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Hi, I have made a couple of previous threads here and here about a Rossendales bailiff. The debt was for a £80 PCN which has risen to £400+ due to three attendance charges of £25, £35 and £45, a £65 levy charge and a £165 van fee added at the same time as the levy.

 

They claim to have levied on my wife's car (the debt is in her name) but no notice of seizure was left. We have complained to the Executive of the council and Rossendales. The reply from Rossendales backed up the bailiff but stated that she is adamant that she posted a distress notice when she levied on the car. This is still not a notice of seizure so have they unwittingly admitted that the levy is invalid. All that was posted was a Magistrates Liability Order/Distress Warrant which is what I believe they were referring to.

 

Im not sure what to do now as they could surely draw a notice of seizure up and add it to my paperwork if I make a complaint about not receiving one. Should I do a SAR first and see it that comes back without a notice of seizure?

 

Also the reply that we received from the council was from the parking office and not the executives office and did not take issue with any of the complaints that we had about the bailiff (ie. sitting outside the house until my wife came out with the kids, so she could levy on the car, unreasonable charges, unvalid levy). They simply contacted Rossendales for a list of charges and listed them on the letter saying we had to pay them.

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1. Council

 

Reply to them, say that you are making a formal Stage 2 complaint because their previous response was not adequate. Give full chapter and verse as to why not, and tell them you want it dealt with properly this time, otherwise you will not hesitate to take it to the Chief Executive, and if necessary the Local Government Ombudsman.

 

Top sheet to the Council's complaints unit (find out from the switchboard what they call it), copy to the Chief Executive, headline the letter "Stage 2 formal complaint".

 

2. Charges

 

They can't charge you three attendances to levy plus an actual levy -- the law says the maximum is three in all, i.e. two plus a levy. So the £65 can go.

 

The van fee is also wrong. They can only charge you at the removal stage for something they have done at the removal stage. Your bailiff hasn't done anything new - like bring in a tow truck or something, so there's no new cost that she's incurred that she can bill you for.

 

Also, per Culligan, the removal stage only starts once you've been notified, and been given a reasonable chance to pay. That hasn't happened.

 

 

As to the contested levy, you can certainly run that it never happened. In court it would end up as your word against theirs. They'd need to produce some kind of evidence at that stage that it really had happened to have it accepted as a fee. After all, you don't even know that the lady came to the right street.

 

On the other hand, whatever happens they can only charge a maximum of one fee between them for the levy and the third visit. So if they and you accept the third visit happened, to some extent that makes it academic as to whether there was a levy.

 

No harm in an S.A.R. to see what their evidence is both for the third visit, and the levy. If they're going to invent something for an S.A.R., they'd invent it for court anyway. But mostly I think it's just treated as tiresome admin: xerox the file and put it in an envelope, handled without any brain being put in gear, by the cheapest person in the office.

Edited by JH101

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