Rossendales Visits

[intrigue]

A couple of questions

1. Are visiting costs a standard amount ? I have read somewhere that £24.50 is the standard?

2. If they visit more than once should the visit cost increase?

3. When visiting should they a) knock and b) put date and times on the letters they have posted?

 

My position is this 3 years ago rossendales visited and made a £99 council debt into £500 or they would take my car, costs were visits, levying my car and waiting whilst i went and got the cash (the last two was almost £300 of charges)

 

I paid and that was that.

 

Now I have a parking fine which has equated to £94.

They have been once and I had then been and got enough cash to cover £120 for when they came again (I wasnt in)

 

They then came again when I was out and dropped another letter through without a date (no charges mentioned) my mrs was in at that point and they didnt knock just put the letter through

 

They then came again today and again didnt knock just put the letter through, this time claiming

£30 for first visit

£40 for second

£50 for third

 

Totalling £220 for a £94 debt.

 

During this time I have tried to contact him 4 times on the phone and tried to pay the debt online (it informs me to contact the bailiff)

 

Any advice on where to go next is appreciated. I have the cash to pay the debt, but should I pay it then fight or fight then pay?

Thanks

[fork-it]

A couple of questions

1. Are visiting costs a standard amount ? I have read somewhere that £24.50 is the standard?

2. If they visit more than once should the visit cost increase?

3. When visiting should they a) knock and b) put date and times on the letters they have posted?

 

My position is this 3 years ago rossendales visited and made a £99 council debt into £500 or they would take my car, costs were visits, levying my car and waiting whilst i went and got the cash (the last two was almost £300 of charges)

 

1. 1st visit £24.50 , 2nd visit £18

2. Yes, add 2nd visit fee £18

3. Yes they must make an effort to contact the occupier, no, the legislation doesnt provide for dates on letters posted.

 

This happened less than 6 years ago. Make a claim addressed to the council and reclaim all the fees less the £24.50, let the bailiff prove his 2nd visit £18. If the council does not cooperate then you can reclaim it in the small claims track.

 

Example particulars of claim:

 

I received a bailiff acting for the defendant collecting unpaid council tax. The bailiff charged me [£AMOUNT] in fees contrary to the Council Tax enforcement legislation which provides £24.50. The bailiff did not levy any goods and I did not sign any documents. I asked for a refund but the defendant chose not to. I claim i) the sum of [£AMOUNT], ii) Interest under Section 69 of the County Courts Act 1984 at the rate of 8% a year from the date the money became due at the daily rate of 0.00022%, iii) costs allowed by the court for research and discovery of informartion 6 hours.

[fork-it]

 

Now I have a parking fine which has equated to £94.

They have been once and I had then been and got enough cash to cover £120 for when they came again (I wasnt in)

 

They then came again when I was out and dropped another letter through without a date (no charges mentioned) my mrs was in at that point and they didnt knock just put the letter through

 

They then came again today and again didnt knock just put the letter through, this time claiming

£30 for first visit

£40 for second

£50 for third

 

Totalling £220 for a £94 debt.

 

During this time I have tried to contact him 4 times on the phone and tried to pay the debt online (it informs me to contact the bailiff)

 

Any advice on where to go next is appreciated. I have the cash to pay the debt, but should I pay it then fight or fight then pay?

Thanks

 

Your bailiffs arithmetic isnt quite right.

 

The law prescribing bailiffs fees for collecting unpaid parking tickets is Schedule 1 of the Enforcement of Road Traffic Debts (Certificated Bailiffs)(Amended 2003) Regulations 1993.

 

Letter Fee £11.20 - If letter arrives after first visit is made then its £0.00, if a bailiff says he sent a letter, you have a right to see the Certificate of Posting which has been date-stamped by a postmaster. This is not the same as a proof of posting.

 

Levying Distress up to £100 (excluding bailiffs fees but including court fees) - £28 Maximum 3 visits. Correct fee plus fine is £178.

[intrigue]

So is that a visit fee + letter fee as the letters have been hand posted on the visit.

 

So this far I have

Fine inc court fees £94

Visit one £33 i think

visit two £40ish

visit three $50ish

 

Total £220

 

So it shouldn't exceed £178 though. But i can still argue the last fee given that he didnt make any effort to knock etc?

 

Thanks

[fork-it]

You can argue it all if you wanted.

 

If you dont have the money, theres not alot the bailiff can do about it.

[intrigue]

No i do have the money, I just dont want to give them anymore than I have to.

 

Thanks

[nutter192]

oops

Edited July 7, 2011 by nutter192
wrong forum