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    • CEO Complaints / Customer Relations Complaints take between 4 & 12 weeks to resolve at present. This is why if you deal with Currys at the moment, youd better pray that it goes well. 
    • This time you need to reply, as a Letter Before Claim is a formal notice of intent to commence legal proceedings.   It is also a fishing exercise by Minster Baywatch to try to find out who will just roll over and who would be bad news for them in court.  You need to be in the latter category.  Thus a snotty letter ridiculing their claim and showing you're genned up with the law.    Forum regular Ericsbrother has drafted loads of these "snotty letters" over the years, dx is suggesting to have a search of such letters, see what would be appropriate for you, and post a draft up here.
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    • There will be an overpayment of universal credit which will need to be paid back, it's unlilkely to result in a prosecution.
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Hi all

 

i am hoping you can shed some light...

 

History - Council tax owed on previous property where my ex and myself lived. However we split up whilst living at the address and she continued to live there. They have both our names on the debt accordingly. They have tracked her down to her new address. Due to personal reasons she could not pay and was not aware of her rights, paid £100 to rundles last November and a payment plan was put in place, at no time did they gain access or levy on goods.

 

The payment plan was broken, she couldn't afford it....

 

She has a noted mental health issue on her health records and one of our sons is borderline autistic, again health records confirm this..

 

We recently wrote to rundles, after reading these forums, stating the above and her situation confirming she falls into the vunerable category and that he council have agreed to take a notary payment from her benefits, ( she is in council tax benefit/housing benefit) once the debt has been returned. The letter asked

 

To date they have still to return the debt to the council.

 

Today they have turned up, fortunately, I am there looking after kids, summer hols.. I answered door,( no access given to property at any time). i stated she had sent the letter, he denied all knowledge, i stated the council had requested the debt back, again he denied knowledge.

 

After he was getting no where he informed me he would be back in 48 hours to collect goods, with a warrant. I closed the door. He then sat outside, in his car no doubt ringing whoever...I was able to access a copy of her previous letter,which i duly gave to him whilst he was sitting in his car.

 

Where does my partner stand, she looks after our two children and is not petrified they are gonna return within 48 hours. Is there anything I can do or say that can put her mind at ease.

 

Many thanks

 

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Bailiffs lie they will not be back in 48 hours to remove goods there is no right of entry for bailiffs

 

if they come back don't let them in

 

with regard to vulnerable situation contact your local MP and formal complaint to the council

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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He would be very silly if he did come back, as the council have acknowledged the vulnerability, so Formal Complaint to council about their Agent Buymbles and co, you could also do oldbill's plan and report them to OFT under credit fitness, attempting to enforce a debt that had been removed from them, and harassment of a vulnerable person

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Before bailiffs can take goods, they must first have entered the property and levied on goods that belong to your ex and are not essential to the running of

the home-so they cannot levy on the oven or crockery for the family for instance. Once they have done that they have to leave and give time to either collect

the outstanding debt or make an arrangement to pay over a set time. Only if either of those scenarios cannot be agreed with the bailiff will they come back and

remove the listed items with a view to auctioning them to raise a sufficient amount to pay their fees and the outstanding debt.

 

As the bailiff has not been inside the house and levied on anything, he is a long way from taking any goods. He is lying to put pressure on you to pay the debt prior

to returning it to the Council. you will appreciate that once the debt goes back to the Council, the bailiff will be unable to charge more fees-most of which are usually

invented by the bailiffs to increase their income.

 

But as I hate bailiffs said in an earlier post, please complain to your MP because of your exs' vulnerability as the debt should have been returned to the Council already.

It is unfair to her that she is still being under pressure to these guys. It was good that you were there when the bailiff came as it is difficult to imagine what might have

happened otherwise when there are young children in the house.

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and send for a breakdown of fees because bailiff fees are deducted first from any payment made to them

 

find out from the council how much has been passed over to them from payments made to rundles

 

ask the council if they have requested the the return of the account from rundles

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THe bully boy tactics seem to be working on my ex

 

She is petrified about coming back to the property and wants to take the kids to her mums,

 

I've shown her these posts (she has access to them via phone) but she is convinced they will return.

 

is there anything I can do put her mind at ease ?

 

Thanks again

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In your original post you say about possible vulnerability issues but I cannot see anywhere that says she has provided proof of these. I'm not doubting what is said just trying to establish what has actually happened as many times people claim vulnerability but fail to back it up with proof.

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They only get paid for two visits and as they still have been unable to levy on any goods [or a car] it is unlikely they will be back especially if you put pressure on the Council

via MPs and your local councillors to spped up the return of the warrant from Rundles.

 

You could also write to Rundles advising them that your ex is classed as vulnerable and the Council have said that they have asked for the account to be returned to them.

So Rundles should not be pursuing the warrant and as their bailiff says he knows nothing of the Councils action, then it does call into question the fitness of Rundles management

to retain their OFT licence. Should any bailiff call again, the Police will be called and the bailiff will be liable to charges of trespass and harassment.

 

That does not mean they won't be back as bailiff companies and their henchmen appear singularly lacking in brain capacity.

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Council are aware, recently due to her issues they had to send out a care worker to complete all her benefit forms, so her and our sons issues are with the council . she has never given written confirmation to Rundles, only stating in her recent letter to them

 

Thanks again

 

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Council are aware, recently due to her issues they had to send out a care worker to complete all her benefit forms, so her and our sons issues are with the council . she has never given written confirmation to Rundles, only stating in her recent letter to them

 

Thanks again

 

 

This may explain Rundles actions. I would suggest asking the Council to contact them about this, in order to move things along it would also be in order to contact the local Councillor(s) asking them to intervene, this is best done initially by phone & in my view Councillors are available 7 days per week up until 9pm. If you can direct the Councillor to this website so they can see at first hand what goes on. If you can I would suggest do this now.

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Quick update....

 

My ex has spoken to rundles direct, head ofice, they informed her they had received the letter, but it wasnt anything to do with them....so iit would appear this baliff is acting alone?

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Then how do they explain the bailiff got the liability order passed to him by them ......and why did they not recall it when they received notification to the pass it back to the Council?

 

They can't wriggle out of this that easily imho.

 

WD

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Rundles have some questions to answer as the bailiff cannot call unless the case has been allocatedto them, so Formal Complaints to bigwigs as a matter of urgency informing them that their Agent Rundle & Co ifor which they are wholly liable are acting as a loose cannon.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Worth checking that Rundles haven't added a spurious "breach of agreement" fee too. I had an account passed back to my LA from your friends and they did this to me. If so, raise it with the council who will only be too please to remove it from the account as it is "not in line with current CT regulations" as they put it (Fraud is what I called it). Had I not checked, however, it would have remained in place!

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  • 1 month later...

Just a quick update to my original posting...

 

First thank you all for your help and advice..

 

 

It would appear today whilst my ex-partner was out, that Rundles have passed another letter through the door!! (Im at work atm and have therefore received this info from her)

 

She of course rang their office, in view of the previous dealings and the letter they had been given and had sent. ( advising them of her personal issues and my sons, which equates them falling into the vulnerable category)

 

The woman apparently checked the file and confirmed they have a record of both these, and allegedly commented 'we shouldn't be at your door' !!! The Rundles clerk also commented, she doesn't know why the bailiff has taken it upon himself to pay another visit!! Tee person concerned no doubt would deny making these comments if asked again....

 

Apparently he's also written down someones else car registration, she lives in a terraced house with roadside parking, not hers, as I believe as a threat....

 

The debt should of gone back to the council, but it hasn't....

 

Now this is where me and/or my ex are at fault, for not following this though the last time, however she has been in contact with council asking if they had had the debt returned previously, this was done on two separate occasions since the last Rundles visit. .

 

I really have had enough, what should I do next please, to stop this harassment... (please and copies of letters I could use would be extremely helpful, the last letter I wrote for her, didn't obviously carry enough weight.

 

Heres hoping someone can help..

 

 

Regards

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Formal complaint with precis of what the bailiff is doing, transcript of conversation that said that they shouldn't be at the door, vulnerability and proof, also mention the bailioff has attempted to defraud her with an alleged levy on a third party random motor, quoting things from this thread

 

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-!!!!

 

to Head of Revenues, CEO, elected leader councillor and MP., threaten going to BBC Watchdog also, as Rundles are a nasty bunch.

Edited by brassnecked

We could do with some help from you.

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Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Contact the local Coucillor(s) tomorrow, in my view best done by phone and should be available 7 days per week up until 9pm. Details can be had via Council website or ringing and asking - you do not have to explain why you need the info.

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