Rossendales Walking Possession

[chuddy72]

I defaulted on a walking possession agreement with Rossdales for unpaid Council Tax.

They arrived today to remove goods stating that i must pay £896.87 or they would remove goods.

The goods listed are

Sharp 40" tv

2 Seater Fabric sofa

Zoostorm Desktop Pc

[chuddy72]

I defaulted on a walking possession agreement with Rossdales for unpaid Council Tax.

They arrived today to remove goods stating that i must pay £896.87 or they would remove goods.

The goods listed are

Sharp 40" tv

2 Seater Fabric sofa

Zoostorm Desktop Pc

15" monitor

wooden coffee table

wood dining table.

 

My brother arrived and informed them that they couldn't take the sofa as it had no fire retardent label.

 

He informed me that I had until 9:15, and he was then going to add a further £60 per hour charge.

At 9:15 he returned and said he was giving me 24 hrs. He will then return and take the goods, and any other goods to cover the fee.

I now realise i should never have let them in in the first place, and am in desperate need of advice.

 

Fees on Walking agreement dated 29/08/13

 

Client debt and costs outstanding £1288.27

Levy Fee: £61:00

Walking Possession £12:00

Total: £ 1361:27

[brassnecked]

The levy of itself may be faulty, if dossendales were to remove the sofa, which they cannot lawfully sell, and the other goods. they would be unlikely to make enough at auction to clear 20% of the debt imho, the PC is it used for schoolwork by a minor? if so he cannot have it

 

Other Caggers will be along soon.

[chuddy72]

Thankyou for replying, what exactly do you mean by the levy being faulty? Is it faulty in respect that the goods levied are so low value?

The PC is used by my daughter for schoolwork, how can I prove this?

Thankyou in advance, it is much appreciated

[mikeymack2002]

A PC has a hard drive and is covered by the DPA Act the can not take it, the same goes for any item that stores personal data, even mobile Phones are covered, I will find the list and post it up for you,

 

 

MM

[chuddy72]

sorry for being thick.. whats the dpa act?

[brassnecked]

Thankyou for replying, what exactly do you mean by the levy being faulty? Is it faulty in respect that the goods levied are so low value?

The PC is used by my daughter for schoolwork, how can I prove this?

Thankyou in advance, it is much appreciated

 

Computers are a difficult subject, as if any of your, or your families personal details are on the hard drive, there are DPA issues as to proving it you could say that it is used for that purpose, and the rest of the levy may well be not enough to cover all costs of removal, bailiff fees, and a portion of the debt, a 40" TV is entry level today, and would likely fetch £50 at best in auction, many seized LCD or plasma TV's are damaged when removed due to the screens being more fragile than old CRTs, thus reducing the value further. As the debt is now at £1361, they would need £13,000 worth of goods to be sure of clearing the debt and fees as items at a distress sale can fetch as little as 10% of their value at auction. A Formal Complaint yo the Head of Revenues copied to the CEO and Elected Leader and MP regarding the levy which you suspect was merely done to garner fees for the bailiff is an option.

[mikeymack2002]

LOL it's ok, the DPA is the Data Protection Act 1998 seen here http://www.legislation.gov.uk/ukpga/1998/29/contents if they try to then quote it, they cannot take it as it contains personal information to you, and would leave you open to possible identity theft, it will obviously contain lots of files and date that are not for them to seize, Thanks BN you saved me typing the rest

 

 

MM

[chuddy72]

ok so when they turn up tomorrow, my brother has told me that he doesnt think they'll take anything.. if they do try and take pc, ill tell them of the dpa and daughters school work, and that should stop them taking that?

Regards the sofa.. if they DO try and take it, (the bailiff said that they'll just scrap it instead of selling it, but he IS taking it) the sofa is too large to go through the door without taking the door off.. can they take the door off to get it out?

Thanks again both for all the advice

[chuddy72]

also.. what about this £60 per hour he said he would charge? sorry for all the questions.

[brassnecked]

"Regards the sofa.. if they DO try and take it, (the bailiff said that they'll just scrap it instead of selling it, but he IS taking it) the sofa is too large to go through the door without taking the door off.. can they take the door off to get it out? "

 

Well the cretin won't be taking it then, why he would remove it to scrap it is beyond me, he is trying to frighten you into paying him. That of itself is one gem to include in your formal complaint, that their agent tossendales are going to TAKE A DOOR OFF, to remove a settee they have seized that is of NO VALUE and unlawful to sell to boot. You still don't even have to let him back in at this stage anyway, levy or not, as to a £60 per hour waiting charge, don't think that is in the regulations.

[chuddy72]

So it was wrong of him to state the 60 pound per hour.

all the other things ive seen say that he can force entry, and you're telling me i don't have to let him in still? hows that?

[renegadeimp]

Rule number 1. Bailiffs lie.

[chuddy72]

thankyou all.

i really want more info on what you said about me not having to allow him in tomorrow

[mikeymack2002]

To cut a long story short the Bailiff can only levy on goods he intends to sell at public auction.... he does not have a right to dispose of anyitem he does not intend to sell... also the regulations forbid him from selling/taking any item that does not meet the fure safety ccertifications. . So if he does put a claim/complaint in against him/company... but do not issue a form 4 you will get more trouble than u need.... MM

[Guest carlos999]

Hi - I've looked through the thread and the advice is off mark a bit. One poster in particular seems more interested in making silly changes to company names than giving out advice!

 

They will not take the sofa, no labels means no value so they can not take it. The PC and TV they WILL take. Ignore the stupid dpa quotes as bailiffs do not care, pc's are erased at auction, they have to give you time to save the data that is all. The tv and pc are worth enough to get a payment so they will be removed and the company will just absorb the cost so it appears to the council they have offset some of the cost. They will have to otherwise the council will ask why levy fees are on a case but goods haven't been removed - otherwise the council will start asking questions. You need to speak with council or come to an arrangementm

[mikeymack2002]

For you the rules are different as you have previously let him gain peaceful entry, he could now be allowed forced entry but should not happen

This is why debtors are advised never to allow a Bailiff in its to stop the mess you are now in... my battery is nearly flat so will respond again shortly

 

MM

[chuddy72]

so he shouldn't force entry as the goods are of so little value?

whats the most likely outccome of this? can i contact the council to try and stop proceeding? what would i say?

[unclebulgaria67]

so he shouldn't force entry as the goods are of so little value?

whats the most likely outccome of this? can i contact the council to try and stop proceeding? what would i say?

 

You should contact the council urgently to see what help they can provide. Are there any issues of vulnerability that the council need to be aware of ?

 

The council need to be made aware that the bailiff has listed items that are necessary for satisfying the basic domestic needs of your family. They also need to be made aware that the items listed will only cover a fraction of the bailiff fees and not any council tax liability.

 

The council also need to be aware of your financial circumstances and that you are not trying to avoid making payments for any council tax legally due.

 

See if you can speak to someone senior at the council.

[dx100uk]

what was the value of the original liability order

 

and how many £100's of £'s have rossers added on top

for various spoof visits and van fees etc etc??

 

WHY ARE YOU PAYING THE BAILIFF?

 

tell us the full history and a complete breakdown of rossers fees pleased

[brassnecked]

"pc's are erased at auction

 

You can get the erased data back quite simply using tools I have on my diagnostics USB pen, which are widely available online; the only sure way of deleting data is to destroy the hard drive, and with that dies the Windows license. Computers can bite a bailiff on the backside.

 

The PC and TV will fetch less than £100 at auction most likely, follow what DX and unclebulgaria have suggested

[dx100uk]

stay off that phone to the bailifficon follow this:

if you can pay you should be paying the council

direct via your internet banking site

never ever pay a bailiff.

.

Here is something to be getting on with. First of all establish from the Council how much was owing etc You need to speak to someone at the Council and ask the following questions:

1 - how many Liability Orders they have against you

2 - the dates they were obtained

3 - the addresses they were for

4 - the period of time each covers

5 - how much each one was for

6 - how much is still outstanding

7 - the dates they were passed on for enforcement

8 - the dates & amounts of any payments

.

Next you need to send off for a breakdown of the charges the Bailiff applied. Here's an example, use and adapt at will and best sent initially by email backed up by a copy in the post.

.

"From:

My Name

My Address

.

To:

Acme Bailiff Co

Bailiff House

.

Ref: Account No: 123456

.

Dear Sir

.

With reference to the above account, Can you please provide me with a breakdown of the charges.

.

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were certificatedicon at.

e - the date of the Certification.

.

This is not a Subject access requesticon under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

.

I require this information within 14 days.

.

Yours faithfully

.

Ripped off customer"

[dx100uk]

also total up what you have paid rossers to date

 

ask the council on the phone

EXACTLY how much of that money has ACTUALLY gotten through to them

over the course of you paying the bailiff....

 

surprises coming me thinks!!

 

dx