Bailiff, Rossendale, DESPERATE!!!!!!

[Saffronflowers]

Tigger - do you have a record facility on your phone? Not sure what the email to them said, but at the end of the day, stick to your guns, and write down what they say.

 

Putting it off, will only manke it worse.

Good luck

 

SFx

[Tiggerneedshelp]

quick update: just rang dreded bailiff to my suprise was actually nice this time. though i did say tat the letters had gone out and that it was illegal for on of the wpa, he said hadn't recieved n e thing yet from rossendale but will give it a couple of days.

[Markiemark1]

Tigger - Delighted that Herbie helped out so much on this. I had my suspicions that at least one of these bailiffs would not be certificated. Drives me mad!!!! I've spent so much time and effort getting ready for my hearing tomorrow!! Just have to hope I don't turn into nasty horrible useless piece of s*** if I'm successful in getting the certificate. Anyway, any more help you need then Herbie is a gem, and you've got my details.

 

 

RM

[Guest Herbie]

Repoman

 

Thank you, you've made my day !!

[Tiggerneedshelp]

thank you to you both, good luck for tomorrow you'll be fine. Ive sent the lettrs out today, but i'm also going to have another attmpt at ringing the council and as to speak to somone more senior, as the lady i spoke to first tried fobbing me off untill i told her the facts of knowing that one of THEIR bailiffs was working illegally. I'll let you know what happens.

[Tiggerneedshelp]

tried to ring council got cut off twice, rang back to switch board, made a complaint, she said the line was having difficulties and can put me through to another line "but they may not be able to help you" were her words before she patched me through. they lady i got through to was still addament that it was no long council responsability and infact said that there was a comment on my file saying such. i said i'd like to speak to someone more senior "the lady you spoke to yesterday has already done that" she said. so i insisted. any way she patched me through for a recorded message to say, the line had been closed due to a high number of calls regarding bailiffs, try tomorrow. does anyone know where i can get a

Form 4 (Complaint about a Certificated Bailiff)?

[annaprest2384]

does anyone know where i can get a

Form 4 (Complaint about a Certificated Bailiff)?

Hi you can get a form 4 from youre local county court, which maybe incorporated into your crown court. I got a form today to fill out, they also give u an advice leaflet. You need to send the form to the court where the bailiff applies for his certificate. Herbie advised me to which court my paticular bailiff applies at. Hope this helps, and good luck, i know what youre going through!! x

[Tiggerneedshelp]

thank you anna, the bailiff i'm complaining about doesn't actually have a certificate so i'm not quite sure as to where i would send the form.

[annaprest2384]

Is he an enforcement officer or a non certificated bailiff who should not be collecting the debt? According to my leaflet it says that if you want to complain about a non certificated bailiff you should contact the firm the bailiff works for, complain to the company that the bailiff is trying to collect the debt on behalf of or the magistrates court that issued the enforcement order. There is a telephone number which you can contact to find out what court a bailiff gets there certificate from, you could play dumb believing that he has a certificate, then when she says he isbt registered she may be able to tell you who to contact. He will be braking the law obviously. Non certificated bailiffs are allowed to recover money owed for a variety of debts but cannot levy distress for rent, road traffic debts, council tax, or monies due by any courts. The advice number for court service headquarters is 020 7189 2491 xx

[Tiggerneedshelp]

thank you chick, will give them a ring in the morning. i've found the correct email add for council tax today so hav emailed them, and i've just found the email add for my local MP so am just in the same process. will let you now all.

[Tiggerneedshelp]

Rossendales have rang me today with regards to my email,they are claiming that the bailiff Mr S that wasn't certified basically doesn't exist but that they do have one with a different surname, wic i can't remeber. I requested that I wanted this all in writing. he then went on to say that the bailiff could therefore still enforce the debt, so i kindly told him he would not be recieving anything whilst this matter is in dispute, he disagred and said yes the bailiff would. so any info or advice on my next step would be appreciated. Also have had and email from LCC customer services informing me my email has been forwarded to "Revenues and Benefits section"

[FunnyMan]

Hi Tiger,

 

This is them trying to get out of it, ha, some chance!

 

The question that they cannot get away from is that if the first bailiff who called (Mr. S1) does not exist then how come you have the name on paper? I also notice that you did not say that the bailiff company said that it was Mr. S2 that called the first time and obtained the Walking Possession Order, so who was it then?

 

If you have the paperwork with the signature on from the first visit then a complaint can be laid at the magistrates court which issued the court order that the Council and bailiff company are using non-certificated bailiffs against the law.

 

With regard to the Council I have advised another member here on another thread to do as I have done and ask for certain information from the Council under the Freedom of Information Act (see post #37 http://www.consumeractiongroup.co.uk/forum/bailiffs/83236-claiming-back-baillifs-charges.html). After all it is obvious from the Council's replies to you that they do not either understand the law with regard to bailiffs or their responsibility as a Council in regard to such law.

 

Herbie will be able to advise on immediate action, she is ace, follow her advice and be assured you have all the support of the members here.

[Tiggerneedshelp]

No they didn't say it WAS Mr S2 the said they have this person with this name, perhaps Mr S1 and Mr S2 have the same first name, he didn't say. But then i didn't really give him much room to talk, i demanded it in writing. Though no post from them as yet, or the council or from my local MP. I did however make payment on both council tax debts online yesterday, so i'll do that every week too. Would i need to request bailiff charges be dropped on the 1st as it is void through the courts, how would i stand with the 2nd though as in fairness it is legal?

[Tiggerneedshelp]

"It would appear to me that in many of the cases of overcharging by bailiffs, etc., in regard to Council Tax, etc., that bailiffs, bailiff companies, and indeed the local authority they are agents for are clearly committing fraud as defined by the new 'Fraud Act 2006'. As such any case of overcharging or misrepresentation should be reported to the police and the police must investigate each and every complaint" quoted from funnyman on another post.

 

do i need to do this, why should it come down to this? why can these companies just not take responsibilty insted of being bullies? I know in fairness i got myself in this position and it's taken the big bailiff to prompt me into action. But is money that important that this is the way these companies allow thier employes to act?

[FunnyMan]

Tigger,

 

Wait until my report to the police has been dealt with, then you will hopefully be able to report to your local police with my case as a test case, your local force would then have difficulty saying it was a 'civil matter'.

 

At the moment many (though not all) bailiffs and bailiff companies illegally add charges, some of the victims complain and they usually pay back the victims (though not interest or compensation) and yet the majority of victims do not even know they are victims and therefore do not complain. Hence it is a nice 'little earner' for both the crooked bailiff and the crooked bailiff company (generally the bailiff earns about 40% of the fees whilst the company generally takes about 60% of the fees imposed).

 

I would guess, and at the moment it is only a guess, less than 10% of victims of this crime complain and get their money back. At the same time police forces up and down the country turn a blind eye to frauds conservatively estimated to total between £50 - £100 million pounds a year.

 

Tigerneedshelp, does this answer your question.

[MollieUK]

Tiggerneedshelp,I don't envy you with Rossendale's, they are the most nasty, evil bailiff company known to man. Many years ago I had dealings with these animals, same as you, council tax so you must be in my region. Without going into too much detail, after my dealings with them I was watching TV and low and behold a programme came on telly about Bailiffs and it was Rossendale's, the same witch and her side kick were on it, blatently stating that they loved their job and slept really well at night but what p****d me off was that this witch had a 10 year old son who she took into pubs and clubs late at night while her and her partner were drinking and getting pie-eyed!

 

I so hope you get even with these nasty people.

 

I so wish that something like this website was available then, unfortunately the internet wasn't freely available then.

[The Watcher]

But is money that important that this is the way these companies allow thier employes to act?

 

YES !

 

The Local Authorities also turn a blind eye whenever they can too.

[zuluwarrior3226]

As you have already signed a walking possession agreement and set up a payment plan,you have not stayed with the agreement,then the bailiff has the power to force entry,allow the bailiff entry,sit down and try to come to a settlement,you cannot be made to pay what you dont have,be reasonable dont get angry,and explain your sercumstances,if you are reasonable with the bailiff he should be reasonable with you.

[spitfire650]

As you have already signed a walking possession agreement and set up a payment plan,you have not stayed with the agreement,then the bailiff has the power to force entry,allow the bailiff entry,sit down and try to come to a settlement,you cannot be made to pay what you dont have,be reasonable dont get angry,and explain your sercumstances,if you are reasonable with the bailiff he should be reasonable with you.

 

I am sure these wise words will come in handy, particularly if the OP is still waiting for a response two and half years later.

[maroondevo52]

Hello and Welcome, Zuluwarrior.

 

Like spitfire has said, the post you replied to is old, very old, check the date of the post, top left.

 

Regards.

 

Scott.

[Tiggerneedshelp]

Wow so was I surprised to have a reply in my inbox from such an old post. But then I thought maybe I should just reply and update so others can see how I got on. So...

A very lovely lady pm'd me and I gave her the details of the 2 bailiffs. She checked them out, turns out 1 of them wasn't certified which was my saving grace to sort this mess out.

She then sent me a letter to add detail to and forward onto Rossendales stating that I knew he wasn't and requesting they send the debt back to my council where it shouldn't have left in the 1st place as I was on benefits.

I then sent an email to my local MP detailing everything that was happening and also my council office asking them to take the debt back.

Lo and behold, I received a phone call from Rossendale claiming there was no record of such bailiff on there pay roll, I told them to tell me in writing.

Haha, a letter arrived from them, he did work for them, he was on training at the time and should of had a certified bailiff with him at the time t be able to levy on goods. They were dropping any extra charges on both debts.

I though this was great, I was getting somewhere. Then I had a letter from my local MP, she was disgusted with what had happened, she had writen to my council stating such and that she was very troubled knowing they were working along side such a company.

So, she had my debts taken back to the council and also had them arrange for it to be taken out of my benefits.

I was over the moon x x x

I just want to say thank you for the great help I had from this site, it truely is a god send, thank you every1 x x x

[reorete]

im glad things worked out for you xxxxx

[RaeUK]

Hi ally9, interesting post. However, if you repost in a new thread you may attract more responses. Click the link, scroll down, New Thread button to the left...

Best wishes

Rae.

 

Bailiffs and Sheriff Officers - The Consumer Forums

[MARTIN3030]

I have unapproved the post pending Admin review-please dont post further copies until its been looked at.

[outlawla]

Hi, I am intrigued about the post by ally9 which is refered to in this thread and also the unapproved comment.

 

Hi ally9, interesting post. However, if you repost in a new thread you may attract more responses. Click the link, scroll down, New Thread button to the left...

I have unapproved the post pending admin review-please dont post further copies until its been looked at.

 

Is it possible to enlighten me please?