Rossendales..... Unhelpful as ever.

[1Loretta]

It may be worth a go

 

A complaint to the magistrates naming the council as defendant as you are aggrieved by the bailiffs levy, in this case lack of levy or liability, giving them any right to enforce against you, the council are wholly responsible for the actions of their agent, tossendales, so they are named as the defendant. if you contact the council telling them you are doing this as the dogs that should have been called off are still snapping at your heels, send an email and copy your MP in imho to back up any phone call which you should record if you can

 

Others will be able to advise further,

 

I looked up my MP's contact details and the email address given on his website is incorrect - it just gets better!!

[brassnecked]

I looked up my MP's contact details and the email address given on his website is incorrect - it just gets better!!

 

use http://www.writetothem.com, they will be able to send a letter direct to your MP

[Pootling]

Fascinating thread - thank you folks!

I have rossendales back in my life at the mo... nasty arrogant little man who tells me he is back on friday to remove my furniture .. we shall see.

As a new one on here, Im just looking around, absorbing advice and when I find the energy, will post about it too.

 

Sorry you are having a ****ty time with R'dales and really impressed with the advice here. x

[GetOffMyCase]

Have replied to the MP, with everything brass necked has said, including the copy of the ombudsmens report.

 

Have received a reply from the council this morning:

 

Thank you for your email dated 31 August 2011 which has been registered as a complaint under the Council's complaints procedure. This procedure allows 20 days for a complete response to be sent to you. I will now investigate your complaint thoroughly and respond appropriately within this timescale.

 

Yours sincerely

Jx Axxxxxx

Revenues Manager

[GetOffMyCase]

Should I wait for the 20days to receive a reply from the council regarding the complaint, or just reg 46 this after then 7 days are up?

[wonkeydonkey]

Yes you should allow them the 20 days, they have to be given some "reasonable lee way to make a reply, if you act under reg 46 without giving them that chance it won't look good for you.

 

WD

[GetOffMyCase]

Ok thanks, i did think that was the reasonable thing to do.

[GetOffMyCase]

Have received a reply from the council this morning.

 

 

In response to your complaint I requested a report from Rossendales of the action they have taken. I note that they did ask you to provide details relating to ownership of the car. However, as you have pointed out, you would not be able to provide evidence relating to a car that does not belong to you. I have therefore requested Rossendales to make independent enquiries to establish ownership of the car which will then enable me to fully resolve your complaint. They have advised me that this can take upto 3 weeks and I will therefore be in contact with you again once I have received their response.

 

In the meantime if you have any further queries please do not hesitate to contact me.

 

Yours sincerely

 

Jx Axxxxxxx

Revenues Manager

Suffolk Coastal D C

[Cyberprog]

They have no way to actually ascertain who the owner of the vehicle is - it's not a piece of information that the DVLA hold!

[ploddertom]

 

 

In response to your complaint I requested a report from Rossendales of the action they have taken. I note that they did ask you to provide details relating to ownership of the car. However, as you have pointed out, you would not be able to provide evidence relating to a car that does not belong to you. I have therefore requested Rossendales to make independent enquiries to establish ownership of the car which will then enable me to fully resolve your complaint. They have advised me that this can take upto 3 weeks and I will therefore be in contact with you again once I have received their response.

 

In the meantime if you have any further queries please do not hesitate to contact me.

 

Yours sincerely

 

Jx Axxxxxxx

Revenues Manager

Suffolk Coastal D C

 

That must rate as one of the biggest load of rollocks I have heard in a long time. Rottendales have direct access to DVLA so all it would take is a couple of days max.

 

Solution - and you can start this off this afternoon by email backed up by a copy in the post.

Write back to the Council and advise them they now have 7 days to sort this out, you are aggrieved by the levy the Bailiff has made and despite requests to both them & the Council nothing has been done. You will therefore file a Regulation 46 Complaint in the local Magistrates Court where the Council will be named as Defendant.

 

For good measure send copies to the Council CEO and your local Councillor(s) + leader of the Council and his opposite number. Done now it will make their weekend.

 

PT

[GetOffMyCase]

How the heck are they going to prove ownership of the vehicle then?

[GetOffMyCase]

That must rate as one of the biggest load of rollocks I have heard in a long time. Rottendales have direct access to DVLA so all it would take is a couple of days max.

 

Solution - and you can start this off this afternoon by email backed up by a copy in the post.

Write back to the Council and advise them they now have 7 days to sort this out, you are aggrieved by the levy the Bailiff has made and despite requests to both them & the Council nothing has been done. You will therefore file a Regulation 46 Complaint in the local Magistrates Court where the Council will be named as Defendant.

 

For good measure send copies to the Council CEO and your local Councillor(s) + leader of the Council and his opposite number. Done now it will make their weekend.

 

PT

 

 

Am going to do this right now! before they all go home.

[GetOffMyCase]

ok got CEO, assistant CEO, 2 local councillors addresses, and my local mp.

 

Who would the opposite number me?

[ploddertom]

Leader of the Council is an elected position from one of the political parties, the analogy would be David Cameron with Ed Milliband as his opposite number. The details should be on the Council website, if stuck name your Council and we'll have a look.

 

PT

[GetOffMyCase]

oh i see so the conservative Mp is in the chair, and you want me to send to the local Labour MP?

[GetOffMyCase]

Have rung the opposition spoke to a lovely chap who said there is no official opposition as there hasnt been one elected but he was happy to take a look

Edited September 23, 2011 by GetOffMyCase

[ploddertom]

http://www.suffolkcoastal.gov.uk/yourcouncil/democracy/leader/default.htm

[ploddertom]

+ Chairman

 

http://www.suffolkcoastal.gov.uk/yourcouncil/democracy/chairman/default.htm

[GetOffMyCase]

didnt add the chairman. have received a reply from the opposition though:

 

I have received your email. If you find out that you're not getting anywhere with the Council and Dr poulter, let me know and I will see what I can do to bring pressure to bear.

 

Regards,

[ploddertom]

If you get the chance either show them in person or give them the link to this website so they can see for themselves what sorts of things are going on, you may have to remind them that their officers are condoning these practices and should it come to Court they could also be summonsed.

 

PT

[GetOffMyCase]

I absolutely will!

 

Im sure there are many posts in that cover people under their constituency.

[Bollotom]

Hope this comes to a satisfying conclusion.

I would write the MP and tell him if he doesn't know what goes on in the real world then you'll be voting for someone else next election. That normally gets their snouts out of the trough and back to working ways..

[GetOffMyCase]

Tbh, I'm a bit annoyed the local mp, has not really responded at all other then asking for my address. The one in my earlier post was not one from the correct constiuency. I had emailed both and typical the one that responds is the one that's wrong.

[GetOffMyCase]

Have received this in reply to the email sent on Friday. This is from the person I replied with direct,

 

 

Thank you for your email.* I would agree with you that the matter needs to be*resolved as soon as possible, however, the main point of your complaint involves*ownership of the car on which Rossendales levied.* Unfortunately until I receive confirmation of ownership I cannot bring the matter to a conclusion.* I would suggest that The Magistrates would also need this information.

*

I will be in contact with you immediately I have*this confirmation.

*

Yours sincerely

Jx*Axxxxxx

Revenues Manager

[ploddertom]

Have received this in reply to the email sent on Friday. This is from the person I replied with direct,

 

 

Thank you for your email.* I would agree with you that the matter needs to be*resolved as soon as possible, however, the main point of your complaint involves*ownership of the car on which Rossendales levied.* Unfortunately until I receive confirmation of ownership I cannot bring the matter to a conclusion.* I would suggest that The Magistrates would also need this information.

*

I will be in contact with you immediately I have*this confirmation.

*

Yours sincerely

Jx*Axxxxxx

Revenues Manager

 

That is a cop out and I suspect he well knows that. You cannot provide for something you do not own. If you decide to go down the Reg 46 Complaint route you can of course swear a Statement of Truth on your submission. has this prat also read this :http://www.consumeractiongroup.co.uk/forum/showthread.php?262730-Has-a-bailiff-quot-levied-quot-upon-a-car-that-is-NOT-owned-by-you-...-LOCAL-GOVERNMENT-OMBUDSMAN-S-Report-!!!!%281-Viewing%29-nbsp

 

I would give his 7 days to resolve this, he needs reminding the Council are 100% responsible for the actions of their contractor - in this case the Bailiff.

 

PT