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One is not required to be a bailiff to incurr certificated bailiff fees.

 

In fact anyone from any, or no proffession with any, or no qualifications may make visits on debtors on behalf of Rossendales and incurr certificated bailiff fees as long as they have the telephone number of a certificated bailiff to hand in the event that someone answers the door before they have a chance to run off. This is in Rossendales own words, in writing.

Anyone with any links to rules and regs in the bailiff industry would be appreciated :?:

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Instinct says they are wrong because:

 

a) A bailiff said it, so probability of 90%+ it's not true.

 

b) Certain regs. DO state the bailiff must be certified to levy distress,(not sure about knocking on the door for visit fees) but bailiff regs are a mish mash of different often vague statutes. Different debt, different laws.

 

The good news is that the new (not yet in force) regs in the Courts and Tribunal Act, DO specify who is entitled to take control of goods all in one document.

 

I'll have to dig deeper to get a definitive answer.

 

I hope someone else can be more helpful.

 

P.S. "in the event that someone answers the door before they have a chance to run off" i like that!

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Just to expand a little, this is Rossendales response at last after 4 Months of avoiding the same query asked of them time and time again concerning the certification details of the 'first call "bailiff"'

 

"I can confirm that Ms ****** ****** was awaiting certification at the time of her attendance, however this does not impede on validity of visits undertaken by her. Should Ms ***** ***** have established contact with you, thereby requiring a levy to be undertaken, she would have been required to call upon the services of a certificated bailiff"

 

I must note that Ms ***** ***** has NEVER held a bailiff certificate and does not hold one to this day.

 

I can't find any legislation backing Rossendales statement, yet equally I am struggling to find anything to contravene what they say in any guidelines or rules.

Which would be the best body/watchdog to contact in respect of this matter? :???:

 

 

Edit; Thanks for your reply TGP. The fact that they avoided coming up with an answer to the question for so long seems a tad suspicious to me.

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the reson for the visit is

 

A. For making a visit to premises with a view to levying distress (whether the levy is made or not):

 

not certificated she should not have been at your door regardless of whether she has a certificated bailiffs phone number on her person or not

 

what are your council saying about this

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Haven't informed the council of this possible little gem as yet Hallowitch, and I'd bet my left testicle that Rossendales did not forward a copy of that statement to the council either.

All other copies of correspondence I've received from them have 'copy to Pendle BC' written at the end, this one does not.

Also I note that in my SAR notes, the non-bailiff Ms ***** ***** claims to have spoken to my son and been "refused entry" (utter fabrication by the way). Therefore, according to her, she attempted to enter my house to levy goods.

+ the amount of correspondence I received from Rossendales claiming that Ms **** ***** is/was a bailiff is enough to sink a ship.

Outright lies and deception all the way.

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send the council a freedom of information request something like

bailiff miss xxx was employed by rossendales to collect council tax arrears on behalf of Pendle council

during her employment

how many times has rossendales bailiff miss xxxx charged a 1st visit fee

how many times has rossendales bailiff charged a 2nd visit fee

how many time has rossendales bailiff miss xxx charged a levy fee

how many times has rossendales bailiff charged a walking possession fee

how many times has rossendales bailiff miss xxx charged a van/attendance fee

 

 

not saying you will get the information but it would interesting to see if you do

 

I suspect that rossendales will have a big problem if you get your answer as all the fees charged by her are unlawful

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Maybe your local Councillor could also help get this info!

 

PT


Please consider making a small donation to help keep this site running

 

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HW has nailed it.

 

Whatever they say, you must argue that the purpose of her visit was to establish whether you were in, with the intent of sending someone else round with a view to levy.

 

EDIT - They have admitted as much in writing.

Edited by Thegreenpimpernel

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... and keep on at PBC - I am still on their case and awaiting my FOI response and have just requested a face-to-face meeting with the council tax office...

 

Plenty more to pass on to them before I am through yet, but the more that are making themselves heard the better.

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