Rossendale Bailiffs need help asap pls

[dx100uk]

here we go:

[zanadu]

Thank you, so take it those are not the form 7 they have to give me once clamping my friends car?

[zanadu]

Looks like i got no choice but to pay their £190 fee's cos read on another thread your not allowed to remove the clamp once Levied, just confusing as some say if it wasnt my car so be it if car disappears, then read elsewhere NO dont touch clamp. Im so stressed now

[hallowitch]

yes that's Rossendale's version of a form 7

 

 

why would you pay the fees

 

 

1) its not your vehicle

2) proof was provided at the time of the levy that the vehicle wasn't yours

3) you are not responsible for the actions of the owner (removing the clamp)

4) the £160 fee charged under other is unlawful the only fee that can be charged the day of the levy is the levy fee and walking possession fee (if the walking possession is signed) if the goods belong to the debtor then the fee is legal in your situation its not

 

 

the £160 fee is probably an attendance to remove fee they used to try and get away with it by calling it an enforcement fee and cant be charged the same day as the levy

http://www.bexley.gov.uk/CHttpHandler.ashx?id=3028&p=0

C For one attendance with a vehicle with a view to the removal of goods (where,

following the levy, goods are not removed):

 

[zanadu]

Thank you Dont want the owner getting into trouble taking clamp off though. Can they track where car is to get them done for it?

[ploddertom]

When was the Bailiff last back?

[zanadu]

Tuesday to clamp car

[brassnecked]

Thank you Dont want the owner getting into trouble taking clamp off though. Can they track where car is to get them done for it?

 

If they did it would be the bailiff getting sued for Tort unlawful interference with goods as an option. If the clamp is applied unlawfully for a third party debt then the rightful owner can sue for the consequential loss including car hire whilst their car is unlawfully clamped.

[zanadu]

Will read up on it now, thank you.. Dare not ring them yet to collect clamp too stressed and nervous atm especially on my own with the kids, will deal with them when they finally turn up

[ploddertom]

Tuesday to clamp car

 

I would contend he knows he couldn't seize the car as it is the property of a 3rd party - his story of he can as you were observed in it is pure fantasy. In any case I would also say as he has never been back to check he has abandoned his levy anyway. He may say he totally forgot about the clamp - in which case charge him storage for the clamp.

[zanadu]

Ploddertom do they have to come back within a certain amount of time 'once clamped' To take the car away or would it be classed now as Abandoned Levy.. To be honest i thought they was just making me sweat to pay the £190 charges

[ploddertom]

Ploddertom do they have to come back within a certain amount of time 'once clamped' To take the car away or would it be classed now as Abandoned Levy.. To be honest i thought they was just making me sweat to pay the £190 charges

 

In theory the fact it was clamped is a form of impounding. However he should make regular checks to make sure the goods are in good order, in my view this should at least be every 3-5 days and as it is now 1 week+ then he lost any chance to be able to do anything'

 

I don't doubt that any approach made to Rossendales will result in lots of hot air about why they have done nothing wrong - most of it comes from their new book Bailiffs for Dummies.

[zanadu]

Thanks i will just wait till they come to me and act dumb regarding car, then hand them clamp back un damaged ' Taken photo's for proof'. Just dare not have another car on my drive incase they bloody clamp that too for outstanding fee's 'which is ridiculous way to live'

[brassnecked]

Thanks i will just wait till they come to me and act dumb regarding car, then hand them clamp back un damaged ' Taken photo's for proof'. Just dare not have another car on my drive incase they bloody clamp that too for outstanding fee's 'which is ridiculous way to live'

 

Hand him the clamp, and sing him the bailiff lost clamp lament to a blues riff

 

AHH woke up dis moaning

And I found the car was gone

said AHH woke up dis moaning

And I found the car was gone

Rightful owner took it

the clamp he done left it

On the drive den he's gone

 

No seriously just tell him the owner came took the car, and cut off the clamp, and you were not in at the time so don't know when it went. He might huff and puff but as it isn't your car he would be cutting his own throat if he was daft enough to call the plod.

[zanadu]

lol

 

Its funny because Equita posted a Form 7 on the same car

BUT a week earlier than Rossendales for an outstanding bill to another Council,

but i paid that in full too,

 

Equita saying i owe them £62 for their calling out fee's

but i said legally you only allowed to charge me £42.50 for 2 visits but they said no its £62...

 

so both Bailiff companies put Levy on same car

[zanadu]

Am i correct with the above Equita can only charge 42.50?

[dx100uk]

visit fees and levy fees cannot BOTH be charged on the same [one] visit.

it must be one or the other.

 

dx

[zanadu]

Hi DX

 

no this is with Equita

 

they put a Levy on same car as Rossendales ' week before Rossendales'

 

Rang them up today as id paid my LO off other day along with Rossendales LO,

 

but Equita said fee's are outstanding of £62 for visits but i refused to pay saying it was £42.50 they say its not

[dx100uk]

as far as I know

 

two visits = £42.50 like you.

[brassnecked]

Same here, perhaps Crapquita have been online and amended the online bailiff Wikifees and invented a Removal of Unlawful Levy Fee of £20

[zanadu]

I asked Equita yesterday to send me a breakdown of the £62 fee,

received it today and

 

it just said Removal Fee of £62.

 

Obviously once they put Levy on car on 3rd they must of done a DVLA check for ownership

and known car wasnt mine

or they'd of Clamped it before Rossendales did on the 11th.

 

So guess i will have to pay the 62

whenever i have it or they gonna hound me

[hallowitch]

no you do not have to pay it

 

they have no levy on YOUR goods

 

they cant charge an attendance to remove fee if they have removed the levy fee

because they confirmed with the dvla that the car does not belong to you

then the attendance to remove fee should have also been removed from your account

 

you really need to make formal complaint to the ceo of the local authority's concerned (bailiff levying goods that do not belong to the debtor and charging fees

 

Has a bailiff "levied" upon a car that is NOT owned by you ??... LOCAL GOVERNMENT Ombudsman'S Report !!!!

 

read post 6 of this thread

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?374293-Local-Government-Ombudsman-Report-on-Councils-and-Bailiffs

[zanadu]

Thanks

[zanadu]

Just a question 'yes another' Friend back tomorrow and wants to personally take clamp into Rossendales, can he swear on Oath at local courts or solicitors stating car is his before he goes seen as they wont take documents as proof of ownership?

[zanadu]

Hi Guys just updating regarding this matter.

 

No heard anything from Rossendales since they clamped my friends car until today,

 

was out all day and come back home to a Final Notice of £160 for council tax.

 

but i have a letter of payment from council showing im paid in full,

now this £160 is for the fees they charged me on the day of clamping my friends car ' clamp is still in garage'

 

What do i do,

 

are they going to try seize goods or clamp another car for these fee's?

 

Thought id seen back of these, but its a different Bailiff thats attended today