Rossendales.Can someone help me please?

[Sugarbabe47]

Hello everyone, and could you advise me anyone please??

I have been persued by Rossendales since last year. To cut a long story short I found my brother dead in bed and at around the same time I was being hounded by Rossendales - as I was suffering from grief (and I still am on medication for depression) I asked my younger brother to help me sort this out. He went his own way and now I do not know what to do.

Rossendales were chasing me for 2 bills-and I stupidly offered 50 pound a week, the cases were stacked and so I paid, up to early this year when one of my children suffered a serious road accident. I had to take unpaid leave to look after her. I wrote to Rossendales and explained my circumstances and they would not lower payments even though last year I was advised to go bankcrupt by Consumer Credit counsellors.

Now I have used this site to write to my local council and Rossendales and offered to repay the council at a rate that I could realistically afford and they have cashed the first cheque last week. However I received yesterday a letter from the bailiffs with a breakdown of charges and payments made,none of which tally to my receipts. And they claim to have another account, this I dealt with at the Council office via telephone and letter and I am awaiting their response to that letter.

Rossendales are asking for £176.00 per week on two accounts. What do I do now? This amount is almost a full weeks wage to me.

I have had 3 threatening letters, one letter with my car details on. I have never ever let a bailiff into my home nor do I intend to. I have never ever signed anything so where do I go from here??

 

When I spoke to the council they told me Rossendales use different account numbers and she told me one was paid off!! I am going to my local C.A.B on the 1st August (first available appt!!) but until then I would appreciate some help. All the letters Rossendales claim to have sent me I have not received, and I have been charged £58.00 twice and £14.50 twice and now £110.00 van fee. I am now at my wits end with all this. I work 50 hours a week and cannot physically work anymore hours. I am attending counselling once a week and on medication for depression. Please I would appreciate if someone could tell me what to do next???

I did tell C.A.B that I had written to council and bailiffs but they just said because I am not on benefits I am not urgent. Bailiffs chasing me is urgent, I feel as there is no help for people like me who have been screwed over by a partner and has to work all hours god sends to clear the mess up afterwards. Thank you in advance.

[Saffronflowers]

You poor thing - this has been a terrible time for you. Do you know exactly what is outstanding and when the council says that one of the accounts has been paid off do you know this to be true.

 

As regards your car, this could be an issue as even though they have not been into your home they can still take it.

 

Have you spoken to the council and explained your circumstances and that you are under medical supervision due to all the events that have happened to you?

 

I am postive someone will be along very shortly with a list of letters etc that you can send off. I just did not want you to feel that no one was here to hlep.

 

Sfx

[WWOW]

Assessment: I have assumed the money owed is not disputed and also assumed this is unpaid council tax for the moment.

 

Hello everyone, and could you advise me anyone please??

I have been persued by Rossendales since last year. To cut a long story short I found my brother dead in bed and at around the same time I was being hounded by Rossendales - as I was suffering from grief (and I still am on medication for depression)

 

Have you considered claiming incapacity benefit? You could be considered a 'vulnerable person' for the purposes of bailiff enforcement.

 

I asked my younger brother to help me sort this out. He went his own way and now I do not know what to do.

 

Who is liable? and what is the debt for?

 

Rossendales were chasing me for 2 bills-and I stupidly offered 50 pound a week, the cases were stacked and so I paid, up to early this year when one of my children suffered a serious road accident. I had to take unpaid leave to look after her. I wrote to Rossendales and explained my circumstances and they would not lower payments

 

The bailiff is being unrerasonable, but not enough to put him in front of the judge - yet.

 

even though last year I was advised to go bankcrupt by Consumer Credit counsellors.

 

A bankruptcy only nullifies consumer debts and private debt, not council tax.

 

Now I have used this site to write to my local council and Rossendales and offered to repay the council at a rate that I could realistically afford and they have cashed the first cheque last week.

 

Great! keep your bank statements shwoing the payment.

 

However I received yesterday a letter from the bailiffs with a breakdown of charges and payments made,none of which tally to my receipts.

 

They might have been trying to defraud you. What are their figures on their receipts? and what are they demanding now?

 

And they claim to have another account, this I dealt with at the Council office via telephone and letter and I am awaiting their response to that letter.

Rossendales are asking for £176.00 per week on two accounts. What do I do now? This amount is almost a full weeks wage to me.

 

They are demanding a payment that is unreasonably high according to your circumstances.

 

I have had 3 threatening letters,

 

What did they threaten you with?

 

one letter with my car details on. I have never ever let a bailiff into my home nor do I intend to. I have never ever signed anything so where do I go from here??

 

They can take your car provided they give you reasonable opportunity to pay beforehand.

 

When I spoke to the council they told me Rossendales use different account numbers and she told me one was paid off!!

 

Have you done a Subject Access Request to find out what and how much you are owing? I'll give one below.

 

I am going to my local C.A.B on the 1st August (first available appt!!) but until then I would appreciate some help. All the letters Rossendales claim to have sent me I have not received,

 

Then they probably didnt send them.

 

and I have been charged £58.00 twice and £14.50 twice and now £110.00 van fee.

 

Bingo! you have caught them, a £110 is not prescribed fee for collecting unpaid council tax. They commit an offence under Section 2 of the Fraud Act 2006. I don't know what thrse £58's are for. TomTubby might know.

 

I am now at my wits end with all this. I work 50 hours a week and cannot physically work anymore hours. I am attending counselling once a week and on medication for depression. Please I would appreciate if someone could tell me what to do next???

I did tell C.A.B that I had written to council and bailiffs but they just said because I am not on benefits I am not urgent. Bailiffs chasing me is urgent, I feel as there is no help for people like me who have been screwed over by a partner and has to work all hours god sends to clear the mess up afterwards. Thank you in advance.

 

Send the bailiff a Subject Access Request enclosing a cheque for £10 scan a copy of the cheque showing the cheque number and date.

 

Name of firm of bailiffs

FAO the Data Controller

Address 1

Address 2

Address 3

Address 4

 

[DATE]

 

Dear Sir/Madam

 

Re: [YOUR NAME + ANY REF]: Data Access Request & opportunity to mitigate incorrect fees

 

I write pursuant to Section 7 of the Data Protection Act 1998 and enclose payment of £10 the maximum prescribed under the Act and request you send me the following seven points relating to ALL accounts you have for me and anyone at my address.

 

a) The name and address of the court that certificated the bailiff who acts in this matter

 

b) The certificate number of the aforementioned bailiff

 

d) All letters documents emails comments faxes personal opinions memos and other related information which would qualify as information defined under the Act.

 

c) Written confirmation your bailiffs fees of £[AMOUNT] charged and they truthfully comply with the law.

 

d) The name and address of the person or body who instructed you and the date of instruction.

 

e) An itemised breakdown of all the fees charges orders costs and other monies that make up the total obtained by your bailiff being £[AMOUNT]

 

f) A detail showing how much and on what dates I paid you and how much you have paid on to the creditor.

 

I appreciate the Act allows you 40 days to fulfill this request but I look forward to receiving the above at your earliest convenience.

 

I now give you an opportunity to check whether your bailiff has overcharged me with his fees. If his fees are truthfully compliant with the law, please confirm in writing or refund me within seven days with an explanation why I was overcharged. If I find an irregularity with his fees after seven days I will automatically file an official Form 4 complaint at the bailiff’s certificating court for committing offences under Sections 1 to 5 of the Fraud Act 2006. This may also involve a criminal investigation by police and your firm’s director(s) may be liable for benefiting from a fraudulent money transfer or proceeds of crime.

 

This document is delivered by Royal Mail and I deem it good service on you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It is now your responsibility and in your own interests this letter is handed to the relevant person within your organisation. I regret I am unable to discuss this matter by telephone or in person.

 

Yours Sincerely

 

 

YOUR NAME

 

For future reference, incase the bailiffs fail to comply with any of the six points in the request then you can reclaim the total amount paid to the bailiffs in the small claims track. Sign up of money claim online here: https://www.moneyclaim.gov.uk/csmco/login_pass_yes01.jsp

 

And in the particulars of claim, enter:

 

On [DATE] I was charged by the defendant, a firm of bailiffs the sum of £[AMOUNT] as fees, charges and unknown items and threatened me with penalties if I failed to pay according to a deadline. Their fees and charges are inconsistent with Regulation 45(2) of the Council Tax (Administration and Enforcement) Regulations 1992. I sent the defendant a Subject Access Request under Section 7 of the Data Protection Act 1998 enclosing a £10 cheque numbered [NUMBER] which was cashed on [DATE]. The defendant failed to comply within the prescribed time limit and I have tried to seek a reasonable resolve with the defendant who refuses to cooperate. I ask the defendant do pay me the sum of £[AMOUNT] plus statutory interest from [DATE] under Section 69 of the County Courts Act 1984 plus costs allowed by the court.

 

Now hide your car and make up the following letter and keep it handy. If a bailiff turns up, NEVER open the door & hand this down through a window and ask the bailiff to leave quietly. Never confirm your name.

 

To: [NAME OF BAILIFF]

 

BY HAND

 

[DATE]

 

Dear Sir/Madam

 

Re: Your visit to [ADDRESS AND POSTCODE]

 

[NAME OF] Council appears to have instructed you to recover unpaid council tax from me.

 

This letter gives you notice that you are not being given peaceful entry to my home, levy goods contained therein and I will not be signing anything for you. This notice revokes your eligibility to charge a Walking Possessions fee and any other fee relating to the handling of goods or entering a property.

 

Due to my circumstances I am unable to pay the debt as you demanded because it is unrealistic. I have sent an affordable payment direct to the council along with a written schedule of repayments.

 

Please be advised it is not a "criminal offence" for me to deny a bailiff entry to my property or decline payment of your bailiff’s fees. The law says I have to settle the original debt but it does not obligate me to do business with you. If you suggest to me otherwise I will automatically report you to the police and you may face a criminal record.

 

Meanwhile please provide a detailed written breakdown of your fees & charges you demanded and put it through the letterbox, then quietly leave the property.

 

This document was passed to you by hand, and a photograph using a mobile phone has just been taken showing you standing outside the above address reading it.

 

Yours Faithfully

 

 

YOUR NAME

[Sugarbabe47]

Thank you sfx for your kind words. Yes I know the amounts outstanding from the council and I am going to pay the council just those amounts. And I do believe the council when they have told me one account is cleared. I have told the council of my circumstances and am awaiting their response. I have been left with over 26 thousand pounds of debt by my ex husband. This all appeared after he left in 2002, and he was still trying to obtain debt at my home address. I have had to put a notice of correction on my credit file because of him and go back to my maiden name. He really screwed me over, however I am just about finished paying things off, just these 2 debts with rossendales. He never paid the bills when he was with me and I was stupid enough to believe that he had and gave him total control of my finances....never again though!!

[Saffronflowers]

SB - yup had one like that and traded it for a younger model - and I now control the finances!!!

 

How much is left outstanding and who is your local council. have you followed the letters up,

 

Seoncly have you made sure that you are getting all the credits that you are due go to Start Calculation and go through the calculator.

 

WWoW has given you some great advice exactly the person I was hoping would whizz in with all the letters etc!!!

 

Remeber if you can clear the outstanding Council Tax directly to the council NOT including their fees then the Liabilty Order is settled and the bailiffs have to no rights covered by the LO for their fees and have to go through the correct process to claim them, which also gives you the opportunity to SAR them.

 

There is a lot of info coming at you but remember we are all here to give you support both emotionally and with actions that you can take.

 

Sfx

[Sugarbabe47]

Thank you wwow. I have printed letters off and will use. I have sent Rossendales the same letter that you have given me(the one to hand deliver through letterbox) I sent it direct to the bailiff who threatened me with Police intervention. I telephoned him at work and he told me on the phone that he was going to bring the police to my address the next day and I would have no choice but to let them in. That is when I found this site. I was in tears at work and scared.

The 2 x £58.00 charges are on a document that looks official..I think walking possession with my car details on it?, but I have 2 of the same paperwork, but with 2 different account numbers on??? and the council have confirmed that one of the accounts have been paid in full! I work long hours and could not be sure if a van did turn up, but the threatening letters are saying that they have a warrant of execution? and a van attending, and one says that they are gving me 24 hours notice that they are coming back to levy goods?? These were all delivered while I was at work but now I am worried about the car, yes I am hiding it but can and will they come back?? I have told them in the letter that I am paying council direct and not allowing them access to my property. Am I right doing this??

[WWOW]

Yes, you can ask the council to take the case back from the bailiff:

 

Name of Council

Address 1

Address 2

Address 3

Address 4

 

[DATE]

 

Dear Sir/Madam

 

Re: [YOUR NAME & ANY REF]: Visit by your bailiff on [DATE]

 

 

On [DATE] I was visited by your bailiff collecting unpaid council tax. We were unable to reach an amicable resolve and the bailiff showed threatening behaviour and became vexatious in nature and threatened to charge more fees if I didn’t pay according to a deadline.

 

I aske you the council to take the case back from the bailiffs because I had already made regular payments to clear the arrears.

 

I also ask the council to:

 

a) Accept my original offer to pay £[AMOUNT] a week to clear the arrears

b) Pay me a reasonable compensation for my inconvenience and for my efforts in seeking discovery of information and

c) Receiving an over-zealous bailiff acting for you making unrealistic demands of money and unrealiscally short deadlines.

 

If you fail to satisfactorily complete the above I will automatically escalate the complaint to the Local Government Ombudsman in fourteen days from the date of this letter.

 

Due to my circumstances I am unable to pay the debt as demanded by the bailiffs and I will make payment of £[AMOUNT] each month for [NUMBER OF] monthly installments with a final installment of £[AMOUNT]. This may seem a long time but it's all I can afford and allows me to pay future liabilities without falling into arrears. I confirm I am not refusing to pay this debt.

 

This letter is delivered by Royal Mail and I deem it to be served on you by the ordinary course of post in the meaning of Section 7 of the Interpretation Act 1978. It is your responsibility and in your own interests this letter is handed to the relevant person within your organisation.

 

Yours Sincerely

 

[NAME]

Enc 1st payment.

 

You have given enough information to put the bailiff in front of the judge for fraud and exceeding the limit of his authority. The bailiff's fees are inconsistent with the law that prescribes bailiffs fees for collecting unpaid council tax.

 

You can make an official complaint against the bailiff by completing a Form 4: http://www.hmcourts-service.gov.uk/courtfinder/forms/form4_0606.pdf

 

In the Details of Complaint. Tweak as necessary.

 

On [DATE] I was visited by the bailiff collecting unpaid business rates. He demanded £[AMOUNT] of which his fees were £[AMOUNT]. He continued by saying he would charge more fees if the debtor fails to pay his existing fees according to further deadlines. He also said he would use police officers to assist in forcing entry to my property. I understand the bailiff is exceeding the extent of his authority to threaten me in this way.

 

The bailiff has never been allowed into my property, I have never signed anything and he has never come into contact with my goods.

 

I understand the bailiff’s fees are inconsistent with Regulation 45(2) of the Council Tax (Administration and Enforcement) Regulations 1992 and I also understand defrauding a debtor in this way is an offence under Sections 2 and 4 of the Fraud Act 2006.

 

I have tried to reach an amicable resolve with the bailiff and his firm but they have become defensive and vexatious in nature. He is demanding money that are unrealistically high and well beyond my means and fees that are unlawful.

 

I ask that I am compensated the sum of £[AMOUNT PAID TO BAILIFF] and reasonable costs in seeking discovery of information and bringing this matter to court to be paid from the bailiff bond.

 

Send the form to the certificating court with a covering letter asking for it to be placed before a judge.

[Sugarbabe47]

Thank you wwow, but I am still waiting for the council to get back to me. Do I need to send sar letter now? And the bailiffs fees are printed on the back of a letter demanding a huge amount of money. Do i photocopy this and send to my council? I don't want to intimidate the bailiff company to harass me further, will they do this?? I am so very very confused at this time... I sent both rossendales and council a letter (very similar to the one you you have just told me to send) the council I included a cheque for 80 pound _ which has been cashed_ and an offer of 80 pounds per month for 24 months. Do I send the council this letter that you have just typed again or wait for them to respond??

[Sugarbabe47]

I have to go soon, but I will be able to log on tommorrow. I thank you for the help and advice given today, but I still feel confused as to what letter to send to whom first!!

[Sugarbabe47]

I have received S.A.R back from bailiffs. Got a computer printout of dates and times etc when bailiffs have called. I have NOT spoke to anyone as this sheet suggests. Where do I go from here? The letter states that the bailiff company have spoken to local council and that local council will not be taking it back from them and I am to expect a letter from L/A soon? I have p/m'd some one on here for advise but any help that anyone can forward me would be appreciative. I have an appointment with C.A.B on 01st August to assist me with my current financial situation. Will the L/A TAKE my case back from the bailiff??

Edited July 25, 2008 by Sugarbabe47

[Sugarbabe47]

hi all.

I received a S.A.R back yesterday and I do not know where/what to do now. Any help please.

Thank you.

[WWOW]

Give a list of all fees charged and original debt the bailiff has given you. Or you can scan the document and post it here with your name & address hidden.

[Sugarbabe47]

Hi all,

Tomtubby? Please? I can't pm you. Still awaiting for letters.And thank you for all your help.

[Heathliver]

Tomtubby has had her PM facility withdrawn from this site without prior warning andno explanation. If you pm me I'll get her to email you.

[Sugarbabe47]

Hi all

Received an update yesterday from L/A stating that they are not taking the case back from the bailiff company.....and the L/A admit in this letter that there is a sum of money *missing*, or not paid from my previous employer (att.of earnings) which is 300+ pounds!!! So surely I must be able to request that the bailiff company back off while this is in dispute???

If so does anyone have a letter that I can send the bailiff company to stop enforcement??? And one to the L/A requesting that they put this on hold until this missing money is located??? Any help would be appreciated.

Thanks

Edited August 5, 2008 by Sugarbabe47
bad spelling....doh

[Sugarbabe47]

Hi

I have just returned home, yes at this daft time..worked late! Anyway got a hand delivered letter from bailiff. I have taken advice on this site before and this company had to admit wrong charges and an unlawful levy. I am paying my council tax arrears direct to the L/A and this years now on a plan..I have not missed a payment and the L/A know this-I have proof etc. Anyway this letter states that this company are going to come at their convenience to remove goods even in my absence, with a footnote in bold NO CONTACT WILL BE TAKEN AS YOUR REFUSAL TO PAY...then a mobile phone number for me to contact them for prompt payment of debt!!!!

What the hell is going on here? Any advice please? Tomtubby? My case is a complicated one and I thought this was finished with the bailiff....where do I go now??? I am already attending CAB with a view to bankrupcy(at their recommendation)

Please can anyone help me as I am becoming a nervous wreck with these bully boys....

[dx100uk]

well they cant take goods in your absence so dont worry.

secondly i beg to differ with the CAB. NEVER go bankrupt!.

and DONT phone them!

 

ring the council up first thing in the morning and find out why the bailiffs have been sent around.

 

keep us informed

 

dx

[Sugarbabe47]

Hi DX

I will not phone the council, I have been passed around for over a year, I am paying council direct. The bailiff company tried to diddle me with their illegal charges they tried to claim from me(at a time when I found a relative dead in bed) then they levied on this relatives vehicle, which turned out to be an invalid levy!!

Why not go bankrupt?? It seems to be the only option I have at this distressing time...CAB are very helpful....I do not understand why you said this..could you clarify for me please??

Thanks

[dx100uk]

the council are the ones that have fwded your case to the bailiffs...find out why, it could be wrong again.

 

as for going BK, i mean have you tried all other resolutions?

 

 

Have a read of personal stories .. bankruptcy peoples stories of bankruptcy

and also look at this The Insolvency Service Website

 

 

dx

Edited September 4, 2008 by dx100uk

[MARTIN3030]

Yes its only the Council who can answer your questions as dx says.

Call them BEFORE the weekend.

What does it say on the letter-is it the same reference number as before-and is there any amount showing ?

 

BTW who are the bailiffs ?

[MARTIN3030]

Have merged your other thread here for others to see what happened before.

Can you confirm if there was any follow up after Aug 5th until now ?

It appears that we have no info on whats been going on in the last 4 weeks.

[Sugarbabe47]

Hi Martinb

There is no amount on this letter, no figures, nil, nowt!

Different reference number???

Rossendales Bailiffs:mad:

[MARTIN3030]

Hmn strange.Well as I said get on to em in the morning-you dont want this aggro over the weekend.

[Sugarbabe47]

Hi ALL

well just come off the phone from my L/A....(took 25 minutes mind you to be answered!!) Anyway L/A informed me that from 10am this morning their recoveries dept put my case on hold!!! And I should not receive any problems with the bailiffs......L/A admitted that they are still trying to locate missing monies (from a attatchment of earnings from previous employer--) Hmmm.....Now I am concerned that the L/A are stalling for time as i have just received an e mail asking me for information that I had already supplied them when my ex husband vacated my home!!! I politely pointed this out to the person I spoke to. I have also been advised ....that I was entitled to 25 per cent discount for over 5 years, Ah no the council didn't tell me...hmmmm.

Well I asked the question AGAIN about my claim form, (6th attempt to get one from them- being passed to jobseekers back to L/A for over 6 weeks!!) Well hopefully the claim form will be sent to me...not holding my breath..

I also got told that I have to phone council a week on Monday.

:mad:I am so frustrated with my L/A and the tactics of this bailiff company and the total LACK of communication between the two. Surely I shouldn't have all this hassle when clearly my case IS in dispute, and monies have gone missing from a previous employer?? (I have ALL pay slips with ALL amounts taken from me!) I am trying my damn hardest here to keep my head above water and pay what I owe, I am not trying NOT to pay, but am a victim of circumstances - Thats what has happened over the last few weeks, backwards and forwards to L/A-Bailiff etc.. Invalid levy, missing monies being traced, me being offline...I may have a breakdown yet, I think I have earned it!!! I know I shouldn't joke but I really do not think I could have any more c..p piled on me...this past 6/7 years have been the worst in my life. OHHHH sorry rant over,

[Sugarbabe47]

Update..

Still not sleeping....still worried that the bailiff will call at daft o'clock. Also been informed that the bailiffs have overcharged me, invalid levy...oh I am so weary with all of this....I would love a good nights sleep instead of of worrying if the bailiff is calling again - illegally.