Rossendales strike again

[Uksilverknight]

Today I had a knock on the door from a baliff from rossedales chasing an outstanding council tax debt of £300

 

I would not allow him access to the property and informed him that he would not get access as I had a member of family who is a court bailiff and I have always been advised not to allow any bailiff access to my property.

 

He they continued to say that's fine and he would levy on the car on my drive, to which I informed him was a company car. He said that was fine it would be down to the company to prove that and in the mean time it would get me in **** with my employer.

 

At this point I called the police for rest of a breach of the peace. The balilif then continued to give the police a load of BS saying he had a warrent and could even force entry. Even the coppers said he was being an ********. The police did a PNC check and said they where happy that the car was registered to a lease company and that the insurance was my my employer (one of largest firms in world)

 

The bailiff then said he still suspected the car to be property of mine so would clamp it and had a tow truck on way.

 

Eventually after much to and frowing the bailif left saying I must clear this debt by tomorrow or he would be back to take the car!

 

The debt in question is both mine and my ex partner (we unfortunately split up in October) and as it happed she was here at the house as one of our children had not been well. She tried to reason with the bailif and was told by the bailiff that if he takes the car then I would probably loose my job!

 

As this was all happening our two children's where in the house and I informed both the police and the bailiff that our oldest daughter has cerebral palsy and is disabled no the car as well as not being mine was also essential to get daughter to physio and orthotic appointments as she us disabled. To which he said as long as she has a bed a roof over her head and food it was not his concern

 

My ex partner we have also found out after we split is pregnant with our 3rd child (we are obviously trying to work things out but relationships don't get fixed in the blink of an eye) she has a history with our 2 previous if premature labour.and this obviously stressed her out somewhat

 

Can the bailiff do this? What can I do?

[Jamesx81x]

Feeding you a line trying to use the worry you might lose your job to make you pay up

 

Bottom line he is speaking crap, you have informed him that it is not your car, the police have also done so in his presence so if he is stupid enough to try and levy it(which he will not) you got grounds straight away for a Form 4 complaint - unlawful levy

 

Everything you have wrote sums up what worms these people are, i would put heroin addicts further up in society then i would a bailiff

 

Dont let him in your property and they cannot do a thing, wave at him out of your window, especially if its raining!

[ploddertom]

Your Bailiff should get the Numpty of the Day Award. He knows full well he cannot touch the car. Maybe he should be reminded of a recent report involving Blaby District Council and the nme of the Bailiffs are on the tip of my tongue - ah it was Rossendales no less.

 

Anyway back to your predicament. The Bailiff may chase either of you for this debt and I would urge that whoever has the oldest daughter claims to be vulnerable under the National Standards for Enforcement Agents. This at least means that one side of your family should be protected from any hassles. Do either of you have a Blue Badge for her? You will have to provide proof to both Council & Bailiffs.

[Uksilverknight]

We are in the process of obtaining a blue badge at the moment. We currently share residency of kids and I would like to think over time we may get back together but obviously baby steps first.

 

We currently get disability living allowance and the the highest rate of mobility allowance for her

 

The police appeared very grey in where the law stood.

 

I have written and email to Julie green-jones and also sent it to enquiries email address at rossendales. If anyone wants it I believe I have managed to find Julie's email address as out of all the ones I sent to only one did not come back with a postmaster email fail

 

The bailif has charged me a levy fee and and also a van collection today, question is what did he plan to do put the car in the back of his van? Also charged a £10 HPI check fee

 

Is this legal?

[brassnecked]

If the loop the loop from dossers took the car, he would be very silly indeed, as any levy is invalid on that car, and all fees associated with the levy must be removed.

Edited November 30, 2012 by brassnecked

[Uksilverknight]

So his charges today of:

 

Levy on car £33

Van collection £130

HPI check on car £10

 

Total £173

 

Are these invalid?

[Jamesx81x]

Van collection fee for what he hasnt taken or levied on anything.

 

Did actually levy on the car on leave u a seizure notice?

 

No scope for HPI check within the regs, no such thing

[tomtubby]

I have read over this post a few times this evening before considering a reply.

 

Firstly, forums such as this will only ever get a tiny proportion of complaints and what is clear to me is that a bailiff such as this particular one is so desperate to gain a "van attendance fee" that he will levy upon goods that even the police have informed him are not owned by the debtor !!! Is this an isolated incident with this bailiff? Almost certainly not. There can be no doubt at all that this bailiff would try to do the very same thing at all other properties that he attends.

 

And it is for this reason that this particular bailiffs action should be brought to the immediate attention of the Chief Executive of the relevant local authority with a COPY being sent to Rossendales.

 

 

 

You may want to consider something along the following lines:

 

 

 

Dear Sir

 

Formal Complaint concerning the enforcement of a Liability Order.

 

I would like to make a formal complaint concerning your bailiff provider; Rossendales Ltd and in particular, a certificated bailiff by the name of Mr Jo Blogs.

 

Below you will see that I have outlined the basis of the complaint and the way in which this bailiff levied upon a car and charged a "van attendance" fee even after being made aware that the vehicle in question is not owned by me. I was also made aware today that in July the Local Government Ombudsman issued a highly critical report against Blaby District Council for allowing their bailiff provider to levy upon a car without first checking vehicle ownership. I have been informed that the bailiff company in question was Rossendales Ltd.

 

It would appear that because of the rise in complaints against bailiffs the Local Government Ombudsman published a Focus Report on their website on 28th November where the Ombudsman once again reminds local authorities that a bailiff must not levy upon a vehicle without first checking ownership.

 

As you will know, the purpose of the bailiff visit is to "levy upon goods". When responding to this complaint could you please explain why xxx council are allowing your bailiffs to charge an "attending to remove" fee to an account. The bailiff has not previously levied upon any goods.

 

Can you explain why you are allowing Rossendales Ltd to charge a HPI fee of £10 to my account. It is my understanding that the statutory regulations do not provide for such a fee to be charged to an account.

 

 

 

Details of my complaint:

 

xxxxx

 

xxxxx

 

xxxxx

 

 

Given the seriousness of this matter I would be grateful if you would please confirm safe receipt.

 

Yours sincerely

 

Mr xxx

[Jamesx81x]

If he has levied on the car it is a blatant disregard to the law something he should be satisfying the court he is aware of when his certificate is granted

 

There is no doubt that he was aware the car wasn't yours as the police even told him so! He has no defence!

 

For that reason and in the interests of others you need to make his certificating court aware of his actions and the way he operates!

[brassnecked]

Definitely send tomtubby's Formal Complaint, you could also Invite the council to submit a Form 5 for this bailiff when the charges are removed from the account