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    • Hi Sorry for the delay in getting back to you The email excuse and I do say excuse to add to your account and if court decide LL can't recoup costs will be removed is a joke. So I would Ask them: Ask them to provide you with the exact terms within your Tenancy Agreement that allows them to add these Court Fees to your Account before it has been decided in Court by a Judge. Until the above is answered you require these Court Fees to be removed from your Account (Note: I will all be down to your Tenancy Agreement so have a good look through it to see what if any fees they can add to your account in these circumstances)
    • Thank you for your responses. As requested, some more detail. Please forgive, I'm writing this on my phone which always makes for less than perfect grammar. My Dad tries but English not his 1st language, i'm born and bred in England, a qualified accountant and i often help him with his admin. On this occasion I helped my dad put in his renewal driving licence application around 6 weeks before expiry and with it the disclosure of his sleep apnoea. Once the licence expired I told him to get in touch with his GP, because the DVLA were offering only radio silence at that time (excuses of backlogs When I called to chase up). The GP charged £30 for an opinion letter on his ability to drive based on his medical history- at the time I didn't take a copy of the letter, but I am hoping this will be key evidence that we can rely on as to why s88 applies because in the GP opinion they saw no reason he couldn't drive i need to see the letter again as im going only on memory- we forwarded the letter in a chase up / complaint to the DVLA.  In December, everything went quiet RE the sleep apnoea (i presume his GP had given assurance) but the DVLA noticed there had been a 2nd medical issue in the past, when my father suffered a one off mini stroke 3 years prior. That condition had long been resolved via an operation (on his brain of all places, it was a scary time, but he came through unscathed) and he's never had an issue since. We were able to respond to that query very promptly (within the 14 days) and the next communication was the licence being granted 2 months later. DVLA have been very slow in responding every step of the way.  I realise by not disclosing the mini stroke at the time, and again on renewal (had I known I'd have encouraged it) he was potentially committing an offence, however that is not relevant to the current charge being levied, which is that he was unable to rely on s88 because of a current medical issue (not one that had been resolved). I could be wrong, I'm not a legal expert! The letter is a summons I believe because its a speeding offence (59 in a temp roadworks 50 limit on the A1, ironically whist driving up to visit me). We pleaded guilty to the speeding but not guilty to the s87.  DVLA always confirmed to me on the phone that the licence had not been revoked and that he "May" be able to continue to drive. They also confirmed in writing, but the letter explains the DVLA offer no opinion on the matter and that its up to the driver to seek legal advice. I'll take the advice to contact DVLA medical group. I'm going to contact the GP to make sure they received the SAR request for data, and make it clear we need to see a copy of the opinion letter. In terms of whether to continue to fight this, or to continue with the defence, do we have any idea of the potential consequences of either option? Thanks all
    • stopping payments until a DN arrives does not equal automatic sale to a DCA...if you resume payments after the DN.  
    • Sleep apnoea: used to require the condition  to be “completely” controlled Sometime before June 2013 DVLA changed it to "adequately" controlled. I have to disagree with MitM regarding the effect of informing DVLA and S.88 A diagnosis of sleep apnoea doesn't mean a licence wont be granted, and, indeed, here it was. If the father sought medical advice (did he?) : this is precisely where S.88 applies https://assets.publishing.service.gov.uk/media/64edcf3a13ae1500116e2f5d/inf1886-can-i-drive-while-my-application-is-with-dvla.pdf p.4 for “new medical condition” It is shakier ground if the opinion of a healthcare professional wasn’t sought. in that case it is on the driver to state they believed they met the medical standard to drive. However, the fact the licence was then later granted can be used to be persuasive that the driver’s belief they met the standard was correct. What was the other condition? And, just to confirm, at no point did DVLA say the licence was revoked / application refused? I’d be asking DVLA Drivers’ Medical Group why they believe S.88 doesn’t apply. S.88 only applies for the UK, incidentally. If your licence has expired and you meet the conditions for S.88 you can drive in the U.K., but not outside the U.K. 
    • So you think not pay until DN then pay something to the oc to delay selling to dcas?    then go from there? 
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Yup, I know which one you mean. This one is/was certificated in Ipswich.

 

Small update:

 

Local MP investigating

Council have replied (eventually) to formal complaint, saying they will investigate.

Council CEO hasn't bothered to reply.

Rossendales have not responded yet to my bombshell that we don't own a vehicle so they can go swivel for their illegal levy fees on a vehicle that they randomly found in the same street as our house.

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When you tell dossers to go swivel, remind them of the kicking they got in the Blaby Council LGO ruling, for unlawful levies on third party cars.

We could do with some help from you.

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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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Oh yes, I was very helpful: I included a copy of the Blaby Council LGO report for them.

 

Sent same report to my MP, council CEO and council's official complaints department. Reminded all parties this was not the 1st time Rossendales levy random 3rd party vehicles for monetary gain.

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Just a quick question: Do I need to wait for council to conclude their investigation before approaching the LGO? Council have said to give them 20 working days, Rossendales have not responded to my previous letter addressed to their complaints person.

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Just a quick question: Do I need to wait for council to conclude their investigation before approaching the LGO? Council have said to give them 20 working days, Rossendales have not responded to my previous letter addressed to their complaints person.

 

I would do that as you have to exhaust their complaints procedure before escalating to LGO, of course if you are still waiting after say 40 days I would contact LGO and ask if they can accept.

We could do with some help from you.

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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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  • 3 weeks later...

Just an update to this:

 

I received a letter from Rossendales dated the 22nd which arrived on the 23rd. I was basically walking in the door from work when my mobile rang and it was a Rossendales muppet demanding payment. He was totally confused regarding the amount and then essentially said "Oh yes, here it is the amount outstanding is £42.50, which is the first visit fee" I queried this and he said oh sorry, I meant 1st and 2nd visit fee.

 

I basically said "Look, I've just walked in from work, I see there is a letter from yourselves. Don't phone me again" and put the phone down.

 

Letter from Rossendales states awfully sorry for the delay, the person who was dealing with my case is out of the office. and due my protestations that the vehicle doesn't belong to us, they will believe me this time and remove the attendance fee and van fee (both charged on the 15th of March), and they will now convert that to a 2nd visit fee, so I now only owe £42.50 for first and 2nd visit fee.

 

According to their previous letter, they showed a breakdown of costs and payments received. In this analysis it clearly shows I have ALREADY paid 1st visit fee.

 

Got an email from local council today with regards my formal complaint. What a load of hogwash! Totally ignored everything I said in my complaint to them, and you could clearly see it was copied and pasted response from Rossendales. Interestingly enough, in their email they stated they have instructed Rossendales to do a DVLA check to find out who owns the vehicle. and that at present I still owe Rossendales £161.00 for the attendance fee and van fee on the 15th of March.

 

So I answered local council's email, basically told them all the evidence I have that Bailiff was lying:

 

Rossendales swear Bailiff spoke to my wife on the 15th of March and left paperwork with her: she wasn't even in the country. Good luck with explaining THAT!

 

Also, that bailiff had refused to return the case to local council when he came around the first time harassing her when she was 7 months pregnant and had just buried her mother who passed away.

 

Basically, told them as this has not been resolved yet, and that Rossendales can't even get the amount right, I am reserving the right to go to step 2 of the complaints procedure.

 

My final parting words to the council:

 

I am disappointed in the fact that Forest Heath are associated with a company that cannot keep accurate records, are responsible for Rossendales as your agents, who blatantly disregard the law, intimidate and harass vulnerable people and frankly I am not happy at all with your response, as it is a clear indication that no investigation took place from Forest Heath, but purely copied and pasted a response from Rossendales, who make up 67% of their annual profits on inflated visit fees.

 

I will therefore more than likely be taking my complaint to step 2, as Rossendales are still chasing an incorrect amount for visit fees and Rossendales are still attempting to collect on an account that is in dispute, despite this contravening all relevant regulations.

 

I however do appreciate your response, however flawed the information may be that was sent to yourselves.

 

Local MP has been in contact again to find out if I'm still being hassled by Rossendales.

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Thanks for the update, I would now escalate complaint and appraise your MP, and Council CEO and leader that the whole situation is now beyond a joke, as they are in control of the bailiff not vice versa.

We could do with some help from you.

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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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They CAN be beaten. Its all just shilly-shallyin hoping you will get 'scared' and pay up. Stand your ground, they have NOTHING on you, just laugh in their face when they spout their crap. They are doing their job, but I found that they DO blatantly lie and deny knowledge of letters/emails etc.....they leave you alone for a while to think you have it sorted then pop up again later. I am expecting a letter from them confirming my account is closed but I shall save millions of copies just in case. I don't trust them not to pop up again in a few years still trying it on. Power to the people and many thanks to the knowledgeable people on this site :)

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  • 3 weeks later...

Just a small update on this. After much confusion on Rossendales part, they agreed that I only owe them £18 and graciously allowed me 21 days to pay. I made them wait 21 days before paying them the outstanding 2nd visit fee today.

 

Formal complaint is at stage 2 at the local authority for the past two weeks now - Is there a timeframe they need to respond to me?

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After much thinking and wondering if it worth the time, I have decided to do the following:

 

We have been hounded by Rossendales for the past 5 years at three various addresses. We were essentially forced to pay Rossendales each year as we could not afford council tax as we were bullied into paying Rossendales for previous year's council tax. So it just snowballed each time.

 

I now plan on sending them a SAR to get all my info from them and see if there were other dodgy fees and payments on our accounts. They bullied my wife each time I was at work, scared her and my three year old daughter each time that they used to hide in the bathroom for hours until I came home after a bailiff visit.

 

If I detect any wrong-doing, I will be using the full extent of the law, with help from this forum, for some payback.

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They will have very little on you that cannot be extracted from them in the way of asking for a breakdown of fees for each account. If you submit a SAR then that gives them up to 40 days in which to comply.

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well done for finally getting them to admit you only owe the £18.00. SAR would be a good idea, hopefully you will be able to see what they have charged and how much you have paid. You might find that you have paid far more than was needed.

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