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I had an agreement to pay Rossendales each month for outstanding council tax, and this was being paid.

 

I then had an issue with their website, where it did not reflect payment on their end, despite me showing them proof via an online screenshot.

 

I had to do a chargeback to get the money back.

 

They then sent another bailiff in the middle of March to come and they then added on another £161.00 to the outstanding amount.

 

They then reset my agreement to the original amount each month, which i paid the beginning of April, May and June,

leaving the original council tax amount fully paid up, and the total remaining of £161.00, which was their additional fees they had placed.

 

I emailed Rossendales and said I would not pay their additional fees, as this was a mistake on their part, and received today in the post a response to my complaint.

 

Of the original amount that I had paid, this consisted of the following:

 

1. Outstanding Council Tax: XXXX.XX

2. First Visit Fee: £24.50

 

Then when bailiff came to visit middle of March, they added on £161.00, and according to the letter of complaint,

this consisted of the bailiff applying a levy to a vehicle, so fees were applied to our account of £110.00 and the levy fee of £51.00

 

No 2nd visit fee was added.

 

According to the person who wrote the letter, these fees are correct and have been applied in line with Regulation 45 2(a) and 2(b) of Schedule 5 of The Council Tax

(Administration and Enforcement) Regulations 1992 as amended.

 

Now I have a problem with them stating that they placed a levy on a vehicle: Neither my wife nor I own a vehicle!

 

I drive a company car, and that car was not on the property as I was at work when my wife phoned me about the bailiff being at home,

so he would not even have my mistakenly seen my company car.

 

So I disputed the charges, and Rossendales returns with the letter saying that according to

Regulation 52(4) of the Council Tax (Administration & Enforcement) Regulations 1992 (as amended),

stipulates that all monies received will discharge any fees first, and therefore I actually still owe £161 on the liability order.

 

The letter ends by saying the account will be put on hold for 14 days to allow me to pay £161.00 in full, failing this it will be placed with a bailiff for further action.

 

Please help! I don't know how to respond.

 

I'm assuming the £110 fee is related to the percentages charged, as well as the levy fee on a vehicle I don't own, so therefore surely both these charges are illegal?

 

Please help, I need to write a letter to them and dont know what to say.

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god why did you ever pay the bailiff

leaves people wide open to willy nilly fees.

 

have you ever:

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"

.


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Hi dx100uk,

 

I did all of the above previously. Only one liability order, have the date etc.

Amount correct, plus £24.50 added on for first visit fee. This was paid off on a monthly basis until mid-march when bailiff came and levied someone's car and added on £161.00.

 

Now total outstanding amount of liability order + first visit fee of £24.50 has been paid, leaving £161.00 outstanding, which Rossendales is insisting is actually still part of the liability order, as they took their fees first and then applied my payments towards the outstanding liability order.

 

However, I don't know who's car they levied, no details have been provided and we don't own a car.

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yea sorry

totally unlawful.

 

ask them for a copy of the Levy notice

 

which you should have been given anyway

 

they cant levy & charge vehicle attendance [which I bet that is ] on the SAME visit.

 

but as you've NO CAR, that make the levy invalid

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Was thinking of writing the following letter:

 

To:

Vivienne Calderbank

Complaints and Welfare Administrator

Rossendales Ltd

Address, etc etc (That is the person who signed the letter)

 

Dear Ms Calderbank,

 

Thank you for your letter dated the 6th of June 2013.

 

I have noted the contents of your letter and notice a couple of discrepancies in your letter. This being the following:

 

You state that on the 15th of March 2013, your bailiff re-attended our property. During his visit he spoke to my wife, who refused him entrance to our property. And I quote from now on: "and the bailiff levied on a vehicle. Fees were applied to your account for this visit of £110.00 and £51.00, the latter being the levy fee" unquote.

 

Please supply me with a copy of the levy notice, as I believe your levy to be unlawful due to the simple fact that we do not own a vehicle, so therefore you have applied a levy towards a 3rd party.

 

Please note that while this account is still in dispute, you may not attempt any enforcement action on this, so threats of handing over to your bailiff in 14 days time if we do not pay would also deem to be illegal.

 

Yours faithfully,

 

Mr Extremely Fedup

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I'm assuming the £110 fee is related to the percentages charged

 

there is no such % fee allowed on CTAX collection

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Time to also send a Formal Complaint to the council, Head of Revenues, copied to CEO, elected leader, local member, and MP, asking how they can justify the unlawful actions of their agent Rossendales, for which they are wholly liable; viz application of fees for a levy on third party goods amongst other issues.


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Is there any updates from the OP on this one

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So I sent off the following email to them, and popped a hard copy in the post as well. I'm eagerly awaiting their response:

 

Thank you for your recent letter dated 6th of June 2013.

I have noted the contents of your letter and notice a couple of discrepancies in your letter. This being the following:

 

You state that on the 15th of March 2013, your bailiff re-attended our property. During his visit he spoke to my wife, who refused him entrance to our property. And I quote from now on: "and the bailiff levied on a vehicle. Fees were applied to your account for this visit of £110.00 and £51.00, the latter being the levy fee" unquote.

 

 

I require you to provide me with the following information:

1. Make, model and registration number of vehicle levied.

 

 

2. Date and time of alleged levy on above vehicle.

 

3. Please supply me with a copy of the levy notice, as none was left behind, despite this being a requirement I believe.

 

4. What measures did the bailiff take to ensure the above mentioned vehicle did indeed belong to us, BEFORE applying the levy.

 

 

I also then require the following information:

 

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.

In summary, I believe your attendance fee and levy fee to be illegal and a total fabrication on the part of the bailiff, and Rossendales , to defraud us of additional fees. Therefore I am still disputing these fees.

Please note that while this account is still in dispute, you may not attempt any collection action on this, so threats of handing over to your bailiff in 14 days time if we do not pay would also deem to be illegal.

Also please note: As the Liability Order has been satisfied, you no longer have any legal right to attend/visit my property. Should any agent/bailiff acting for, or working for Rossendales attend/visit my property, they will be deemed as trespassers and treated as such.

 

Yours sincerely,

 

Mr Extremely Fedup

 

 

HARD COPY TO FOLLOW IN THE POST

 

 

I've also sent off a formal complaint to the head of revenues of council, copied in CEO and MP.

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Is there any updates from the OP on this one

 

I'm still awaiting their reply. :)

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I would give them 10 days, if no response then I would escalate the complaint.

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Don't worry. I am taking this further. There are so many things incorrect with the letter that they sent, I have not addressed all the inconsistencies and lies in the letter, but I'm waiting for their answer before I take it further.

 

Basically, providing me with false information to attempt to defraud I think I'll be saying to the courts.

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Just an update:

 

Got a letter from Rossendales' complaints department saying sorry to hear I have a problem, and they will investigate my complaint and aim to get back to me within 10 working days.

 

More than likely they're scurrying around looking for answers.

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Don't worry. I am taking this further. There are so many things incorrect with the letter that they sent, I have not addressed all the inconsistencies and lies in the letter, but I'm waiting for their answer before I take it further.

 

Basically, providing me with false information to attempt to defraud I think I'll be saying to the courts.

The problem with this is that plod will be reluctant to act and say it is civil, you could furnish the certificating court of the bailiff with a letter to the District Judge about the bailiff, that will lie on file until his certificate is renewed.

 

But do NOT use a Form 4 for this one.


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The problem with this is that plod will be reluctant to act and say it is civil, you could furnish the certificating court of the bailiff with a letter to the District Judge about the bailiff, that will lie on file until his certificate is renewed.

 

But do NOT use a Form 4 for this one.

 

Yes, exactly my plan. Don't worry, I have read extensively on this site about form 4, wont be doing that.

 

IF Tossendales do what I'm hoping they do, I will have grounds to take it further.

 

I have also read with interest on this site about small claims court and trespass.

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The Local Government Ombudsman's report against Blaby District Council could not have made the point clearer about a bailiff levying upon a car that is not owned by the debtor.

 

You must ensure that you bring this report to the attention of Rossendales and you may wish to "remind" them that the Blaby report related to a complaint regarding Blaby District Council and their bailiff provider........

 

ROSSENDALES LTD

 

Also, if a levy upon goods is made there is a LEGAL requirement to provide a Notice of Seizure of Goods & Inventory.

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tomtubby, thank you for your comments.

 

I am approaching this methodically, firstly using rossendales complaints procedure, copying in my local council as well as MP. According to Rossendale's own timescale, they have another 5 working days to respond to me.

 

I'm showing "good faith" in following the correct procedure, and if Rossendales decide to not play ball properly, they will be getting further grief from me.

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So, Rossendales decided to ignore their self-imposed 10 working day limit in getting back to me regarding the complaint. Now escalating further.

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Watch them say 10 WORKING days.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Just an update on this:

 

I received a response from Rossendales over the weekend. As I correctly predicted, they have levied on a random vehicle that I don't know who it belongs to. We live at the bottom of a Close, and glancing out of my window now, I see about 8 vehicles all within about 30 meters of our property.

 

They never addressed all my questions regarding the two bailiffs that visited our property, one in February, who they called a "First visit bailiff" (No certification details were given for this one, even though 1st visit fee was charged), but the details were given of the 2nd bailiff who visited in March and did this random levy on a vehicle.

 

So I repeated my questions they did not answer in my reply to them, and then dropped the bombshell that I had no idea who the owner was of the vehicle. I helpfully attached a copy of the Blaby council report of the LGO against Rossendales, and reminded them that my case was not a random isolated case.

 

I have also been in contact with the CEO of the local council (who hasn't bothered to reply yet), as well as my local MP (An aide has already responded and said the MP will look into the case and respond to me in writing asap)

 

Now I have a question to ask, but would like to keep it off thread for the moment. Could I please ask someone more knowledgeable about bailiff certification than myself a question via PM and see if it seems as fishy as I think it does?

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Itis actually better to ask in the open as it does let others respond as everyone has different thoughts, only in cases where there is privileged information should it be done otherwise.


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Ok, got you.

 

Well here goes:

 

Bailiff "B", who came to visit us in March 2013 and levied on a random vehicle. I requested certification details from Rossendales. They replied that he had been certified at

"ABC" County Court on the 28th of November 2011. I checked the online register for Bailiff "B". No results were found.

 

I emailed the bailiff register, who responded with the following:

 

I confirm the register shows Mr B’s certificate held at "ABC" County Court expired on 03.01.2012; however you may wish to contact "ABC" County Court to check if he has renewed his certificate with them as we can only update the central register if we receive the relevant documents.
I thought a certificate was valid for 2 years? Would the bailiff register not have been updated within the last year and a half?

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A Bailiff is awarded his Certificate at any County Court within England or Wales and that lasts for 2 years when he may apply to renew it but not necessarily at the same Court. The Register is not always up to date and although all details are now held at Northampton they are still reliant on all the County Courts notifying them. It used to be that records only had to be updated twice a year and it looks as if some are still doing this now. To find out the correct details then you should contact the relevant Court where the Certificate was awarded for the current status. In particular you need to know if the Certificate was current at the time of visit to yourself.


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Yes, I dropped an email to the same County Court that rossendales indicated he was certificated at.

 

What I don't understand is Rossendales claims he was certificated at the County Court in November, but according to bailiff register his certification, at the same county court, expired 36 days after Rossendales claims he was certificated.

 

It's neither here nor there, as levy is invalid, but I want to ensure Rossendales get another complaint against them if there are irregularities.

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