Time to revisit these people with another letter. It is best to post up a draft so that Caggers can help fine tune it. Looking at the reply from rossendales, did you use the Freeman Common Law trumps Statute argument?. I would email followed by hard copy, to the CEO and all the others including MP a letter marked FORMAL COMPLAINT, noting that you will progress this to the local Government Ombudsman. ., along the lines of "Despite our previous correspondence your agents, Rossendales, with whom you are vicariously liable both jointly and severally for their actions, have continued to press xxxx for payment of a debt on property address in which he has never had any interest by lease rental, or any other means. This continued pursuit may well amount to Criminal Harassment contrary to Section 40 of the Administration of Justice Act which: "makes it a Criminal offence for debt collectors to make demands for debt payment frequently or “subject him or members of his family or household to alarm, distress or humiliation" This test is satisfied by virtue of the continued pressure to pay for a debt he doesn't own causing undue distress as they have ignored all evidence to the contrary and continued their now vexatious action. Their actions may also fall foul of The Protection from Harassment Act 1997, under which It is an offence to “Cause harassment, alarm or distress” which must happen on at least two occasions and can be verbal or written. We consider that the actions of your agents Rossendales who continue pursuit in the face of evidence to the contrary does in fact amount to harassment contrary to the law, so will be seeking redress by initiating a complaint with the police, and as Rossendales hold a Consumer credit Licence, Trading Standards I had hoped to sort this matter out in an amicable and timely manner, but your agents continued action now means I must progress this complaint to a higher authority. Yours faithfully Aggrieved wrongfully chased person Other Caggers can add to and dissect this skeleton for better impact also, or completely change it for something better, but it is a start for your consideration to sort this situation out. This one may well need advice from tomtubby, ploddertom, hallow and the others. Tingy and Fork-it, and Greenpimpernel may also have something useful to add imho

Nice one! They don't like it when you give it back to 'em

They all like to build their little empires, and theitr blatant disregard of guidelines and ultra vires actions, where they seem to be making it up as they go along in complete disregard of the regulations in a "Leading Beyond Authority" power grab scenario makes a FOI request as to how much has been spent on Common Purpose training a reasonable thing to do.

I don't think they can, any more than a PCSO could remember. a PCSO, and a bailiff are not "Sworn Constables" (Special Constables are though), therefore don't have a warrant card that confers the extra powers of arrest over and above the citizen, so it may be woeful for the likes of bailiffron if they cuff the debtor and drag him to a police office. most likely they would be treated the same as the employer who dragged the employee that stole off him to the police station; i.e banged up themselves imho

Elliott2011, I would at least write/email a letter via www.writetothem.com, where you can get your MP detaiis and send a letter to them via the site PDQ to get them in the picture, then when they (rossendales) don't respond with all the information you requested and witter on about £10 for a SAR, after the 14 days is up. Then the MPs are up to speed, with what the situation is. Hope this helps, and others will no doubt be along also with options.

They must have a "Common Purpose"

I think that BOTH MPs the one in the council area chasing the debt, and the MP where you live now, should be contacted, along with the CAB, who may be able to help. The MAIN issue is how does it help you, or anyone by chasing a student who is wholly reliant on Student Finance for subsistence. It is repugnant to have to borrow and become deeper in debt to pay legal sharks like tossendales their possibly and most likely due to nothing to levy on illegal fees This also begs the question for the MPs as to how would rossendales recover money off a rough sleeper would they seize his sleeping bag?

I think there is a grey area, but bailiffron thinks that Dog The Bounty Hunter powers apply here. I would have thought that the actual arrest would have to be by police, as PACE etc would have to be adhered to when taking someone into custody, however I may well be wrong

The removal of the levy on the car is first priority, now, as they will think they can tow it away, then the others can look at how to unpick the other fees imho

The Stat Dec showing your fathers ownership of the car used to levy on, renders the levy illegal, and it's associated charges have to be removed, so whether they are excessive or not, is immaterial, the car is not yours ergo the levy cannot stand, ALL charges have to be removed , which will lead to one seriously peeved bailiff but so what?

Hi CAA1977 leakie has given you some good pointers there, you need to ask the council when was the Liability Order obtained, and how much is it for, as there may be a whole raft of bailiff fees in their figures, and not all of them may be "correct" they may well tell you to deal with the bailiff, and refuse to take the account back. You should start paying a regular amount, say £10 per week or £5 if that is all you can realistically afford, using the online payment system to the council to establish a payment record. State your intention in any letter, and explain that due to the pregnancy of your wife the family as a whole may well be vulnerable under the National Association of Enforcement Agency 2002 guidelines.: quoted from http://www.hmcourts-service.gov.uk/infoabout/enforcement/bailiffs/standards.htm#part10 Vulnerable situations Enforcement agents/agencies and creditors must recognise that they each have a role in ensuring that the vulnerable and socially excluded are protected and that the recovery process includes procedures agreed between the agent/agency and creditor about how such situations should be dealt with. The appropriate use of discretion is essential in every case and no amount of guidance could cover every situation, therefore the agent has a duty to contact the creditor and report the circumstances in situations where there is potential cause for concern. If necessary, the enforcement agent will advise the creditor iffurther action is appropriate. The exercise of appropriate discretion is needed, not only to protect the debtor, but also the enforcement agent who should avoid taking action which could lead to accusations of inappropriate behaviour. Enforcement agents must withdraw from domestic premises if the only person present is, or appears to be, under the age of 18; they can ask when the debtor will be home - if appropriate. Enforcement agents must withdraw without making enquiries if the only persons present are children who appear to be under the age of 12. Wherever possible, enforcement agents should have arrangements in place for rapidly accessing translation services when these are needed, and provide on request information in large print or in Braille for debtors with impaired sight. Those who might be potentially vulnerable include: the elderly; people with a disability; the seriously ill; the recently bereaved; single parent families; pregnant women; unemployed people; and, those who have obvious difficulty in understanding, speaking or reading English. Remember that you will be liable for some fees but Caggers will help you to minimise them. If you have telephone contact with council or Equita, try to record the calls, as bailiffs have selective memories of phone calls. It is quite possible that the council front desk is outsourced to Capita who happen to own a bailiff firm Equita. which may explain any reluctance to take the account back. As Leakie has stated batten down the hatches and do not let them in. the bailiff is a liar, and cheat, but cannot at this stage use Thor's Hammer to break down your door, return with locksmiths, send you to jail. Do not open the door to him they are noted for trying foot in door and pushing people out of the way in an urge to get a levy. Do you receive any benefits, or are you eligible for them like Council Tax Benefit, on low income grounds? as this could reduce the liability. Above all DON'T PANIC, others will be along with help later.

Re post #6 tomtubby, for clarity if Op was a student and a retrospective certificate from the college was submitted, and it transpired there was no liability due to exemption would the bailiff fees, and costs of LO still remain payable?

Hi Leakie I have been following the ISA saga as it has direct bearing to activities I am involved in, and I asked the ISA directly if it applied to bailiffs, and did they have to register, they told me it didn't as they were exempt like police officers are. However with pressure on MP you never know, bailiffs may be caught in the net in future. You wouldn't be able to use the SVGA in your letter, as it is not a legal obligation for bailiffs to register but stress the issue of vulnerability under the NAEA 200 guidelines, as to her poor understanding of English, quoting and highlighting how she is vulnerable, and that her vulnerability means the whole family is therefore classed as vulnerable.

The Safeguarding Vulnerable Groups Act 2006, does not apply to bailiffs, in so far as they have no obligation to register, as their activities and contact with vulnerable persons is not regarded as "Regulated Activity" and the coalition government is watering down more draconian aspects of the Bill, However, it may be that if a bailiff is particularly obnoxious, he could be referred to the ISA for a barring decision to place him on the barred list. This could come back to bite him on the bum at some future time. They should have to register imho, as they do have regular unsupervised contact with vulnerable people on a daily basis, with multiple contact to the vulnerable person.

There are several approaches and the more knowledgeable regulars, usually come up trumps, because the bailiff cannot resist a bit of spivvery with his fees, a little here and a little there in breach of the regulations. There should be more along who will have a take on your situation to help you move forward.

To that council and MP and copied to your own MP as it is the MP for where you are resident who should help imho others will have further pointers

The one thing you have of any value is likely exempt from seizure as it is needed for the furtherance of your education. Your lack of any real income, as you are living off borrowed cash, means you should complain to CEO of council Council Leader, Councillor and MP, to highlight the inflexibility of the council in dealing with people in a difficult situation, also ask the MP to justify a system that adds debt to debt for people on low incomes, in a manner comparable to loan sharks, trapping people in insoluble situations.

"They have a tendancy to call out at horrific times, the last time they called out was at 5.57am!! not a nice time for someone to be hammering on the door, although in fairness the bailiff that day was very civil and friendly" Just for clarity, are bailiffs allowed to call at such an early hour? i.e is before 6 am reasonable within the legislation?

The bailiff shouldn't return today as they shouldn't call on a Sunday. You don't have to deal with a bailiff, nor let them in so if they call again do not open the door to them, answer through the letterbox or a window.and if you have a motor, park it away from your premises. If a window is open or a door unlocked they can come in through it however. if you have a porch with an outer door, close and lock that also. You could ask the council how much the actual Liability Order is for, and when it was obtained. You could pay something to the council using their online payment system, which they cannot refuse, you must do this on the same day weekly, at an amount you can realistically afford say £10 per week they will turn round and tell you to deal with the bailiff if you try to negotiate with them. If you do this regularly without fail to establish a payment record you may be able to limit the amount of fees they can charge, but beware, bailiff fees are payable over and above the amount of debt. Others with far more knowledge will be along soon I am sure. Above all DON'T PANIC Caggers are a helpful bunch, and bailiffs have far fewer powers than they would like you to think they have. They cannot force entry, take you off to prison, pose as Warrant Officers, use your toilet, phone, return with locksmiths, bring down the Gorgon, Kraken, or Orcish Horde to extract money you don't have, nor walk off with that old sofa if it is all you have to sit on at this stage if at all, once this is sorted. The bailiff is an accomplished liar, cheat and bully, so don't believe a word he says, if you phone them (or the council) make sure you can record the call, you don't have to tell them you are doing this despite what they would say if they knew you were.

Copy it to Head Of Revenues, Council CEO, Council Leader, Local Councillor and MP, as a Formal Complaint. Also have you anything in writing as to the discharge of the liability effectively something showing a zero balance?

Along with Rae, I am very concerned with "Bailiff is coming back monday for full amount to my new address (after she called the council where I work and had a discussion about me with the council tax department- identifying me as a council employee and talking about personal information )." Is this not a breach of data protection, or will they misguidedly say RIPA, or something else allows them to discuss a council employee's personal information? The fact OP works for the council is nothing to do with a bailiff. If it had been AN Other they would have no right to personal benefit information? Further does this imply that bailiffs contracted to this council are in the habit of obtaining and discussing debtor details with council Benefit Officers? Further still, does it mean that if a bailiff elicits employment information about any other debtors they then contact their employer asking for personal data? This is deeply repugnant. This needs a Formal Complaint to line manager and above in HR. I would contact the council CEO, councillor and MP. Others will be able to flesh out a suitable complaint. I hope tomtubby sees this and can comment. Perhaps bailiffron can also share his knowledge as to the legality of this , would he get a warrant and arrest the Housing Benefit Officers for obstructing a Warrant Officer if they didn't give the debtors information.....sorry the last bit was in jest trying to lighten up for the weekend.

bailiffron is obviously a bailiff who likes to tell us how much power they have, but it is not as extensive or far reaching as he would like us to believe

Sure does, mind you there are those who would think otherwise, judging by several threads that have risen from the grave.

And what fees would you add if it was you putting the letter through the letterbox bailiffron?

So are they returning the cheque so Marstons can charge a fee that really is due from HMCS?. as if they are collecting a fine for the court the debtor is not liable for the fees?