Rossendales- Bailiff letters and it's not my debt!

[nickt1976]

Hi,

if anyone can help please do this is for my wife's son.

Here is a short version of events, He is being persued by this company for non domestic rates of a shop He does't own and has never owned in his life. He has told this company that he has never owned a shop when they called, to his father's where he lives and they don't seem to take this in.

 

In January he got a letter headed BAILIFF REMOVAL, Magistrates liability order/Distress warrant for unpaid non domestic rates for £335.31. Today he got another letter headed NOTICE OF BAILIFFS ATTENDANCE amount £1934.66.

 

Please if anyone can tell me what to do next I would be greatful and he will be too!

thank you

[ploddertom]

Has he tried speaking to the Council? The bailiff is an agent of the Council and carries out their instructions - absolutely pointless talking to the hired help.

 

PT

[nickt1976]

Hi ploddertom

Yes he did talk to the council but, as you can see it has made no difference, they are still sending letters.

[ploddertom]

Somehow or other they have his details. You say he has never owned but does he lease/rent the premises? Are the premises local to him or does he live miles away?

 

PT

[nickt1976]

Hi ploddertom,

No he has never owned/leased/rented the premises or any other shop/premises. He lives miles away about 8 miles

[ploddertom]

In that case he does need to speak to the Council. He should make an appointment to see the Head of Revenues - pointless dealing with the ordinary Council minions. If any hassles after this he should contact his local Councillor(s) for further help & if all else fails a Formal Complaint should be submitted to the CEO.

 

PT

[nickt1976]

This has been going on since 08.

He had a visit from Rossendales, he explained that he didn't own and has never owned the shop,or any other premises

he showed the guy his bank account trying to show him the only money coming in was from his job. the guy said he believed it was a mistake and that he wouldn't hear from them again

He contacted the council, which he had worked for previously, they said we've probably typed the person's name in [same name as my son] and accidently put your address in, they said they would take it off, this was July 08.

He received nothing untill January this year

Is there anything he can send to stop these people coming to his father's house and put an end to this.

Edited March 14, 2011 by nickt1976
missing info

[brassnecked]

If this has been going on since 2008 and you have the evidence, you could try the police, and at least send the Council CEO and, Rottendales a letter before action, copied to the Council leader, local councillor, and MP citing the unreasonable behaviour.

You are at stalemate as they do not accept that there is a case of mistaken identity, so the letter should state that you have tried without success to sort this out, and you will be taking advice asto how to ground an action against the council, and their agents the bailiffs as jointly and severally liable for the criminal harrassment.

 

Others may be able to advise further, but as this problem is 3 years old and ongoing there needs to be some sort of wake up call for their woeful system

[nickt1976]

Thank you brassnecked,

will do this, he thought it was all sorted out as he didn't hear from anyone until Jan this year.

Wouldn't he have had rate demands before the baliffs called, the only time he knew anything about this shop/premises was when the baliffs turned up in 08 no demands nothing,

[nickt1976]

Hi,

 

An update to this situation.

 

Sent a letter to the leader of the Council, copy to Rossendales,local MP and local coucillor asking them to look into this situation and bring an end to it. He also said in the letter it was criminal harrassement and that He was seeking advice asto how to ground an action against the council and their agents [Rossendales] all the above advice He was given.

He's had a reply from Rossendales.

 

http://s1183.photobucket.com/albums/x461/padsworthy10/?action=view&current=rosendales.jpg

http://s1183.photobucket.com/albums/x461/padsworthy10/?action=view&current=rosendales2.jpg&newest=1

 

any advice will be greatly appreciated.

[brassnecked]

Time to revisit these people with another letter. It is best to post up a draft so that Caggers can help fine tune it. Looking at the reply from rossendales, did you use the Freeman Common Law trumps Statute argument?.

 

I would email followed by hard copy, to the CEO and all the others including MP a letter marked FORMAL COMPLAINT, noting that you will progress this to the local Government Ombudsman. ., along the lines of

 

"Despite our previous correspondence your agents, Rossendales, with whom you are vicariously liable both jointly and severally for their actions, have continued to press xxxx for payment of a debt on property address in which he has never had any interest by lease rental, or any other means. This continued pursuit may well amount to Criminal Harassment contrary to Section 40 of the Administration of Justice Act which:

 

"makes it a Criminal offence for debt collectors to make demands for debt payment frequently or “subject him or members of his family or household to alarm, distress or humiliation"

 

This test is satisfied by virtue of the continued pressure to pay for a debt he doesn't own causing undue distress as they have ignored all evidence to the contrary and continued their now vexatious action.

 

Their actions may also fall foul of The Protection from Harassment Act 1997, under which It is an offence to “Cause harassment, alarm or distress” which must happen on at least two occasions and can be verbal or written.

 

We consider that the actions of your agents Rossendales who continue pursuit in the face of evidence to the contrary does in fact amount to harassment contrary to the law, so will be seeking redress by initiating a complaint with the police, and as Rossendales hold a Consumer credit Licence, Trading Standards

I had hoped to sort this matter out in an amicable and timely manner, but your agents continued action now means I must progress this complaint to a higher authority.

 

Yours faithfully

 

Aggrieved wrongfully chased person

 

Other Caggers can add to and dissect this skeleton for better impact also, or completely change it for something better, but it is a start for your consideration to sort this situation out.

 

This one may well need advice from tomtubby, ploddertom, hallow and the others. Tingy and Fork-it, and Greenpimpernel may also have something useful to add imho

[nickt1976]

Hi brassnecked,

 

thank you so much for your reply, they sent with this letter three more, in the same envelope, advising that the account is with the van baliff who will be attending his dads property with a view to collecting payment in full. Two had same ref. number the third was different ref. number,

 

Will be using this letter if anyone else has any input please feel free. Thank you once again brassnecked

 

Nick

[brassnecked]

Hi brassnecked,

 

thank you so much for your reply, they sent with this letter three more, in the same envelope, advising that the account is with the van baliff who will be attending his dads property with a view to collecting payment in full. Two had same ref. number the third was different ref. number,

 

Will be using this letter if anyone else has any input please feel free. Thank you once again brassnecked

 

Nick

 

I think in light of the bailiff with a van possibly attending to levy on your parents address they need to swear a Statutory Declaration, as to the ownership of "goods and chattels" in and around the premises, to render any attempted levy unlawful. I think this can be done by Notary or at the magistrates court and costs around £10.

 

It is better to be safe as obviously tossendales are as driven in their desire to blindly collect even off the wrong person, as a pit bull is to hang on to that bone. Other Caggers will be more knowledgeable.

[hallowitch]

I would subject access request the council

[nickt1976]

I think in light of the bailiff with a van possibly attending to levy on your parents address they need to swear a Statutory Declaration, as to the ownership of "goods and chattels" in and around the premises, to render any attempted levy unlawful. I think this can be done by Notary or at the magistrates court and costs around £10.

 

OMG what does that mean and what does he have to do?

 

Nick

[brassnecked]

Your father swears in front of a solicitor or magistrate that all property in the house is belong to him/your mother, there is nothing of yours there, if the bailiff turns up they give him a copy of the stat dec, and any levy for the debt is unenforceable. this will prevent an illegal levy and the bother of reclaiming the unlawful fees. I found this template courtesy of a post by wonkydonky, that gives the general idea.

 

STATUTORY DECLARATION

I,_______________________ _____ ______________

address__________________ _________________________ ______

_________________________ _________________________ _____

make the following declaration under the Statutory Declarations Act 1959:

 

All items contained within the property at the above address and within it's boundaries, are owned by Mr XXX XXXX . There are no items within the property or it's boundaries belonging to any other person.

 

I understand that a person who intentionally makes a false statement in a statutory declaration is guilty of an offence under section 11 of the Statutory Declarations Act 1959, and I believe that the statements in this declaration are true in every particular.

 

Signed:

 

Declared at___________________on__ ________________of 20___

Before me,

 

A SAR request to the council as suggested by Hallow, is well worth the £10 to identify exactly what data they are reliant on to keep chasing you.

 

I'm sure others will be along with further advice.

 

[nickt1976]

thank you brassnecked and hallowitch for your reply

 

will do as you have said in posts above. Had replies to emails from the leader of Council and MP who are looking into this matter with urgency, so hopefully things now will get settled and they'll leave him alone after 3 years, but we want it in writing it's over so if they come back in another 3 years we have something to give them.

 

thank you again

 

Nick

[ploddertom]

+ how much they will pay for all the hassle etc!!

 

PT

[brassnecked]

+ how much they will pay for all the hassle etc!!

 

PT

 

They shoul offer a payment for the time and trouble taken to challenge their wrongful actions imho

 

A plan would be to involve the press possibly. The police also need to be shamed into investigating the council and the bailiffs on a charge of Criminal Harassment, not that they will as if the bailiffs call and the police are called by the bailiff, going on past cases, they will insist on the wrongful levy going ahead and force Op to allow the bailiffs in.

[nickt1976]

They couldn't, and neither could my son, put a price on all the worry this has caused, bombarded daily sometimes with letters hand delivered.

 

how can this happen? no paper work from court to say it was going to court or been to court. Has it all gone to the right address/ owner of the debt maybe

 

His dad rang local court, appointment in the morning for statutory declaration £25

 

thank you brassnecked and ploddertom

 

Nick

[hallowitch]

His dad rang local court, appointment in the morning for statutory declaration £25

 

a solicitor will do it for £5/10

 

i would hang fire until the council come back with there response before you do the stat dec

[nickt1976]

In 08 when this first started, my son and his father went to the address of the shop and enquired in the shop where the owner lived, they were told he lived above the premisses in a flat, Rossendales were told this information and did nothing about this and just went on harrassing my son.

 

Nick

[nickt1976]

Thank you hallowitch for that information, will inform his dad, I think they will wait a couple of days and see what transpires, because our MP has asked for Rossendales address too, so she can contact them personally.

 

Thank you once again,

 

Nick

[brassnecked]

Thank you hallowitch for that information, will inform his dad, I think they will wait a couple of days and see what transpires, because our MP has asked for Rossendales address too, so she can contact them personally.

 

Thank you once again,

 

Nick

 

Hopefully tossendales will wake up and smell the coffee when the MP contacts them, I would still be wary and a bailiff still could turn up in the meantime

[hallowitch]

If it turns out that they still think he was the Tennant then you subject access request the council because you never know what thats going to show after all they think your son is him so If the person liable for this debt applied for a rebate there will be copy's of forms tenancy agreement you may even get the details of the bank the payments were made from his phone number when the account mysteriously went from him to your son

 

then when you find the proof demand the council to put in front of a judge