help with Rossendales and council tax debt

[ploddertom]

Is it me or do I detect 2 different signatures on that form & if so why particularly if it was supposedly left at the time.

 

PT

[hallowitch]

Is it me or do I detect 2 different signatures on that form & if so why particularly if it was supposedly left at the time.

 

PT

 

agree the 2 signatures look different

[ploddertom]

You could always send the Council something similar to:

 

Address

date

Account No:

 

Re: Rossendales

 

Dear Sir

 

I have been in communication with your contractor - Rossendales - over alleged fees that they say I owe. This all appears to revolve around a "supposed" levy they say was made on 15 March 2011 on a Silver Mountain Bike. As they did not leave a Notice of Seizure about this at the time, the first I knew about it was when I received a Breakdown of Charges applied by them.

 

Neither myself or my father own this bike and Rossendales will only accept proof of ownership from the 3rd Party who does own it - therefore refusing to remove any associated charges. As far as I am aware any goods seized by the Bailiff to satisfy the debt should they be removed for auction must:

a - cover all the Bailiff Fees

b - cover all removal & storage costs

c - cover the costs of the auction

d - cover all the Auctioneers Fees

e - pay a contribution towards the debt owing

Therefore even if I owned the "alleged" goods seized they would not cover the above.

 

Taking into consideration I cannot prove I do not own the goods in question nor do I know the legal owner(s) then I am aggrieved by the levy your contractor has carried out. I will be submitting a Regulation 46 Complaint to the Magistrates Court where I will name the Council as Defendant.

 

I therefore give the Council 7 days in which to resolve this matter.

 

Yours sincerely

 

A most pi55ed off ratepayer

 

Sample Reg 46 Complaint:

 

Mr Jo Blogs

1, High Street

Anytow

Post Code.

 

The Chief Clerk

xxxx Magistrates Court

 

Date:

 

Dear Sir/Madam

 

Council Ref: xxxxxx

 

I am writing to request that you issue a Summons against xxxxxxx Council by virtue of Regulation 46 Council Tax (Administration and Enforcement) Regs 1992 as a matter of urgency.

 

 

I am aggrieved by the levy carried out by Mr Smith of ABC Certificated Bailiffs on (enter date) for the following reason:

 

* The Bailiff visited my premises and he has provided a Notice of Seizure of Goods & Inventory advising me that he has levied against a vehicle that was outside/on the drive of my home.

* This vehicle is not owned by me. I do not know the owner of the vehicle and it would appear that the Bailiff has assumed that this is my car because it was parked close to my home.

* The Bailiff in seizing this vehicle, has charged me a levy fee of £50 together with an enforcement fee of £150 and I am advised that unless I pay the amount of the Laibility Order of £xxx together with the charges associated with this levy, that the Bailiff will be attending at my property to remove this vehicle to satisy my Council Tax arreas and in addition I will also be liable for further charges for "attending to remove" and I could also be in position of being personally liable to the owner of the vehicle.

* I have written to the Bailiff Company and the local authority concerning this levy but my complaints have been ignored.

 

I trust that this information will be sufficient and please do not hesitate to contact me if you require any further information.

Yours faithfully"

 

PT

[brassnecked]

Do that Elliott,2011, and it should focus their tiny corporate mind that their agent Rossendales are talking from their backside, and they will carry the can for their bailiffs muppetry

[Elliot2011]

The form was never left with me - its an email only copy. They claim they left one at the address but never did (prob because they never got into the address in the first place)

 

The £110 is for the van

 

yup council iv paid the council tax + summons fees - my account is closed with them.

 

Rossendales I paid the visit fees - have receipt from online form from them.

 

I just went and got a Stat Dec stating iv never owned a mountain bike, cost me £5 so no big loss and have sent them a copy recorded delivery - maybe this will force them to remove their levy

[brassnecked]

The form was never left with me - its an email only copy. They claim they left one at the address but never did (prob because they never got into the address in the first place)

 

The £110 is for the van

 

yup council iv paid the council tax + summons fees - my account is closed with them.

 

Rossendales I paid the visit fees - have receipt from online form from them.

 

I just went and got a Stat Dec stating iv never owned a mountain bike, cost me £5 so no big loss and have sent them a copy recorded delivery - maybe this will force them to remove their levy

 

make sure you sent them a Notarised copy and kept the original in case the muppets still turn up at the door. i would say they are grasping at straws hoping you will give in and pay the poor bailiff his fraudulent fees, as if they did go to court they would get their backside kicked.

 

Pass the buck back to the council via the Regulation 46 as per PT imho as soon as possible.

[Elliot2011]

Thanks for the letter templates PT - I sent a complaint very simillar to the first one yesterday to the council - also outlining the conflicting dates and the obstructive nature of Rossendales and told them i require them to find out for me how to prove I do not own a bike, when I have no knoledge of a bike in the first place.

 

Guess Il wait and see what comes of the Stat Dec to rossendales and the complaint to the council now.

 

Thanks for all your help!

[Elliot2011]

Crap - I sent the original but kept a copy - would a copy of the original and confirmation of the solicitor of my stat dec signing not be sufficient evidence if the turn up at the door?

 

Also im aprox 240miles away from the original address for the summer but my father is still there. The only thing of value in that house of mine are speakers that I have sold to my stepfather and have a recipt for.

 

Am I right in thinking - as they have never been inside the property they cant force their way in. Also they can only take what they listed on the WPO without first issuing a new levy?

[brassnecked]

They can't force their way in, and as you are not there your father can send them away with a flea in their ears regarding police, trespass, you have no interest in property, father can complain about harassment to him personally if they keep calling as he is not the debtor. Actually you aren't either as the debt is settled, the council have closed the account the LO is defunct, the bailiffs are now cruising between just 2 things jack and Sh1t and jack has left town

[ploddertom]

Be nice to think they may be watching this thread, if so I salute you - 2 finger style of course.

 

PT

[brassnecked]

Be nice to think they may be watching this thread, if so I salute you - 2 finger style of course.

 

PT

 

If they are watching this thread, surely they should now realise their case is as dead as a Norwegian Blue Parrot stiff with it's legs in the air at the bottom of the cage.

[Elliot2011]

I hope they are watching this thread - maybe sooner or later theyl realise there are many very knowledgeable people out their willing to help in situations and maybe force them to conduct business legitimately - then again prob not.....

[ploddertom]

Agree BN but there again if they stuck to doing things correctly in the first place 50% of this Forum would be redundant, makes me wonder what their "Training" Dept does and about time they were brought to book over their actions. How many times have we seen similar letters condoning their Bailiffs actions.

 

PT

[seanamarts]

I would request a copy of the bailiff certificate and check his signature, its looks pretty suss to me. Uncertificated bailiffs are known to use other bailiffs ID who are certificated so that they can work. Be interesting to see the real signature.

[brassnecked]

Agree BN but there again if they stuck to doing things correctly in the first place 50% of this Forum would be redundant, makes me wonder what their "Training" Dept does and about time they were brought to book over their actions. How many times have we seen similar letters condoning their Bailiffs actions.

 

PT

 

Their training dept teaches them they are always right and to go in hard no doubt, and as the council thinks bailiffs are notionally upholders and enforcers of civil law, that they are above reproach.

 

How do they know? well the bailiff tells them it is so.

 

seanamarts, I would love to see them backpedal, oops, with that mountain bike if there was a formal request to see the bailiff in questions certificate, especially with the 2 dissimilar signatures

[Elliot2011]

Iv never actually noticed that before - maybe I should point this out to them after I get a reply from them in regards to the Stat Dec. Maybe I should also include this in my complaint to the council after they reply to my complaint I made yesterday

[seanamarts]

Dont point it out to them just request to see a copy, you have that right to do so

[Elliot2011]

Apparently they cant provide me with a copy of the bailiff certificate as the bailiff carries it around with him.

 

Oh and they have backtracked somewhat on their claims of actually taking the bike - they now say it was not taken just listed on the WPO.

 

Still waiting to see how they reply to my Stat Dec - if they refuse this as proof of non ownership what would be the way to progress from that?

[hallowitch]

Apparently they cant provide me with a copy of the bailiff certificate as the bailiff carries it around with him.

 

Cxxp they will have a photo copy of it

 

make a request to the issuing court for a copy of his certificate

[Elliot2011]

Just a quick update, the council have received my complaint have informed me they are investigating the situation.

 

Rossendales finally told me what they required me to do in order to prove that it was not my bike in the first place, so I went and got a Statutory Declaration and sent it to them. Last frisday I got a letter from them saying they would not accept it as it was not on headed paper from the solicitor.

 

Phoned the solicitor today whom informs me that a Stat Dec is not done on headed paper as it would mean they would need to do a full investigation into the case and would cost me alot of money (and he extremely offended that Rossendales wont accept it as hes fully registered ect.)

 

Phoned the council this morning and waiting for a call back from the head of the council tax department regarding this situation.

 

Just wondering if I can demand they take me to court if they wont accept a legal, legitimate document? After all I have done everything they have asked me to do and they just keep throwing up ridiculous obstacles.

[wonkeydonkey]

Just a quick update, the council have received my complaint have informed me they are investigating the situation.

 

Rossendales finally told me what they required me to do in order to prove that it was not my bike in the first place, so I went and got a Statutory Declaration and sent it to them. Last frisday I got a letter from them saying they would not accept it as it was not on headed paper from the solicitor. As I sit here watching this years bullocks peacefully grazing from one end of the field to the other I doubt they could produce as much bullsh*t as Tossendales do. From this forum alone numerous caggers have been placed to swear a Stat Dec for these morons and they have in turn been placed to accept them. Are they now saying a Stat Dec is only acceptable if done to their own specifications? Phoned the solicitor today whom informs me that a Stat Dec is not done on headed paper as it would mean they would need to do a full investigation into the case and would cost me alot of money (and he extremely offended that Rossendales wont accept it as hes fully registered ect.)

 

Phoned the council this morning and waiting for a call back from the head of the council tax department regarding this situation.

 

Just wondering if I can demand they take me to court if they wont accept a legal, legitimate document? After all I have done everything they have asked me to do and they just keep throwing up ridiculous obstacles.

 

Personally I would be sending that regulation 46 to the magistrates Court (amended of course to update on the situation) this LO has a duty to sort this out and kick these morons into touch.

 

WD

[brassnecked]

Personally I would be sending that regulation 46 to the magistrates Court (amended of course to update on the situation) this LO has a duty to sort this out and kick these morons into touch.

 

WD

 

Agreed it has gone far beyond muppetry, into absolute bloody minded stupidity, Eliott2011 copy MP into everything also. I would think the solicitor could also have a pop at tossendales for impuning his good character.

 

Are they frantically bluffing it out as they are worried that their mountain bike was as real as a pancake on pancake Friday, and are worried that an accusation of fraud may follow?

Edited August 9, 2011 by brassnecked

[seanamarts]

They know they have cocked up and they are trying to wriggle out of it.. This company needs to shut down until it learns how to run a business.

[Elliot2011]

Well the head of council tax phoned back yesterday (conveniently at a time I told him I would be out) - but Im just about to try and get hold of him again and see what he has to say on the situation.

 

The solicitor also tried to phone me when I was out and is calling me back as soon as hes in the office so maybe he has more information for me as well.

 

Hopefully all these mistakes and blatant Vexatious and fraudulent actions from Rossendales will actually get them in trouble as I hate to think they are treating much more venerable people in this way.

[brassnecked]

Well the head of council tax phoned back yesterday (conveniently at a time I told him I would be out) - but Im just about to try and get hold of him again and see what he has to say on the situation.

 

The solicitor also tried to phone me when I was out and is calling me back as soon as hes in the office so maybe he has more information for me as well.

 

Hopefully all these mistakes and blatant Vexatious and fraudulent actions from Rossendales will actually get them in trouble as I hate to think they are treating much more venerable people in this way.

 

Elliott2011 yoy can GUARANTEE that they are treating others in exactly the same way, the problem is that the majority roll over and put themselves into poverty to pay these vultures, as many resort to loan sharks to pay tossendales outrageous demands. that is why it is important to record ANY telephone conversation with a bailiff just inn case he hangs himself by telling a vulnerable or any debtor to borrow money to pay him.