Rossendales..... Unhelpful as ever.

[GetOffMyCase]

Ok so a few weeks back I came home to find my car clamped...... They wouldn't say who they were, just sat in their van being arrogant.

 

So I came in the house and my OH says they are bailiffs..... Me panics thinking what the heck for? So I ring the council tax and they say yes I owe £324.... From 2007?!?!

 

So go outside and they then tell me who they are however the debt is not mine, and that if I get some proof the car is mine they'll remove clamp.... So get v5 and they say this is not proof of ownership.

 

Anyways an hour later they tell me it's my partners debt for a previous address, and they aren't leaving.

 

I then call my grandad, who pays the bill to get the clamp off, as they said tow truck is on way to take my car!!

 

That bill was £891!!!! Ouch! Oh £300 of that was charges!!!

 

Forward 2 weeks, guess what comes through last weds.... Rossendales letter re: my £324 that I was go bs pay end of this month anyways, only now I can as I've had 2 visits worth of charges.

 

When he made 1st visit I called him and said if you wait till 29th I'll pay it, bailiff said this is not good enough. He gave me 3 options, pay it now, let him in do possession thing and instalments (not million years!), or leave it and they'll seize goods.

 

So forward to Friday just gone, got a 5 day notice.

 

Firstly what does this mean?

 

Secondly, what shall I do? I'm happy to pay council £25 a week, or in full at end of month.

 

Will they come after my car again?

 

P.s I never even open the door to these people.

[king100]

Ok, just a quick questions others will help more, did you live with your partner at said address in 2007 where the council debt was for? As you are jointly liable even I your name is not in the bill.

 

Is the car yours? Is it registered in your name? If so and you did not live there at time of said debt then they cannot levy on your car?

 

Also I don't think that there is a provision to charge you a fee for a tow truck charge.

 

I do know that you will need to write a letter asking for a breakdown of the charges and then the experts can guide you from there

[king100]

You have already paid £800 and they want the £324 for council tax and 2 fees as well? Is that correct?

[brassnecked]

They are after stitching you up like a kipper, you may need to send the bailiff company a letter like this:

 

Here is something I culled from a post by hallowitch, (thanks hallow and everyone else) don't know if it is what you are looking for but it may be of use

 

Name

Address

bailiff Ref: Account No: 123456

Council Ref No: 435672

Date

Dear Sir,

With reference to the above account please provide me with a breakdown of all fees charged and payments made for the above account

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - The reason for the fee.

c - The name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - The name(s) of the Court(s) the Bailiff(s) was/were certificated at.

e - The date of the Certification.

This is not a Subject access request under the Data Protection Act S7 1998 so does not incur a fee of £10.

The National Standards for Enforcement Agents state that if a written request is made an itemised account of fees will be provided.

Please provide the information requested within 14 days of this E-mail /recorded delivery letter

Yours faithfully

Ripped off customer"

 

And also if this is council tax, phone and write to the council asking

 

1 How many liability orders they hold on you

 

2 How many tax years have they got liability orders for

 

3 when they were obtained

 

4 when were they sent to bailiffs for action, then you can compare the figures and see where the bailiffs have been loading fees up

 

others will be along with further advice I'm sure

[GetOffMyCase]

The first debt which was my partners was only in his name, for an address he lived at with a previous partner 3 or 4 years ago.

 

It was actually split in 2 by the court and he paid his half, they prob couldn't find her, so came back for the rest, he paid his on an attachment of earnings. (that's the £800 debt)

 

The current debt they are chasing, is for me only from 2007, tbh I can't understand why it's not paid, I've paid all other council tax.

 

 

Can they actually tow my car away then, or do they just clamp it?

 

I'm in Ipswich, Suffolk.

 

Most annoying as I was only asking for an extension of 9 days but he said it was totally unacceptable

[king100]

Did you get any reminders for the 2007 council debt?

 

Do as brassnecked suggests, Ipswich I'm not too far away from you as used to work in Ipswich, so maybe 30mins drive.

 

Did they lump the charges for clamping on your partners debt, as if car in your name you are not liable for his debt, so all charges should be given back. Did they charge you 1st and 2 nd visit fees when they came for you partners debt and charge it to your debt?

[GetOffMyCase]

My partners debt we had no letters for, I assume it was a first visit, as had nothing previous. Oh and he was putting the charge up for every 30mins he was sitting there.

 

I will write to them tomorrow for a breakdown as it never occured to me that I have no idea what the charges were for.

 

I am more worried they will be back to clamp my car again for this £324 though.... Is that likely? Although I've had a different baliff this time.

[king100]

Lol no provision for waiting time for collecting council tax debt.

 

Move your car away from your drive, park at least 5 mins walk. Do not let bailiff in and keep all doors and windows locked.

[GetOffMyCase]

Ok. Thanks.

 

How long will this can this go on for? I'd quite like this debt back with the council for payment.

 

Am going to chase my partners debt up, and find out what I've been charged for exactly, my grandads told me it was £891.64 in total :/

[king100]

For now write off for breakdown of charges!!

 

Then the experts will arrive and help, as all I know is from reading posts on here, but I do know a bit and know thy are taking the ****, also I would read the sticky at the top re levy a car not owned by you, as in essence that is what has happened.

[brassnecked]

Once you have the breakdowns and can check the figures, you may need to initiate a Formal Complaint copying it to the Council CEO, elected leader, your ward councillor and MP, as no doubt some of the fees will be dodgy, and therefore you can challenge them, remind the council they are vicariously liable both jointly, and severally in law for any wrongdoing by their agents tossendales

[dx100uk]

how did this get paid?

 

if by a card do a chargeback now

 

http://whatconsumer.co.uk/visa-debit-chargeback/

 

regardless of if its your debt or not

 

rossers cannot do this

 

there is a set process of fees/visits

 

this is outrageous at the very least

 

you need to ring the head of the council enforcement team tomorrow first thing

 

THEY are responsible of the actions of the bailiffs they employ

 

complain complain complain.

 

dx

[brassnecked]

GetOffMyCase, Bear in mind your partner should also complain as he has to apply for refund of the fees for the wrongful levy on your motor, as I understand it, and also he should send Formal Complaints in about his portion of the charges applied, imho, others will know more but i think tossendales are way out of order, and need a figurative slap.

[GetOffMyCase]

When they clamped my car I did speak to the council enforcement team, they did say if I prove ownership the bailiffs will remove the clamp.

 

When I showed the V5 they said this wasn't proof, and I tried to call their office and make complaint but couldn't get through, it was caller busy.

 

I also asked the bailiff in the van to call their office, they told me they were unable to do this.

 

I'm really annoyed about it.

 

Can I email them the above letter to sort this out? If so what is the address I should send it to?

 

Thanks.

[hallowitch]

you send the above letter to rossendales and the revenues department of your council this can be done by e-mail

[GetOffMyCase]

Ok.... Update:

 

Have started proceedings for a chargeback on the card, for the first debt.

 

Have rung council found that these are the only debts, and after making an absolute complaint re: Rossendales harrassing me with a disabled child, and also my 70 year old grandad. They have called my £324 back and I've paid it, they have removed the charges.

 

Also have found out that my partners debt was actually £534, and they put £256 on as charges, for visits I never had before a van!!

This debt was his ex's!! Argh!!!

The council have received payment for it.

 

I have kicked up such a fuss.

 

Also asked the council if it's normal for bailiffs to sign paper work with an "X" ???

Which is what this one in particular has.

[GetOffMyCase]

Thanks hallowitch, I've spoken to council, so just need to email that over to Rossendales now.

[hallowitch]

Ok.... Update:

 

Have started proceedings for a chargeback on the card, for the first debt.

 

Have rung council found that these are the only debts, and after making an absolute complaint re: Rossendales harrassing me with a disabled child, and also my 70 year old grandad. They have called my £324 back and I've paid it, they have removed the charges.

 

Also have found out that my partners debt was actually £534, and they put £256 on as charges, for visits I never had before a van!!

 

 

the most your partner can be charged is £24.50 1st visit fee and £18 2nd visit fee

This debt was his ex's!! Argh!!!

do you mean the debt was incurred after he moved out

 

The council have received payment for it.

 

I have kicked up such a fuss.

 

Also asked the council if it's normal for bailiffs to sign paper work with an "X" ???

 

Which is what this one in particular has.

 

this is a big no no the bailiff should have signed it with his name

[GetOffMyCase]

I didn't think he was, I did ask the council if he illiterate, he hasn't put his name on anywhere.

[Cyberprog]

this is a big no no the bailiff should have signed it with his name

 

Well, not really mate, he can sign it however he wants. He may be required to *print* his name also however.

[hallowitch]

Well, not really mate, he can sign it however he wants. He may be required to *print* his name also however.

 

print or sign makes no difference the bailiffs name should be on all paperwork left at a debtors property

[GetOffMyCase]

I have emailed rossendales, although i had to send it through their contact sheet on there website, thinking I may also print and post it recorded.

[Cyberprog]

Well, not really mate, he can sign it however he wants. He may be required to *print* his name also however.

 

print or sign makes no difference the bailiffs name should be on all paperwork left at a debtors property

 

If he is required to leave his name, it should be printed & legible - it's a slightly different kind of requirement to a person leaving "their mark" i.e. a signature which could be an X if need be.

[GetOffMyCase]

I can advise that the First Call Bailiff, Mr Jxxx Wxxxxx, attended your property on Wednesday February 9th 2011 at 12:57pm, a first visit fee of £24.50 was incurred for this attendance. *A second visit was made on Tuesday February 15th 2011 at 15:27pm, a second visit fee of £18.00 was incurred for this attendance. *A third visit was made on Friday February 18th 2011 at 15:04pm, no fee was incurred for this visit. Mr Wxxxxxx was certificated at Burnley Combined Courts on 12th July 2011, please note that certification lasts two years and Mr Wxxxxxx was recently re-certificated.

*

As we received no contact from you following the attendance by the First Call Bailiff, the case progressed and was allocated to the Enforcement Bailiffs, Mr Bxxxxx Nxxxxxxxxx and Mr Axxxxx Rxxx. The Enforcement Bailiffs attended your property on Thursday June 2nd 2011 at 9.00am with the intention of collecting payment in full. Fees incurred for this visit are £43.00 levy fee, £110.00 attendance fee and £60.00 waiting time. Mr Nxxxxxxxxx was certificated at Burnley Combined Courts on 1st December 2010. *Mr Rxxx was certificated at Burnley Combined Courts on 22nd June 2010.

*

All fees are charged in accordance with Schedule 5 Council Tax (Administration and Enforcement) Regulations 1992 as amended.

*

Yours sincerely

[Cyberprog]

Here's Schedule 5:

 

http://www.legislation.gov.uk/uksi/1992/613/schedule/5/made