Rossendales Final Reminder, I need time

[maybelline]

Happy New Year to you and well done! its the first time I've ever heard of this and shame its necessary but good for you.

 

I had terrible times with Rossendales a while back - right bullies but not any more, I know my rights now!

[chris600uk]

Thanks, it is a shame that I'm having to do this.

 

As tomtubby pointed out, they may object to it preferring the owner/keeper of the car to contact them.

 

I'll let you know what they say,

 

Chris.

[chris600uk]

Just had a Bailiff call in a transit van!!!

 

Mr O****k, knocked got no answer and put a NOTICE OF REMOVAL PROCEEDINGS through the door.

 

I phone his mobile and just about managed to get him to listen, they're very loud these bailiffs aren't they, and very bad mannered.

 

I told him that the debt would be paid to the council directly, and Rossendales fees (those that they are entitled to) would be paid directly to them.

 

I told him that the phone call was being recorded and that I'd been in correspondence with the council and his firm.

 

He ended the call saying he would check.

 

This is not pleasant.

 

Hope it helps someone,

 

Chris.

[tomtubby]

Chris

 

If you let me know the name of the bailiff by PM ONLY I will check our register to ensure that he is certificated.

[chris600uk]

Well, the amount due has gone up to £3786.48 plus costs.

The original outstanding balance is for£3315.48, so now their

fees come to a whopping £ 471.00

 

No doubt that'll get bigger now.

 

Chris.

[chris600uk]

They have never gained entry peaceful or otherwise, I have written and emailed them.

 

What do I do now?

 

Chris.

[chris600uk]

Thanks tomtubby, I'll ring them in the morning.

 

I'm planning to write to the Council to complain about the excessive fees, and ask them to accept payment for that reason when I actually get the money.

If they won't help then I'll complain to my councillors, my MP and the LGO.

 

Thanks again,

 

Chris.

[ThisVeryMoment]

Excessive fees? After avoiding your debts for almost a decade?

 

Stop wasting peoples valuable time and pay this debt off!

[maybelline]

Carers UK : Help with council tax

 

hi Chris, have a good read of this link re your rights on your council tax, which I believe you mentioned is wrong because you are a carer, this page also has a template letter that you might find useful. I have only looked briefly at the page but it looks like it has some fundamental answers re your issues. I would remind the council that as a family that includes a carer you should not be harrassed and that your rebate can be backdated. It is alarming that the bailiff has called anyway but no doubt they are attempting to rack up charges, remember they can only visit so many times, I think it is twice but will check this for you. see also below -

 

 

If you get or have underlying entitlement to Carer's Allowance, you may be able to get extra help paying your council tax because a carer premium will be included in your Council Tax Benefit.

To claim Council Tax Benefit, contact your local authority and ask for an application form; you should make your claim as soon as you can to avoid losing benefit.

Backdating Council Tax Benefit

You can backdate Council Tax Benefit up to 52 weeks but normally have to show 'continuous good cause' i.e. reasons for failing to apply for the benefit earlier, such as health problems and/or language difficulties. But if you or your partner are aged 60 or over, Council Tax Benefit can be backdated automatically for 52 weeks without having to provide reasons.

 

 

do contact LGO about how you are being treated.

[tomtubby]

As you have now provided a Statutory Declaration, the company should remove the fee that they have charged for this levy.

 

This should leave you liable ONLY for just two visit fees. One at £24.50 and the other at £18.00. That is it. Nothing more.

 

If they are unwilling to agree and the council refuse to intervene, I would recommend writing to the Manager of the Reveneues Department to remind them that they have a responsibility over their agents and that you will be writing to the Local Government Ombudsman as you are very conerned indeed that they are allowing their agents to charge fees that are not provided by Statutory Legislation.

 

Please let me know what the response to your call is in the morning and I can then advise you further.

[chris600uk]

Thanks tomtubby, everything you've said is on it's way, I've already emailed the letters and will send them recorded in the morning.

 

Thanks maybelline, that's a good site.

 

It turns out that I was already receiving the carers element of the benefit. What seems to have happened is that during the years 97-02 when the problems date from, I honestly (or was that stupidly) stopped claiming on the occasions I got work. But when I went back on benefit I didn't realise that I had to claim for CTB all over again, each time.

What made things worse was because of the sh*t I was going through then, a little thing like tax just didn't seem that important.

Now, years later, there's no record of the hours I spent on the phone talking to the Council tax office, just gaps where I apparently wasn't getting benefit, and then was, and "clawbacks" of CTB with no explanation.

They changed systems in 2003, and couldn't interrogate the benefits computers anyway. The council tax workers I recently spoke to in person did as much as they could, but in the end all they could say was "pay up", and if you can prove later you've overpaid, we'll give it you back.

 

The whole things a mess, it's partly my fault because I let things slide, and partly the fault of some individual council tax workers because they couldn't give a flying f*** when it got too complicated for them all those years ago.

So I've no complaint about being chased for the money now, I should have handled things better back then and done it ALL in writing.

 

What I really object to is being pushed around, and ripped off, and being threatened simply makes me dig in deeper.

It's a strange thing, the anticipation of dealing with the bailiff was dreadful, I was shaking, but once I started telling him the law - calmness descended and I became focused. In the end he put the phone down on me.

 

My family think I've done something amazing today, but you know what!, I couldn't have done any of it without the help of all of you on this site; because I wouldn't have known what to say.

 

So thanks to all, and goodnight.

 

Chris.

[maybelline]

been there, its easy to let it all go, I didnt realise I had to make new claims and when I did, guess what I had to contact the council serperately even if on IS, stupid rules if you ask me, it all used to go through together but I didnt know it changed. you have done great, so you should feel proud of yourself for standing up to the bailiff and sorting it out, its no easy task when you get continually shot down by staff that dont appear to care or understand.

 

(I was informed by dwp that councils actually do have access to the database as to who is on benefits - if anyone in the know can verify this, is interesting that they claim no knowledge)?

[chris600uk]

Well that does fit with what the Council Tax staff told me.

They said they didn't know who was claiming, but they knew who's claim had stopped.

 

They also said that sometimes a person might claim benefit and CTB from the DSS, but the CT wouldn't know because the paperwork gets lost occasionally.

They told me that if I could show that I'd made a claim in any period where I'd also claimed CTB but there was no evidence of them receiving the paperwork, they'd consider awarding the CTB on the basis that they should have received the paperwork.

 

That's why I've no complaint about the people I spoke to face to face; you could see how uncomfortable they were with the situation, because as they dug deeper and further back, they came up with more questions than answers. Unfortunately, the counter staff are quite low down in the food chain, and only have the power to pass it up the line, and the nearer you get to the top of the council, the nearer you are to the influence of the management of the DCA. Sadly the DCA's are now quite big business's so

it's no surprise that their influence (through the council) is felt in the court system. I have personally witnessed a council bending the court to it's will, it's amazing how uncomfortable individual judges can become with the truth. (although I must add that that was not a debt matter).

 

If this became a vote winner/loser, you know things would change, sadly not enough people are that bothered.

 

I believe the words of Niemoller are appropriate:

 

First they came for the Communists,

and I didn’t speak up,

because I wasn’t a Communist.

Then they came for the Jews,

and I didn’t speak up,

because I wasn’t a Jew.

Then they came for the Catholics,

and I didn’t speak up,

because I was a Protestant.

Then they came for me,

and by that time there was no one

left to speak up for me.

 

by Rev. Martin Niemoller, 1945

 

 

So you see there's nothing new here, there just aren't enough of us

complaining about bailiffs for their behaviour to matter to the leaders of

most councils and political parties, if there were, this wouldn't be happening.

 

 

Ah well, shields up here comes another day.

 

 

Chris.

[chris600uk]

Update on Mr O*****, I use the first letter deliberately because there is no trace of anyone with the name beginning with the letter O currently listed on the Central Database as working for Rossendales with a current certificate.

 

It seems that most bailiff applications for R's are made through the Burnley County Court, a few through Preston, Liverpool, and Stafford.

 

So I'm going to ring Burnley and see if they will help me.

 

Chris.

[vandermerwe]

Happy New Year Chris!

 

And everything of the best in your fight.

 

It is obvious you are better educated, more well read, and far, far more intelligent that either the council jobsworths or the otherwise unemployable thugs who gain employment as bailiffs.

 

I used to have your stamina and determination, but regrettably old age and illness has taken its toll. Pastor Niemoller puts me to shame.

 

Please let us know the outcome - don't let the last few pages go missing from the book, as it were, as happens sometimes on threads.

 

Good luck!

 

Vandermerwe

[chris600uk]

Update.

 

Hmmm, so there's no trace of him on the central database, but Liverpool County Court say he holds a valid certificate with his previous firm, and that it's gone to the Judge to be signed, and the Court have had notification from Rossendales.

The young lady from the court kept saying he had a valid bailiffs certificate.

 

What does this mean exactly?

 

Chris

[chris600uk]

And I promise that I will complete the post, because I know that it will help other people who come after.

[sillygirl1]

Try to put in a letter to the Judge who should be signing the certificate - I understand that he shouldn't be working for Rosendales until his certficate has been properly transferred. Tomtubby might be able to help on this point.

 

Keep up the fight with them - surprising how they only know 'one side' of the law isn't it!

[tomtubby]

A Subject Access Request should be sent to the company as a matter of urgency. The following is a template SAR and brief explaination taken from our website that can be adapted to suit individual circumstances.

 

 

SUBJECT ACCESS REQUEST (S.7)

 

Explanation.

 

The draft Subject Access Request can be adapted to suit your own particular circumstances and should be sent to the bailiff company to query the fees and charges made. The company must, by law, respond within 40 days.

 

The reply from the bailiff company to your Subject Access Request is a key document which will enable you to see whether or not you have been incorrectly charged and whether you have any basis for complaint, or indeed legal action.

 

From queries that we receive, it would appear that a number or less reputable companies wait until the legal expiry date of the request to respond by saying that the fee of £10 was not enclosed and they cannot deal with your request. As 6 weeks would have already lapsed, and with another wait of 6 weeks before your next letter is dealt with, our advice would be to include a cheque for £10. If the fees charged are incorrect, we would advise that you request a refund of this £10 fee when taking further action,

 

If you find that after 7 days, your cheque has not cleared from your account; our advice would be to write immediately to the bailiff company asking for confirmation that they had received your request.

 

Note: By law, the company has 40 days in which to respond to your request

 

 

 

 

 

 

SUBJECT ACCESS REQUEST ( S.7.)

Dear Sirs,

Re: (Enter you reference details.)

 

The purpose of this letter is to make a Subject Access Request pursuant to Section 7 of the Data Protection Act 1998, as I object to the level of fees that have been applied to my particular case.

 

Accordingly, I require a full and detailed breakdown of the fees and charges that have been applied to my account. In providing this information, could you ensure that you provide a true copy of the screen print/computer record of my account.

 

With regards to van fees and attendance fees, please state the date and precise time of the attendance and the type of vehicle used.

 

Could you also confirm the name of the Certificate Bailiff dealing with my account and the date and court details where he gained his certificate and confirmation also that his certificate provides from him to work for your company.

 

Finally, I also require a copy of the Warrant of Execution (applicable in cases of unpaid parking charge notices).

 

Please find enclosed a cheque for £10.00 payable to (relevant bailiff company).Could you please confirm that this request has been received. I am enclosing a stamped addressed envelope for this purpose.

 

I look forward to receiving this information as soon as possible, but in any event, within the strict time limits imposed under the above Act.

 

 

Yours Faithfully.

[chris600uk]

Update:

 

I'd just finished writing out the SAR and had emailed the first copy when I got this.

 

Dear Mr *****,

Please note your cases have now been returned to L******** City Council in order that they may consider alternative action.

Yours sincerely,

J*** P********

(Client Services)

 

 

Well, what do you think of that? :eek:

 

I'm not sure whether I should be pleased or desperately disappointed I'd just got myself dandered up for a fight.

Could it have been my email to the Head of Revenues & Benefits?

Or was it the bailiff who didn't fancy round 2?

Or maybe the weight of mail and emails finally did the trick.

 

I'm gobsmacked!

 

Chris.

[maybelline]

Association of Civil Enforcement Agencies

ESA | Member Directory

 

used to be acea, maybe private members now, see the code of practice.

[maybelline]

well done chris!

[chris600uk]

Unfortunately it's still not quite over.

 

I've still got Rossendales fees to deal with, after all they must be entitled to some of the fees that they've tried to charge for

 

But I am relieved,

 

Chris.

 

And I'll say it again, I couldn't have done it alone.

I am amazed at how much help you have all given me.

Thank you all.

[maybelline]

IMHO -not if they were wrongly instructed in the first place.

[chris600uk]

That's an interesting point:-), I hadn't thought of it like that.

 

Chris.