Rossendales bailiff returns

[Pootling]

Rossendale bailiff entered my house last Jan. Council tax arrears - I paid them a load of money and then agreed to pay £40 per month from then on. I have paid that religiously since and my bank statement shows every single month - from Feb-Aug £40 has been paid to R'dales.

 

Last week the same firm returned and left a 24 hour notice for me to pay full amount. Not understanding why, I phoned bailiff and was told I had to pay in full as I had defaulted on my terms.

I explained I had paid every month and the next one is not due for another week!

He said I was 2 days late in APRIL, and 9 days late in May! It's now September!!

 

He took no account of me having paid EARLY most months. The bill is due on the 15th I truly hadn't realised how important that number would be. I had been suffering poor mental health and in my 'crisis mode' all I cared about was making sure a payment was made each month. No matter what and so far I have.

 

Unmoved, the bailiff stated that if I cannot find this sum of money by next friday, then he might as well 'turn his van around' and collect possessions immediately...He said "its inevitable you are not going to find any money to pay so I'll come now". I had to backtrack on explaining I had no chance of finding any more money and say I'd ask friends etc. so that I could get enough time to work out what I should do next.

 

Bailiff has let me have a week... to this Friday (09/09/2011) or he empties my house.

 

Still in early stages of learning about how to handle all of this and reading like a woman possessed!

 

I phoned the council and asked what it was all about and they explained they couldn't help as it has been passed over to Rossendales. What do I do?

 

This is a nightmare and I thought I had sorted all this once! What to do now folks?

Send a CCA request, or get council to give me statements etc?

I just don't understand xx

Edited September 5, 2011 by Pootling

[citizenB]

I am sure there will be lots of help available to you later on in the day... I wonder if, as you mention you have mental health problems, if you could be considered a "vulnerable person". I will send out a couple of S.O.S messages for you.

[MARTIN3030]

Are you able to provide some evidence of your medical conditions,and have you made them aware of this ?

Also are you on any benefits ?

[Pootling]

Hi and thanks, During April and May, I had a significant family crisis followed by a bereavement and to be honest amazed I had even paid at all!

 

I have been under my GP for anxiety and depression. This happens on and off. I am a lone parent of two boys and actively seeking a return to work. I am 'ok' just now but this is now making me feel overwhelmed once more. After speaking to R'dales and the Council last week I had a panic attack at home which was very frightened to me. A physical reaction... I just can't believe this is happening.

 

I can't tell you how happy I am to know this online support is here. So much to do and so little time...

x

Edited September 5, 2011 by Pootling

[wonkeydonkey]

Hi and welcome to cag.

 

well first off he will not be back to empty your house out!

 

This is appalling and I would not hesitate to escalate this straight to the top with a Formal Complaint to the CEO for this is clearly Rottendales attempting to force money out you for reasons known only to them. If you need help to draft that letter just shout.

 

WD

[outlawla]

.......I phoned the council and asked what it was all about and they explained they couldn't help as it has been passed over to Rossendales. What do I do?.......

 

With regards the council fobbing you off, you just have to be persistent with them and don't take no for an answer.

 

I had a similar response from my council recently, although I went in person to the council offices.

 

The following was the response I got from the council, which in the end resulted in an interview of over an hour with the manager responsible for using Rossendales as their appointed bailiff firm.

 

Receptionist said once the case is with bailiff they have nothing to do with it. I sympathised with her and let her know that I realised she had been given this script but I wanted to see the manager who is responsible for rossendales. I received a similar response from an office manager, to whom I explained, that the only way I would be leaving the council offices without seeing somebody would be with a police escort. I eventually spoke to the person responsible for the council's use of (Edited) bailiff firm Rossendales. (Don't let the council fob you off).

[MARTIN3030]

I agree,you should go to the Council offices in person,and be telling them that they have a duty to recall this warrant on account of your vulnerability and medical conditions.

Secondly Rossendales say that they will deal with complaints by phone in fact they say this;

 

How can I complain about Rossendales or one of their employees?

 

Nobody is happy when a bailiff calls; however, this in itself is not a reason to complain. We are aware that we often work with individuals, families and businesses going through difficult periods which can produce strong feelings and emotions. Rossendales staff are committed to ensuring individuals are treated properly with respect and courtesy. If we have not dealt with you in this way we want to know about it.

 

Anyone wishing to make a complaint may do so in person, by telephone or in writing by letter, fax or e mail. If you complain by telephone we will try to resolve your complaint on the spot. Similarly, if you complain in writing we will respond promptly and in any case within 10 days of receipt. If this is not possible we will explain why and give you a new deadline.

 

Please note - making a complaint will have no effect on the debt that you owe or the charges that you have incurred.

 

We can be contacted:-

 

By Phone 0844 701 3980

 

By Email [email protected]

 

By Mail Rossendales Ltd., Wavell House, Holcombe Road, Helmshore, Rossendale, BB4 4NB

 

 

It may be worth trying to call them and backing this up with a letter of complaint which you should send recorded and keep a copy,and also CC a copy to the Council.

They share as much responsibility for this since they have instructed Rossendales.

[ploddertom]

I'm truly appalled to read this and the toerags from Lancashire should hang their heads in shame. Obviously your Council only speak Bailiff which explains their stance.

 

Do you know how much the Liability Order was originally as confirmed by the Council, have the Council also confirmed how much is outstanding? Do you claim Single Person Discount? Have you had a breakdown of the fees the Bailiff has charged to date? Is it possible you can tell us what goods the Bailiff has seized - exactly as described on your Notice of Seizure.

 

If these "errors " occurred back in April & May then any payments you have made since then are purely voluntary. As they have taken so long to get round to sorting this in my view the Bailiff has therefore abandoned his levy and should remove the levy fee and all associated charges he has made. Even if he calls again you do not have to allow him in - he may stamp his feet and if so I would offer him an umbrella in case he enforces a rain shower.

 

If you can show some proof of your condition - Doctors letter perhaps - then you could writ to the Council and ask to be treated as a "vulnerable" person. You should also get in touch with your local Councillor(s) NOW and bring them up to speed - they have access to those at the Council who can stop this. Any reluctance or refusal from your Councillor(s) then go over their heads to the Leader of the Council and his opposite number.

 

You are amongst friends here and we will do our utmost to help.

 

PT

[Pootling]

Can anyone suggest wording to council asking that they recall the debt as I want to get anything on email/letter from now on.

 

I've just had a flashback... Last Jan when I originally had the battle with Rossendales and their visit..my payment agreed etc..

I remember asking the council recovery lot if they would get the bill back to them so I could pay them direct. They explained to me that as the bill was for over a certain figure, they couldn't.. cos the bailiff will have already applied their fees and the council will not be collecting that from them nor paying it on my behalf.

Is that fair?

x

Edited September 5, 2011 by Pootling

[Pootling]

I'm truly appalled to read this and the toerags from Lancashire should hang their heads in shame. Obviously your Council only speak Bailiff which explains their stance.

 

Do you know how much the Liability Order was originally as confirmed by the Council, have the Council also confirmed how much is outstanding? Do you claim Single Person Discount? Have you had a breakdown of the fees the Bailiff has charged to date? Is it possible you can tell us what goods the Bailiff has seized - exactly as described on your Notice of Seizure.

 

If these "errors " occurred back in April & May then any payments you have made since then are purely voluntary. As they have taken so long to get round to sorting this in my view the Bailiff has therefore abandoned his levy and should remove the levy fee and all associated charges he has made. Even if he calls again you do not have to allow him in - he may stamp his feet and if so I would offer him an umbrella in case he enforces a rain shower.

 

If you can show some proof of your condition - Doctors letter perhaps - then you could writ to the Council and ask to be treated as a "vulnerable" person. You should also get in touch with your local Councillor(s) NOW and bring them up to speed - they have access to those at the Council who can stop this. Any reluctance or refusal from your Councillor(s) then go over their heads to the Leader of the Council and his opposite number.

 

You are amongst friends here and we will do our utmost to help.

 

PT

 

Thank you so much!

 

I have got nothing from anyone saying anything other than the shock of a 24 hour removal notice late last week.

 

"Amongst friends" that is so nice of you to say. It's lovely not to be judged x

[wonkeydonkey]

Lets start from scratch....to see the bigger picture and please do not worry over threats to empty your home as that will not happen. You are definately in the right place to sort this out ,it is a big family here on cag so you have lots of brothers and sisters etc to fight your corner.

 

With pen at the ready phone the Council and ask:

 

How many liability orders are in place.........

How much the liabilty order was for............

For what period..................

How much has been paid.......

How much is outstanding.......

When the liability order was passed to Rottendales........

 

 

Once you have that info post it back here:

Also post as asked by PT the list of goods on the walking possession given at the time of visit in January.

 

next will be the standard letter to Rottendales

[seanamarts]

Has the bailiff been into your home to levy, if so what did he levy on?

Your council ARE responsible for the actions of their bailiffs. As PT has suggested get in touch with your local councillor and possibly your local MP. You are classed as a vulnerable person at stated here

National standards of enforcement agents.

 

http://webarchive.nationalarchives.gov.uk/+/http://www.dca.gov.uk/enforcement/agents02.htm#part10

 

 

 

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Vulnerable situations

Enforcement agents/agencies and creditors must recognise that they each have a role in ensuring that the vulnerable and socially excluded are protected and that the recovery process includes procedures agreed between the agent/agency and creditor about how such situations should be dealt with. The appropriate use of discretion is essential in every case and no amount of guidance could cover every situation, therefore the agent has a duty to contact the creditor and report the circumstances in situations where there is potential cause for concern. If necessary, the enforcement agent will advise the creditor iffurther action is appropriate. The exercise of appropriate discretion is needed, not only to protect the debtor, but also the enforcement agent who should avoid taking action which could lead to accusations of inappropriate behaviour.

 

Enforcement agents must withdraw from domestic premises if the only person present is, or appears to be, under the age of 18; they can ask when the debtor will be home - if appropriate.

 

Enforcement agents must withdraw without making enquiries if the only persons present are children who appear to be under the age of 12.

 

Wherever possible, enforcement agents should have arrangements in place for rapidly accessing translation services when these are needed, and provide on request information in large print or in Braille for debtors with impaired sight.

 

Those who might be potentially vulnerable include:

 

the elderly;

people with a disability;

the seriously ill;

the recently bereaved;

single parent families;

pregnant women;

unemployed people; and,

those who have obvious difficulty in understanding, speaking or reading English.

[1Loretta]

Rossendales staff are committed to ensuring individuals are treated properly with respect and courtesy. If we have not dealt with you in this way we want to know about it.

Looks like they have failed miserably once again then! if there a record anywhere that these mutants have ever dealt with anyone with respect and courtesy I would really like to hear about it!

[Pootling]

Thank you all once again! At last I have a really clear idea of what needs to happen next. You have all helped take a lot of pressure from me.

In the morning I will do exactly as asked and will get back to this forum with their replies.

Fingers crossed I find a few 'humans'

 

Gnight all and seriously, can't thank you enough.

 

I will return the favour one day x

[ploddertom]

Don't forget most of us have been in this situation or worse and it has been with help from here that most have resolved their problems - some successfully others not quite so. To be on the safe side one of the times of day you are most at risk of the Bailiff turning up is school time both morning & afternoon where they hope to catch you with your guard down.

 

PT

[Pootling]

Thanks for the tip, I'll double check doors and windows before I do the school run and put the dog in the hallway for extra bark factor if needed. Looking forward to getting this lot sorted.

 

Sleep well folks x

[MARTIN3030]

You too.

[Pootling]

Hello again and guess what!!

 

I don't have to pay £602 to Rottendales By some miracle I found a human at the Council's recovery dept. He has cancelled bailiff and has reinstated my £40 per month payments. Phew!

The person at East Cambs District Council I spoke to last week was adamant they could not help.."it's with the bailiff".

 

Today was a totally different matter.

 

After spending a weekend reading the info on this site, and carefully following the advice and guidance of members, I managed to hold a clear, concise (and civilised) conversation with the same dept today.

I set out my questions, asked for specific information and discussed the fact that their actions felt unfair and was causing undue distress. Apparently Rossendales had walking posession of my car. I sold the car months ago to cover bills. No car, no possession.

The council man wasn't particularly happy about this but as he said "what can we do, it's gone".

 

I've double checked the fees Rossendales charged.

£24.50 for 1st visit

£18 for 2nd visit

I understand this is proper and correct.

THEN they added a 'Van fee' of £110.00 and a 'levy' fee of £59.00 - do these sound about right?

 

I cannot tell you what a difference you have all made. I was able to speak their own language today and feel certain this is how I finally managed to get through to those in power. Thank you so much. xx

 

Now onward and upwards to sort out my budgeting once and for all.

[outlawla]

.........Apparently Rossendales had walking posession of my car. I sold the car months ago to cover bills. No car, no possession.

The council man wasn't particularly happy about this but as he said "what can we do, it's gone".......

 

You sound as though you didn't know about the walking possession of your car? If the bailiff didn't leave you with details and notification of the levy then he was not fulfilling legal requirements and your man at the council needs to be informed about this which will probably make him even less happy. Formal complaint to the council at least I would say.

 

I've double checked the fees Rossendales charged.

£24.50 for 1st visit

£18 for 2nd visit

I understand this is proper and correct.

THEN they added a 'Van fee' of £110.00 and a 'levy' fee of £59.00 - do these sound about right? If you didn't receive paperwork relating to your car being levied I definitely don't think these sound right at all.

[MARTIN3030]

Glad to hear its sorted.

From when you spelled out the situation,it was fairly clear that all was not right.

We continue to have concerns of the 1000s of people who are not so fortunate to find sites like this and have little chance to get things put right.

You got a result which was nothing short of what you were entitled to see,such a pity that they can not get their acts together in the first place.

Another one sorted then......we will have more tomorrow and the day after.

Make no mistake-there will be no let ups here and we will continue to be a thorn in their sides.

While we know that the bailiff industry needs a big shake up,we are increasingly seeing Councils flouting their duty of care and responsibilities as they look to balance the books following Central Gov cuts.

But they have to share some responsibility when things are not done by the book,and also be aware that plugging shortfalls cannot be done at any cost......it ultimately has its price if they dont follow the rules.

[MARTIN3030]

I have been studying some facts figures and results from local Ombudsmans.....

Cases ruled in favour of the complainant in respect of council blunders for errors in council tax and dealings of them feature pretty prominent.

More people should be complaining to them.

It seems after bailiff issues are sorted,many are so relieved at the removal of the threats,that they dont bother to complain further.

[brassnecked]

Some therefore need to take it further, as the bailiff companies and councils will carry on and fleece the less savvy folks out there, who roll over and pay oftemn for years with the bailiff an albatross on their backs. There needs to be a big case aired publically that hits them hard with whatever samction the courts can impose.

 

Good result here though.

[outlawla]

I agree with brassnecked and MARTIN3030's comments with regards letting the authorities know about this abuse through formal complaints etc.

 

I think definitely more people should to be making the effort to pursue redress, even after the abuse seems to have come to an end. I've found that the complaint system, with all these Ombudsman organisations, work on an accumulation basis, i.e. an individuals complaint may not be investigated, but when the number of complaints reach a certain figure, with regards a particular bailiff firm for example, an investigation is carried out. That is why it is important to submit formal complaints, even when you feel you're back in the comfort zone.

[brassnecked]

I agree with brassnecked and MARTIN3030's comments with regards letting the authorities know about this abuse through formal complaints etc.

 

I think definitely more people should to be making the effort to pursue redress, even after the abuse seems to have come to an end. I've found that the complaint system, with all these Ombudsman organisations, work on an accumulation basis, i.e. an individuals complaint may not be investigated, but when the number of complaints reach a certain figure, with regards a particular bailiff firm for example, an investigation is carried out. That is why it is important to submit formal complaints, even when you feel you're back in the comfort zone.

 

 

Absolutely Outlawa, once a situation is resolved, people tend to leave things alone even where there has been a severe and calculated breach of regulations by council and bailiffs, they forget it allowing the guilty parties to carry on with their wrongful actions unchecked. Formal Complaints should be instigated where there is clear evidence of wrongdoing in ALL cases imho, so that when higher authority is drowning in a sea of complaints, they might do something about it

[Pootling]

Hello again,

 

Today I am in a much better place. Far less stressed but still very angry. I thoughly agree that these councils and their bailiffs cannot get away with causing such distress. I am a fairly confident and articulate person but this kind of thing brought me to my knees in the past, and my panic attack last week really upset and angered me.

I WILL be writing to the council, I will pay only them and as for Rossendales, they can have £1 a week.. that will give me great pleasure.

I will also see if I can get some of their fees squashed.

 

I fear for people who are on the brink of suicide for fear they have nowhere else to turn. Feeling you are a prisoner in your own home is awful. Being afraid to answer the door or leave the house empty for a moment. I am determined to follow through on my complaints.

 

Well done CAG... I am your newest fan and more than happy to get involved in campaigning. Let me know what else I can do.

 

Again, I can't thank you all enough.