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    • I am not sure what you are expecting. This is nothing new, it is just that the person concerned caught the incident on camera, that makes it newsworthy, apparently. Simply the EA fell foul of the regulation which defines "relevant premises". I can think of several judgments which agree with this, and found against the Bailiff..: 6)Otherwise premises are relevant if the enforcement agent reasonably believes that they are the place, or one of the places, where the debtor— (a)usually lives, or (b)carries on a trade or business. The bailiff may call at relevant premises, this may or may not correspond to any residential information suppled by the creditor or his office, the provision is permitted under his general powers.   The point is that the EA must have a reasonable belief that the person lives or works there. Once the EA acts outside the procedure authorised by his writ(Schedule( 12), he is open to actions under common law or those rules applicable under other legislation.   Problems only arise when people take this incident to prove something that it doesn't.     There is no disputing that the bailiff and the company behaved atrociously, and there is no denying that DCBL makes a habit of this kind of thing    
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Hi Each

Can someone help me

 

 

a council tax matter in which rossendales have delivered 2 letters to my land lady's house for a council tax debt ,

of which a payment as agreed with the council , and paid to them monthly via SO ?

 

The council will not speak to me about it at all even having been to visit personally on 3 occasions.

 

The property in question is a property I rent out,

they have been given my original copies of tenancy agreements,

they have subsequently mislaid them ?

 

I am panicking like hell now,

 

 

what advice can any CAG member offer please

 

Kind regards

 

AG

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Please would you post up the full story in a little bit more detail on the bailiffs and enforcement agents forum please.

 

Once you have done that, people will know where to look and you will get the help and support that you need.

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I've moved you to the bailiff forum

 

 

please tell us your story using this existing thread

 

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Hi Each

Can someone help me , a council tax matter in which rossendales have delivered 2 letters to my land lady's house for a council tax debt ,of which a payment as agreed with the council , and paid to them monthly via SO ?

 

The council will not speak to me about it at all even having been to visit personally on 3 occasions.

 

The property in question is a property I rent out. They have been given my original copies of tenancy agreements, they have subsequently mislaid them ?

I am panicking like hell now,

 

What advice can any CAG member offer please

 

Kind regards

 

AG

 

As BankFodder and DX100 have said above, we are help to help you but we do need some further background information in order to provide accurate advice.

 

From your question I am assuming that you are now in rented accomodation and the letters from Rossendales have come to that property and the debt is in relation to a property that you own and which is currently let out to tenants.

 

Of concern is that you say that you sent the original copies of the tenancy agreements to the council and these appear to have gone astray. I would assume as well that the tenancy agreements were sent to prove to the council that tenants were occupying the property and that accordingly you are not liable for council tax.

 

If as you say, the ORIGINAL tenancy agreement have gone missing then you do have a problem at present.

 

Surely you must have retained copies of the tenancy agreements? Yes...no?

 

Do you have evidence from bank receipts that tenants were paying you?

 

Did you instruct agents to deal with the tenants or did you source the tenants yourself?

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With regards to the current situation that Rossendales are writing to you at the property where you are now living. Do you have a tenancy agreement between you and your landlady confirming that you rent a room etc and does this agreement state whether the part of the property that you rent is furnished or unfurnished? This will be of great assistance to you with Rossendales.

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As BankFodder and DX100 have said above, we are help to help you but we do need some further background information in order to provide accurate advice.

 

From your question I am assuming that you are now in rented accomodation and the letters from Rossendales have come to that property and the debt is in relation to a property that you own and which is currently let out to tenants.

 

Of concern is that you say that you sent the original copies of the tenancy agreements to the council and these appear to have gone astray. I would assume as well that the tenancy agreements were sent to prove to the council that tenants were occupying the property and that accordingly you are not liable for council tax.

 

If as you say, the ORIGINAL tenancy agreement have gone missing then you do have a problem at present.

 

Surely you must have retained copies of the tenancy agreements? Yes...no?

 

Do you have evidence from bank receipts that tenants were paying you?

 

Did you instruct agents to deal with the tenants or did you source the tenants yourself?

 

Hi

I do not have a tennants agreement for where I reside as I am a live in carer for a person with late stage MS.

I own nothing in the property but my clothes , a tablet and mobile phone .

My allowance gets transferred to pay my rent and I receive ESA.

Given the above and the fact and i pay the council an agreed amount , never faltered, they say that as I did not respond to an update of circumstances letter , sent in Nov 2014, they transferred it to Rossendales.

Although all council tax and benefit comms are sent to my current address it transpires from a phone call made yesterday that it was sent to the address I rent out. There is a RM re direction in place but apparently this communication can not be re directed ?

Contacted the tennants and they have no recollection of any such mail , catch 22 there I suppose.

What do I do ?

Any help would be gratefully received

 

AG

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Apologies, but I'm confused. When you talk about your allowance, are you talking about Carer's Allowance? If so, my understnading is that you cannot claim CA alongside ESA; instead, when you put in your CA claim, you would not receive a CA payment, but a carers element of £34.20 would be added to your ESA payment.

 

My confusion is that you seem to be claiming both. I'm further confused my RM appearing not to be able to redirect specific types of mail - that's a new one to me unless it was addressed to 'The Occupier' as opposed to a specific name.

 

For the account to be transferred to Rossendales, they would have to have a LO in place. A repayment agreement with the council usually comes as a final stage before they apply for a LO. So am I right in thinking that they requested an update of cirumstances. For some reason this letter was never received, or never responded to, and they then got a LO against you for the CT owing, even though they could see payments were still being made regular as clockwork?

 

It's a strange one.

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