Yet more Rossendale thugs, help !!!

[Hayley69]

Hope you stick with me as it's a little long winded.

 

On tuesday of this week I had a visit fom a very abusive Rossendale baliff.

I wanted to try and get some advice on a couple of things and whilst googleing Rossendale , I came across this forum.

 

In september of last year I answered the door to what I now know was a Rossendale Baliff.

He told me that I owed council tax which amounted to £440.

I agreed to pay £60 a month , I sorted this out on the door step as I know never to let them in.

 

I paid 2 months and then money became tight, inbetween this I changed jobs so things became a little worse.

To cut a very long story short I was defrosting my sons car as he was taking me to work,

as I walked out the door there was a stranger standing on the step.

 

He never showed me any I D he just said he was here to remove some of my possesions and he was from Rossendales

and unless I paid the amount in full he would need to enter my property.

 

I went back in the house forgetting that the car was running he went to get in my sons car and said he would take that instead .

I told him that I was on my way to work and he was having nothing I would ring the council and sort it with them.

He said it had to be done right here right now. I told my son to go out and I would get to work in the other vehicle.

 

I told the baliff to go away and again that I was going to be late.

I came in the house and got the keys to my other vehicle and told him I was going to work,

as I got into my car he blocked the dive with his vehicle and said I was going nowhere.

 

I got out of my car and came back into the house to ring my partner as by this time I was feeling intimidated and getting very worried.

When I was back in the house the baliff kept banging on my door.

I eventually watched him get in his van, my driveway was still blocked by him so I got in my vehicle and drove away down the bridle path at the side of my house.

 

When I came back in he had tucked a walking possesion order in my font door ,

he had put his costs on and had put a levy on both of the cars .

There is a lot more to this story but I just want to stick to the facts.

I found out from another forum that the council have to accept my payment of which they did yesterday.

 

The lady from the council says that now the full liabilty order has been paid she will withdraw the baliffs for 28 days.

I never signed the walking posession order and on the order he wrote the wrong registration number down of one of the cars.

 

my question to you is ,

 

now that I have paid the full liability order , do I have to pay the baliffs fees and does his levy still stand ,

bearing in mind that I have not signed the walking posession order and he wrote the reg of one of the cars down wrong.

 

I have spoke to someone from the National debt helpline who says that once the liability order has been paid the baliffs can no longer chase me for their fees.

Thanks for taking the time to read this ......

 

Hayley !!!!

Edited January 18, 2013 by citizenB

[ploddertom]

Have you confirmed that the Council will NOT be paying the Bailiffs fees? The payments you were making - who did you pay them to & how much in total did you pay? On his Notice of Seizure did he list the charges that he had applied - may be on the reverse?

[Hayley69]

The lady at the council said she'd withdrawn the bailiffs for 28 days to give me time to formally complain, she also said the bailiffs will still want paying so i assume the council will not be paying. The national debt line have told me if the council have withdrawn the bailiffs they are liable fo there costs. I don't understand why they have withdrawn them for twenty eight days if i've paid the full liability £322.90.

The WPO says at the top "notice of distress" and goes on to list two cars under "the inventory", no-one signed it.

His costs are

Client debt and costs £322.90

levy fee £34.00

Others £195.00

Total £551.90

[Hayley69]

Sorry forgot to say i got a friend to pay the council direct over the phone, the council tax supervisor.

 

I only paid the £322.90

 

I didn't want to pay the bailiff on the day as i was fuming and didn't understand how he got to the figure of his costs, that and i don't like bullies.

When i say "on the day" i mean on the day i payed the council, not the day the bailiff came.

Edited January 18, 2013 by Hayley69

[ploddertom]

Something doesn't quite add up. You are going to have to ask for more information so we can see where payments and charges have come from. With Council Tax the Bailiff is entitled to take his fees first so I wonder what happened to the first 2 payments you made. I appreciate that 2 x £60 + the £322-XX come to roughly the £440 you say was originally owed. 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

 

You should also ask the Bailiffs for a breakdown of all their fees, as I suspect they will be wanting more than what he stated. If the Council state you have discharged your liability then in reality the Bailiff is trying to enforce for his fees alone, in which case I would invite him to take you to the Small Claims Court where he will have to swear they are legal, proper & correct. In the meantime send something similar to this, initially by email followed 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"

[Hayley69]

Something doesn't quite add up. You are going to have to ask for more information so we can see where payments and charges have come from. With Council Tax the Bailiff is entitled to take his fees first so I wonder what happened to the first 2 payments you made. I appreciate that 2 x £60 + the £322-XX come to roughly the £440 you say was originally owed. 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

 

You should also ask the Bailiffs for a breakdown of all their fees, as I suspect they will be wanting more than what he stated. If the Council state you have discharged your liability then in reality the Bailiff is trying to enforce for his fees alone, in which case I would invite him to take you to the Small Claims Court where he will have to swear they are legal, proper & correct. In the meantime send something similar to this, initially by email followed 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"

 

Sorry if it does not make sense , it doesn't make a lot of sense to me either. I haven't received any letters with charges on and when the original baliff came I refused to sign anything and I just asked him for some payment slips and said I will start to pay 60 pounds a month. Prior to the visit on tuesday I still did not receive any letters giving me notice of 14 days to pay or someone would visit me.

[dx100uk]

you need to do the two things asked

 

one to the council

 

one to the bailiffs office

 

dx

[Hayley69]

I've had a reply back from the council and I have been told that all their fees have been paid in full. the woman from the council say that it ia now upto me to sort out and pay the baliffs fees which amount to 223 pounds. These fees include a levy on my two cars one of which he wrote the wrong registration down also a waiting fee and a van fee. I have spoke to national debt line and they have advised me that if the council have let me pay them direct and accepted my payment then I am no longer responsible for the baliffs fees as they no longer have a debt to collect. Can anyone give me anymore advice on this matter .

[brassnecked]

I've had a reply back from the council and I have been told that all their fees have been paid in full. Do you have this in writing? the woman from the council say that it ia now upto me to sort out and pay the baliffs fees which amount to 223 pounds. These fees include a levy on my two cars one of which he wrote the wrong registration down also a waiting fee and a van fee. I have spoke to national debt line and they have advised me that if the council have let me pay them direct and accepted my payment then I am no longer responsible for the baliffs fees as they no longer have a debt to collect. Can anyone give me anymore advice on this matter .

 

If the council have said your account is clear, then the bailiff could well have to whistle for the fees, they are dodgy anyway, so you could ask them to justify them with an Acme letter, as per ploddertom above on jan 18th, but the "waioting fee" is not in the regulations, so likely void, if the vehicle details are wrong as in wrong reg no, that also would be void, imho.

 

But rest assured others will be along to point you in the right direction

[josephbloggs]

because a levy/fees were added before the amount was tendered to the council they are still entitled to their fees, and they can use the liability order issued to collect/enforce for their ligitimate fees.

Many anti bailiff posters on the forum will disagree with me however for further clarification see:

The Council Tax (Administration and Enforcement) Regulations 1992

Chapter 45 paragraphs 3 & 4 in particular.

[brassnecked]

because a levy/fees were added before the amount was tendered to the council they are still entitled to their fees, and they can use the liability order issued to collect/enforce for their ligitimate fees.

Many anti bailiff posters on the forum will disagree with me however for further clarification see:

The Council Tax (Administration and Enforcement) Regulations 1992

Chapter 45 paragraphs 3 & 4 in particular.

 

Payable so long as they are kosher, this levy may be challengeable, along with some of the fees due to the wrong registration number, and a waiting fee but others will know more

[Hayley69]

Payable so long as they are kosher, this levy may be challengeable, along with some of the fees due to the wrong registration number, and a waiting fee but others will know more

 

How do i find out what's kosher or not ?

 

One of the registrations he wrote down was correct but the car it belongs to honestly wouldn't cover his costs or the council tax lol.

Would the levy still stand on car he got wrong and could they come back and re-levy against this car to cover their fees.

[wonkeydonkey]

You need a full written breakdown of their fees and a copy of the 'notice of seizure' before you can challenge anything...once you have that and you post them here we can guide you to the next stage....there is no quick fix in these matters and unless you gather the ammunition you cannot fire bullets?

 

WD

[brassnecked]

Have you sent the bailiffs the letter ploddertom provided at post# 5? as WD points out we need to see the breakdown of fees to pick at them for validity.

Edited February 1, 2013 by brassnecked

[Hayley69]

I'm posting off a phone so it's very difficult, i'll post off a computer the full breakdown today.

[Classic-car-lover]

good luck with this.