rossers bailiff trying to use old WIP on new LO..i say he can't!!

[my2cherubs]

Hi

 

I am hoping some one can give me a bit of advice about rossendales bailiffs.

 

Last year a bailiff from rossendales visited my home and obtained a walk in possesion order for unpaid council tax.

 

we came to an arragement that i would pay the oustanding balance over 8 weeks

 

i stuck to this agreement and the balance was paid in full,

 

however the bailiff has now returned with regards to another outstanding balance for unpaid council tax from a diffrent year

 

he claims that he can use the old walk in possesion order to gain access to my property to remove my goods

 

is this possible as the possesion order he obtained was from a older debt that was paid off in full ?

[dx100uk]

you are correct!!

 

you need as a first attack to do the following:

 

if you can pay you should be paying the council

direct via your internet banking site

never ever pay a bailiff.

.

Here is something to be getting on with. First of all establish from the Council how much was owing etc You need to speak to someone at the Council and ask the following questions:

1 - how many Liability Orders they have against you

2 - the dates they were obtained

3 - the addresses they were for

4 - the period of time each covers

5 - how much each one was for

6 - how much is still outstanding

7 - the dates they were passed on for enforcement

8 - the dates & amounts of any payments

.

Next you need to send off for a breakdown of the charges the Bailiff applied. Here's an example, use and adapt at will and best sent initially by email backed up by a copy in the post.

.

"From:

My Name

My Address

.

To:

Acme Bailiff Co

Bailiff House

.

Ref: Account No: 123456

.

Dear Sir

.

With reference to the above account, Can you please provide me with a breakdown of the charges.

.

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. You are obliged to provide this information.

.

I require this information within 14 days.

.

Yours faithfully

.

Ripped off customer"

.

When you have the answers to the above go to the Bailiff Forum http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=168 and we'll see if we can help to claim back any unlawful or overcharged fees.

.

[brassnecked]

The old WIP died with the old Lo when it was satisfied, do as DX suggests and also inform them that as their agent rossers has fraudulently attempted to use an expired levy, you cannot trust them to deal fairly with you, so you will be paying £x every week/fortnight/month (weekly is better) also inform them that a Formal Complaint to the CEO, and leader copied to your MP is being submitted due to this.

[tomtubby]

If you are considering allowing a bailiff into your home you need to be aware of the seriousness of this decision. You cannot afford to pay your council tax and you need to know that allowing a bailiff entry into your home will add significant additional fees to your account. If you do not have a car, then entry into your home should be REFUSED.

 

Also,by claiming that he can use a PREVIOUS Liability Order (when the old debt was paid) it is clear that this bailiff is attemtping to decieve you and is doing so ...BEFORE even coming into your home !!

 

This is not a person who I would trust to come into my home......

[lamma]

Unlawful distress, the bailiff would be a trespasser ab initio. Damages should be claimable.

[brassnecked]

Contact the council, keep the bailiff out, hide any car, and send a Formal Complaint regarding the fraudulent misrepresentation of the old WIP, as permitting the bailiff to enter etc etc. load of lies and twaddle,

[seanamarts]

Complain to the council NOW!

 

If the council come back and state the bailiff is right Then they are in the wrong job.

 

As it has been said, the levy was spent when the debt was clear.

 

Can I ask what was on the levy?

[ploddertom]

When you ask about the breakdown of charges, also ask for a breakdown on the other account you have paid. I'd be vey surprised if you have not been overcharged.

[brassnecked]

When you ask about the breakdown of charges, also ask for a breakdown on the other account you have paid. I'd be vey surprised if you have not been overcharged.

If you have been overcharged you have 6 years from the date of the overpayment to reclaim the fees.

 

Please tell me you DIDN'T let the bailiff in this time, on the back of his unlawful claim?.

[sgtbush]

levy would be an illegal levy, they cannot use an old levy against a new debt

if the bailiff comes a knocking tell him politley to [EDIT], phone the police immediatly and explain that a bailiff is trying to force entry on an illegal levy as that debt was satisfied and you are going to defend your household with resnable force if he tries to enter

[my2cherubs]

If you have been overcharged you have 6 years from the date of the overpayment to reclaim the fees.

 

Please tell me you DIDN'T let the bailiff in this time, on the back of his unlawful claim?.

 

No i haven't let them in this time I just wanted to make sure my suspicions were correct before I took any further action thanks for the advice I'm going to do as advised and. Will let yous know the outcome and get more advice if necessary

[sgtbush]

i will also add that the bailiff knows he cant use that old levy but is saying he can to put pressure on you, if he comes back, speak to him thru an upstairs window and state that you are recording this as evidence, AND record the vid on a mobile phone, i bet you a pound to a penny he will not incriminate himself and bog off

[brassnecked]

i will also add that the bailiff knows he cant use that old levy but is saying he can to put pressure on you, if he comes back, speak to him thru an upstairs window and state that you are recording this as evidence, AND record the vid on a mobile phone, i bet you a pound to a penny he will not incriminate himself and bog off

 

As to privacy and permission to film, there is no law that says you cannot film a bailiff on your premises, and furthermore the data protection Act doesn't apply to a domestic CCTV that may film him either, so do as the sgt suggests if he reappears he will threaten all sorts saying permission etc you can't film him, all carp he will as was said go away

Edited January 14, 2013 by brassnecked

[lamma]

"Complain to the council NOW!" In writing ! Get proof of postage. If the 'trespasser' makes a visit record the entire encounter.