rossendales Rossendale's Enforcement Agency voicemail

[hyperjase]

To cut a long story short,

my partner has some Council Tax arrears which went to Court, were passed to the wonderful Rossendales

and now the Bailiff has been out today - the reason?

She's in the midst of a DRO application which is half way through processing - but Rossendales don't care.

 

We are well aware that he has no right of entry (only peacefully which he won't get) - so he knocked on the door and got nowhere.

 

 

A letter pushed through the door with an extra £235 added and his lovely mobile number.

Not to be outdone by this chap, she texted him and he left her two voicemails,

one saying he won't deal with via text and to call him (my advice is not to call only text as there would be evidence of any slip ups on their behalf).

 

Just got the second messaged and have transcribed it:

 

[Debtor’s Name] it’s [Mr Bailiff] from Rossendales calling again,

I need to speak to you regarding this outstanding debt,

I simply cannot and will not communicate with you via text errr simply refusal of …

errr not to answer your phone or speak to me is classed as non-cooperation

I do need to speak to you and try and sort this out with you …

OK, thank you bye

 

 

What's this non-cooperation malarky?

The National Debtline who my partner is with have told us we don't have to speak to him at all

- but he's claiming refusal to answer your phone is non-cooperation??

 

Has he slipped up here or just giving out verbal diarrhoea and trying to get the wind up her.

If he's slipped up I'll make sure Rossendales are taken to account for such actions

- I do think it's just him bullying.

 

One final question - if he continues to ring, numerous times per day, could that be classed as harassment?

 

Many thanks!

[i hate bailiffs]

Rossendales will be acting lawfully as far as collecting the debt goes

You are right you do not need to speak with him

Bailiffs lie as always keeping copy of texts is a good idea

 

I take it this debt will be included in the DRO

 

Anything of value outside is at risk car ect

[ploddertom]

I'd be inclined to text him back and ask which Law states that you have to speak to him?

[hyperjase]

We have a car outside but it's on hire purchase and solely in my name, the debt is solely in my partners name so they can't touch it.

 

I think my partner is not going to contact him again, but I'm still curious if he keeps calling could it be classed as harrasment?

 

And this debt is part of the DRO and they advised my partner not to make any payments so she's adhered to that.

[caledfwlch]

If you have a Smartphone, Android or Apple, then there are plenty of Free App's that allow you to record phone conversations, so if you get one, you can deal with him on phone, so he speaks to you rather than refusing to commit to text (he clearly isnt daft enough to make any unlawful threats in writing) but you may well trap him in a recorded phone conversation.

 

It is totally legal to covertly record phone conversations, normally if you were to go to Court and use a secretly recorded phonecall or secret recording from a meeting in person, you would supply a transcript to the Court, and it would be up to the Judge's discretion whether he also listens to the recording

 

It might be safer to park your car a street or two away, or even better on a neighbours drive, or pub carpark (if Landlord gives you permission)* as recently they seem to be taking 3rd party's vehicles with little to no comeback from the courts, and it can take the 3rd/innocent party ages to get the vehicle back. I can also well imagine some Bailiff's claiming that even though its your car and your wife's debt, as your wife she holds an interest in half your car, they have also been seizing cars on HP, something Bailiff Advice and other posters are urgently looking at/dealing with, so it might be safer to put it out of harms way just so the chap doesn't get tempted.

 

* They are not allowed to clamp or remove debtors or any vehicles that are parked on someone elses drive or private car park, they can only clamp/remove a car parked on the "Highway"or the drive belonging to the debtors home.

 

BA, PlodderTom etc, I wonder if Rossendales can go whistle for their fees or if the OP's Wife should include the fees onto her DRO application to stop them coming back and haunting her once the DRO is in place?

[hyperjase]

The above quote in my original post is the actual answerphone message he left, managed to get both safely on to my phone as a downloadable file so keeping that safe. Not heard anything from him today so fingers crossed he's off to find bigger fish (who actually are able to pay).

 

When I spoke the National Debtline on my partners behalf they said outright they can't clamp or take the car as the V5 is in my name and also on HP. I'd be interested to know what the finance company would say knowing their vehicle has been taken! Probably not much!

 

Thank you for the advice, living on a main road it makes it tricky to park elsewhere but he's already visited and has likely taken the reg and checked into HP status.

[lookinforinfo]

Do the Council or bailiffs know that she is applying for a DRO?

[hyperjase]

Yes, they won't do anything until DRO is complete.

[lookinforinfo]

As the Council know of the DRO they will be trying to get some money out of you before the DRO kicks in. Hence the bailiffs who will also be doing their utmost to get your partner to cough something up. So clamping your car could be a means of getting some money.

[hyperjase]

But surely that the car is my name and HP is only in my name they can't touch it because I have nothing to do with the liability.

[wonkeydonkey]

Have a read....

 

http://www.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=ori&sa=Search+CAG#gsc.tab=0&gsc.q=ori&gsc.page=1

[brassnecked]

Keep the car away, and have docs ready to show EA/Creditor

 

How much is car worth, how far along in contract? The EA from Dossers will try to have it away. Those beneficial interest judgments have enboldened the bailiffs and they will probably snatch anything until the situation on HP goods is clarified.

[hyperjase]

Car is worth around £1500 I think, not much to be honest! 20 months paid of a 36 month agreement. Think I will leave it on our next doors drive, house is for sale and no one living there. Will have documents handy just in case but I'm hoping this EA isn't too bright.

[GrumpyToSayTheLeast]

Applications to enter third party properties to remove goods are on the rise. All it takes is a neighbour to confirm the car is yours and in a very short time, a court may grant permission for it to be removed.

 

I haven't done it, and personally, I wouldn't run the risk of doing it, bit finance may not stop it being taken, especially if there is equity in the car.

 

I bet your wife is on the insurance? It makes no difference who is named on the v5.

Who is named on the receipts? Who is named on the finance? Joint finance?

[hyperjase]

The car is mine, only in my name, no joint finance but she's the main driver on the insurance.

 

Here's one for you, we have a U type drive, drive in, drive out. We can put our caravan behind one (1991 model not worth much!) then park the car up to the others preventing them being opened, can they jump over these gates??

[GrumpyToSayTheLeast]

We would ask to see insurance, we would see she is main driver and would likely take car. Its essentially bought by you but its her car. I'm sure you can see how a judge would look at that. He can and will delve as deep as who's account payments are from, who pays onto that account etc etc. You may be lucky and get car back, but the ea will still look to secure until proof or payment is secured.

 

Yes, the ea will jump a gate.

[hyperjase]

Parked in neighbours drive = can't take?

[GrumpyToSayTheLeast]

They cant take immediately, but clandestine checks can be done and the courts permission to enter said neighbours drive can be gained.

[hyperjase]

Great! This DRO better be quick!

 

We have a garage we could lock it in?

 

Not mentioned before as it's full of other stuff (like two motorbikes on finance)

[GrumpyToSayTheLeast]

Is the garage attached to the dwelling? As in brick of the garage meets brick of the house?

[ploddertom]

Going back to your original post - do I take it these are arrears from a time before you got together?

[DragonFly1967]

Yes, the ea will jump a gate.

 

Genuine question.

 

How does that sit with the TCOGR 2013, Section 20...

 

"The enforcement agent may enter relevant or specified premises under paragraph 14 or 15 of Schedule 12 respectively, or re-enter premises under paragraph 16 of Schedule 12, only by—

(a) any door, or any usual means by which entry is gained to the premises (for example, a loading bay to premises where a trade or business is carried on); or

(b) any usual means of entry, where the premises are a vehicle, vessel, aircraft, hovercraft, a tent or other moveable structure.

 

Surely to god, jumping over a wall or gate isn't a "usual means" of entry?

[hyperjase]

Brick attached to the house but just attempted after moving everything, car won't fit!

 

Yes they're from a period we weren't together.

[brassnecked]

Brick attached to the house but just attempted after moving everything, car won't fit!

 

Yes they're from a period we weren't together.

 

That might put the car out of reach, I say might

[hyperjase]

It's not an option now, built in the 70's it's far too narrow to get the Galaxy in.

 

Another option; what happens if they are unable to remove the vehicle, ie caravan blocking one gate other chained and padlocked. I understand they can still clamp but can't physically remove off site.