. As stated and proven on may occasions you nor your company have the power to enter a property without any legal levy’s taking place and to put a legal levy you also need a Liability order issued from a court. I can confirm for the last time that you do not have a active liability order for this address nor do you have any legal levy’s. On more than one occasion I have tried my up most to deal with this with your self’s but no satisfaction you are still trying to bully and scare me into paying you illegal fee’s to which are not owed. Should you wish to carry on trying to collect on the illegal fee’s then you must take it to a civil court. I am also going to speak with a solicitor regarding a complaint of harassment. If your company or staff where competent enough this would all of been dealt with and forgotten about a long time ago. Should you continue to carry on with the bully boy tactics I will be forced to go to the media over your company and not just the bailiff’s involved in this case from previous. Should any further bailiffs turn up at my property I will carry on with a claim form 4 complaint with them as well as the bully bailiff you previously sent. All letters sent and received will be passed to relevant parties as part of formal complaints.

[brassnecked]

Ok Re-done how does this word

 

 

 

For the attention of the bailiff manager

 

I write in regards to your recent letter dated the 6th May 2011 stating NOTICE OF REMOVAL PROCEEDINGS. I am now informing you that should you attempt to enter my property I will have any person/persons arrested and charged for attempting to burgle. As stated and proven on may occasions you nor your company have the power to enter a property without any legal levy’s taking place and to put a legal levy you also need a Liability order issued from a court. I can confirm for the last time that you do not have a active liability order for this address nor do you have any legal levy’s. On more than one occasion I have tried my utmost to deal with this with your selves but to no satisfaction. You are still trying to bully and scare me into paying your illegal fee’s to which are not owed. Should you wish to carry on trying to collect on these fees then you must initiate an action in the County Court, where you will have to swear as to the validity and correctness of the fees. I am also going to speak with a solicitor regarding a complaint of harassment. If your company or staff where competent enough this would all of been dealt with and forgotten about a long time ago. Should you continue to carry on with the bully boy tactics I will be forced to go to the media over your company and not just the bailiffs involved in this case from previous. Should any further bailiffs turn up at my property I will carry on with a claim form 4 complaint with them as well as the bully bailiff you previously sent. All letters sent and received will be passed to relevant parties as part of formal complaints.

 

Have put a couple of suggested alterations in blue, Hallowitch or Rae would be good ones to give this a once over also BN

[Vicki202]

Hmm i like that sounds better im also gonna look through the regulations see if there's anything i can throw in from there.I can remember some little bits but not how they go so fingers crossed i find something

[Vicki202]

Should i put in a copy of the email i got from the council confirming the liability order was paid ?

[natalie]

Ok Re-done how does this word

 

 

 

For the attention of the bailiff manager

 

I write in regards to your recent letter dated the 6th May 2011 stating NOTICE OF REMOVAL PROCEEDINGS. I am now informing you that should you attempt to enter my property I will have any person/persons arrested and charged for attempting to burgle. As stated and proven on may occasions you nor your company have the power to enter a property without any legal levy’s taking place and to put a legal levy you also need a Liability order issued from a court. I can confirm for the last time that you do not have a active liability order for this address nor do you have any legal levy. On more than one occasion I have tried my up most to deal with this with you but no satisfaction. You are still trying to bully and scare me into paying you illegal fees which are not owed. Should you wish to carry on trying to collect on the illegal fees then you must take it to a civil court. I am also going to speak with a solicitor regarding a complaint of harassment. If your company or staff were competent enough this would all of been dealt with and forgotten about a long time ago. Should you continue to carry on with the bully boy tactics I will be forced to go to the media over your company and not just the bailiff’s involved in this case from previous. Should any further bailiffs turn up at my property I will carry on with a claim form 4 complaint with them as well as the bully bailiff you previously sent. All letters sent and received will be passed to relevant parties as part of formal complaints.

 

Just a few minor things

[brassnecked]

Should i put in a copy of the email i got from the council confirming the liability order was paid ?

 

Yes as that shows them you have proof that they are trying to wrongfully collect on the LO for their fees alone imho

 

I would include the fact that their only recourse here is that they initiate an action in the County Court, as they cannot now use the discharged Liability Order, to enforce against you for their fees alone, and that they will have to swear, as to the validity and correctness of the fees. They won't want to do that as if the fees are in any way dodgy, they would get their backside kicked like their unlamented ex bailiff will

[Vicki202]

Ok now have updated and going to send as it is via email and then by post recorded delivery to rossendales will follow up with others when i get 5 mins child free to concentrate

[Leakie]

Good Luck Vicki202

After all the agro you have had, lets hope that they finaly get the message.

if not the Bailliffs and the council will end up paying the price.

Can't help you much myself as I am still learning,

I can only offer Morral support.

 

 

Leakie

[brassnecked]

Ok now have updated and going to send as it is via email and then by post recorded delivery to rossendales will follow up with others when i get 5 mins child free to concentrate

 

I think that moral support can be a great help when you are up against it. Vicki2002, has been treated in an appallintg manner, and I feel that she should threaten the council also, as they are joint and severally liable for the misdeeds of their agent tossendales, who are now trying to bend the rules for their financial gain, as even though the liability to the council is discharged, they should tell the bailiff to cease and desist, if the bailiff continues, the council should still be liable for their continued action, as they passed it to the bailiff in the first place imho.

[ploddertom]

With the present situation between the OP & Rottendales I would be tempted to fire everything at the Council as the Bailiffs may take more notice. I would imagine any letter sent by self to Bailiffs will be ignored and possibly filed in the round cabinet with the lid on.

 

PT

[Vicki202]

Ok i sent the email and have printed off the letter and a copy of the email confirming the LO was paid as they want to carry on with there bully boy tactics its my turn to throw a spanner in the works some of you might remember the charges argument i had some might not but i will post what charges they put on and what the bailiff demanded the day she turned up you may see a diffrence and i still have no explanation as to why she was demanding such a diff amount to what they said owed in charges and the debt i think its time i brought this back up and handed in a statement along with the evidence i now have and look at it on a demanding money by deception maybe

[Vicki202]

Council tax debt including LO £333.81

 

Charges by rossendales

1st visit fee £24.50

2nd Visit fee £18.00

Van attendance Fee £110.00

Levy Fee £35.00

All pay payment fee £1.00

Waiting Fee £60.00

 

This all adds up to £248.50 charges and add it to LO is £582.31

 

The day the bailiff who attacked me turned up she demanded £672.31

 

The first time i questioned this the response i got was from the council and i will type as it says on the letter

 

"On the 21st of June 2010 the bailiff visited the property with the intention of collecting £456.71 on behalf of the council. Initially waiting fee' of £180.00 were charged to reflect the time that the bailiff was at the property but they where later reduced to £60.00 to charge only for the waiting time prior to the police been called to the property."

 

all very different amounts if you ask me Rossendales denied her asking for a different amount but i have the envelope she wrote the amounts on as she finally agreed to taking 2 payments and again as she wrote it on the envelope

 

"B4 3.30

£336.31 on 23rd

£336- on 7th

 

Miss ******

Number ***********"

 

anyone work that one out lol i no how much a drift it is and i think these bullies should suffer as much as poss

[Vicki202]

Good Luck Vicki202

After all the agro you have had, lets hope that they finaly get the message.

if not the Bailliffs and the council will end up paying the price.

Can't help you much myself as I am still learning,

I can only offer Morral support.

 

 

Leakie

 

Thankyou hun every little bit helps

[hallowitch]

Van attendance Fee £110.00

levy Fee £35.00

Waiting Fee £60.00

 

so they are looking for the above fees plus the £7.50 from the visit fees

they have no notice of seizure or should i say rossendales or any bailiff has never produced a notice of seizure with your car registration number

 

As for the council well its no wonder bailiffs get away with charging what they like:mad2::mad2:

[Vicki202]

Exactly but what gets me is in toltaly even if the charges where chargable why is it that it would of been £582.31 yet she was demanding £672.31

[brassnecked]

With the present situation between the OP & Rottendales I would be tempted to fire everything at the Council as the Bailiffs may take more notice. I would imagine any letter sent by self to Bailiffs will be ignored and possibly filed in the round cabinet with the lid on.

 

PT

Agreed PT they are ultimately responsible for the bailiff action, and are therefore jointly liable in any action for the bailiffs misdeeds, and therefore are potentially joint defendants.

[boggey1]

Rosendales funny neibour just had a run in with them threaten to put there dog down, call local radio ,have someone in a suit taking notes of record em, never open door to a balif ,not very british i know but they act like tits ,chin up call your mp you pay em so use em

[Vicki202]

Just had local newspaper on fone considering this as a storey

[hallowitch]

Just had local newspaper on fone considering this as a storey

 

 

WAY TO GO GIRL (however i wonder if you should wait till after the form 4 complaint perhaps the reporter would consider going to court with you )

 

when you speak to them remember that the council tax administration and enforcement regulations(regulation 45 distress) is very clear on the levy procedure

(5) The person levying distress on behalf of an authority shall carry with him the written authorisation of the authority, which he shall show to the debtor if so requested; and he shall hand to the debtor or leave at the premises where the distress is levied a copy of this regulation and Schedule 5 and a memorandum setting out the appropriate amount, and shall hand to the debtor a copy of any close or walking possession agreement entered into.

[Vicki202]

He is going to speak with his boss and give me a ring back however in the mean time i am going to resend them a email with this thread on so they can read for themselves what i have gone through i had told them where i got my help from so maybe some well deserved paperspace for CAG to i have also told them that i have the pictures of my injuries

[Vicki202]

Afternoon all response from rossendales some help with a reply would be great. Will highlight what i can in another colour if it helps

 

 

We Thank you for your email dated 10th May 2011, The contents of which have been noted.

 

As previously confirmed, while our records show the orginal amount due to the council has been paid, Prior to this payment been made fees where legally incured on you account. You are therefore still liable to pay these fees.

 

Please note the council tax ( Administration and enforcement ) regulations ( so they do actually no they exist then ) stipulate any sum paid shall be used to discharge the costs and charges first, and then the outstanding balance due. Therefore any payments received would be allocated to the costs incurred on your account first followed by the council tax amount due. However as you made a payment directly to the council, for administration purposes we have allowed your payment to remain with the council.( this is the first i no of anything staying with the council i have email confirming LO is paid and have sent them a copy along with the simple PNC check i did to show the car reg they have is diff to my car )

 

Our records show following your payment of £220.00 in September 2010 to the council, you where advised the balance of your account remained outstanding, and we allowed you time to pay this, and subsequently agreed the outstanding balance to be paid in two instalments, although no payments where received.

 

I note we have previously confirmed proof of third party ownership for the goods levied on is required to relinquish possession of the goods. The fees incurred on your account therefore stand as at today's date this has not been received.( i am assuming this is the convo had with someone from there office and them wanting proof from DVLA which i am not doing they can do there own dirty work )

 

If you would like us to consider an instalment arrangement,( am sending them £6.50 was gonna be 7.50 but they added a extra £1.00 charge on for me using paypoint ) we will require a full financial statement detailing your household income and expenditure, with proof of all household income. This may be by way of copies of wage slips, copies of award letters for income support, job seekers allowance, incapacity benefit, Council tax & housing benefit child benefit, child or working tax credits or any other income you, your partner or family member receive.( i dont feel i should have to do all of this when they are claiming illegal charges )

 

If we do not receive payment in full or the above requested information , within 14 days of today's date, we will have no alternative other than to proceed with action.( I informed them if they attempted to enter my house i will press charges for attempting to burgle)

[hallowitch]

As you will be aware the council tax ( Administration and enforcement ) regulations clearly state

 

The person levying distress on behalf of an authority shall hand to the debtor or leave at the premises where the distress is levied a copy of this regulation and Schedule 5 and a memorandum setting out the appropriate amount, and shall hand to the debtor a copy of any close or walking possession agreement entered into.

 

to date i have not received such a document if you insist this document does exist please forward me a copy

If a dvla check has been done regarding a vehicle levied against my debt please provide the date of this check and copy of the report confirming i own said vehicle

[hallowitch]

Only a judge can insist on this (or the council for council tax) don't even give them the satisfaction of a reply to that

 

 

we will require a full financial statement detailing your household income and expenditure, with proof of all household income. This may be by way of copies of wage slips, copies of award letters for income support, job seekers allowance, incapacity benefit, Council tax & housing benefit child benefit, child or working tax credits or any other income you, your partner or family member