Jump to content


Please note that this topic has not had any new posts for the last 3746 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi, firstly thanks for a great site. I have gained alot of helpful information but have a few specific questions regarding bailiffs. I'll try to include as much about our case as possible.

 

My wife has just had a final notice from Rossendales for a unpaid parking charge from Newcastle Council. We remember getting a letter from the council saying that we had to pay £60 which we were going do but the letter got tidied away and forgot about (silly I know).

 

In March we got two hand delivered Notice of Attendance letters from a bailiff. We phoned Rossendales and arranged a payment plan for £167. It was something like £35 over the phone and then £45 for three months. My wife was under the impression that this would be a direct debit and we then forgot about it.

 

On 10 June we received a Baliff Removal hand delivered letter (that was incorrectly dated 10/05/2010) that stated payment was due in full in 24 hours. We phoned the bailiff twice and left answerphone messages but got no reply. When we contacted Rossendales and they just said contact the bailiff.

 

Then yesterday (21/06/10) we got a final notice hand delivered letter. My wife phoned Rossendales and explained that the bailiff would not answer or return calls and as the letters had no amount she asked for the total which is now £400+. They put us through to the bailiff who miraculously answered her phone and she explained that the extra charges were £138 + VAT for a van fee which she admitted was her own van, and £45 + VAT for a levy on our car. There was no notice that she had levied on the car before of after. Is that allowed?

 

Also when questioned about the high van charges she said that they were the standard charges for PCN cases. Also the first bailiff in March charged £28 for the first visit, £35 for a second and £45 for a mysterious third. This time she said that these are set charges automatically added for the visits by Rossendales via the bailiffs GPS system.

 

We have moved the car somewhere else now and are thinking of changing ownership but Rossendales said this was illegal this morning when we contacted them.

 

Here is what the final notice says:

 

FINAL NOTICE

MAGISTRATES LIABILITY ORDER/DISTRESS WARRANT FOR UNPAID ROAD TRAFFIC DEBT

I MUST NOW GIVE YOU 24 HOURS STATUTORY NOTICE OF MY INTENTIONS TO RECALL AND REMOVE YOUR EFFECTS, SUFFICIENT TO SATISFY THE DEBT AND COSTS

 

To keep costs to a minimum, I ask that you contact me to arrange a time suitable for us to be allowed access to your premises.

 

Should you wish to avoid this distressing course of action, and the resulting costs incurred, please contact me immediately on ££$$%%^^$ to arrange full payment of your outstanding debt.

 

 

I have tried to include as much as I can, sorry if it is a bit long winded.

 

What I would like to know is:

 

The bailiff said she would take posessions even if the car was not there. She has not been in the house and I explained that she would not get peacefull entry, but she said 'I'll get what I need in the next week'. If she can't get the car can she get into the house?

 

Is it illegal to change ownership of the car if it has a levy on it?

 

Are those charges all standard for a PCN?

 

Can they do a levy on the car and not give us any notice. We were only told from the Rossendales adviser over the phone that the car had been levied, not by the bailiff.

 

Is there any action I could be taking?

 

Im sure I'll think of a few more, but if your reading this thanks for sticking with it.

Edited by Lebz
Link to post
Share on other sites

If you have not been left a notice of seizure of goods and inventory then there is no legal levy on the car

 

seeing you get in and out of the car with your children does not constitute a valid levy

 

A formal complaint about the conduct of this bailiff should be made to the chief executive of your council

she should not be discussing things with you regarding another debtor

 

can i ask you to remove her name from the post on vicki202 thread its not uncommon for bailiffs to read these forums

 

I have to say she sounds like a particularly nasty person

 

Is your car on finance /HP

Link to post
Share on other sites

Thanks for the reply, I have removed the name from the other thread.

 

Who should I ask about the Notice of Seizure? Should it be the bailiff or Rossendales over the phone. Also does that mean that there should not be a levy charge and van fee?

 

The car is fully paid up in my wifes name.

Link to post
Share on other sites

when a bailiff levy goods they must leave you a notice of seizure of goods and inventory at the time of the levy when its a car they can Post it through the letter box

 

as this was not left there can be no levy

 

because she has levied and you have failed to keep to an agreement she has charged a van fee

 

however i would question the agreement if you received nothing in writing from rossendales to confirm an agreement was in place

giving you the date payments were to made the amount of the payment and the method of payment

this notice would give you the goods levied the date/ charges and name of the bailiff

 

your complaint should be a formal complaint addressed to the chief executive of your council and a copy sent to rossendales

Link to post
Share on other sites
because she has levied and you have failed to keep to an agreement she has charged a van fee

 

So if the levy is invalid this means that the van fee should not have been put on as there was nothing to collect?

 

My wife is the registered keeper of the car and it is paid in full. This is what is worrying us as if she does take it it is worth about £3750, would we get any of that back. The car has been moved to another address for the moment though.

Link to post
Share on other sites
So if the levy is invalid this means that the van fee should not have been put on as there was nothing to collect?

correct

 

 

you will see a letter on vickis thread to send to send to rossendales to get a breakdown of fees send it by recorded delivery

add to it that she informed you by telephone that she had levied your car

however no notice of seizure has been left ask for a copy of this

 

Iam in the process of writing a formal complaint to the council for vicki

it will good that you are both sending complaints about the same bailiff

 

the reason these bailiffs are still employed by your council is because any complaint made is not a complaint unless it is sent as a formal complaint to the chief executive of the council

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...