question about bailift's
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Discussion

wizzbilly

Original Poster:

955 posts

223 months

Wednesday 12th November 2008
quotequote all
alright all just after bit of advice or even better some legal advice .

just had a dept collector call at my door trying to say that owe then £460 odd quid for council tax .

now my council tax has been paid upto date for year's and just checked this by this with council office .

company called rossendales .

now i had no previos letter's at all regarding this so bit confused about it and the council seam not to be able to find any detail's of me owing any money to them .

when came just give me a sheet of paper saying payment in full within 24hrs or good's will be removed .

where do i stand on this and is there anyway of me proving that i have actualy paid all my council tax etc , have got all letters and council have agreed that for last 5years everything is upto date and cant see any reason for this .

can they actualy just turn up and take stuff even though i have not had any previos letter's or wanings to pay for this or they just trying to do there uswell bully routine .

any advice much aprecaited

cocopop

1,300 posts

235 months

Wednesday 12th November 2008
quotequote all
That wasn't the easiest post I've read all day, but you can tell them to piss off. They can't touch any of your stuff without a court order. If they do, have them arrested.

crossle

1,520 posts

281 months

Wednesday 12th November 2008
quotequote all
Make sure you check the spelling on any documents you've been given.








Very carefully...

Mandat

4,633 posts

268 months

Wednesday 12th November 2008
quotequote all
Bailiffs can't remove goods without a court order. Have they got one?

Jasandjules

72,606 posts

259 months

Wednesday 12th November 2008
quotequote all
No, they cannot turn up and collect items without a court order. A search on here for an appropriate letter will give you what you need to send to both the council and the debt company concerned. I would also suggest you request an immediate and unconditional apology from the council and request details of their data handling because it seems a breach has occured, and you have been libelled.

wizzbilly

Original Poster:

955 posts

223 months

Wednesday 12th November 2008
quotequote all
sorry chap's am dyslexic and go through this every post i make on the forum .

To be honest think he was trying to intimadate me with the size of him but did not bother me as like i say i no that everything is upto date and no previos letter's have come .

said going to call back tommorow and think will be supprised when i actualy open the door lol

everything in the house belong's to the other half so legaly they cant touch it can they ?

many thanks

sorry about poor english .

Office_Monkey

1,969 posts

239 months

Wednesday 12th November 2008
quotequote all
Give the guy a break, he has said on numerous occasions that he is dyslexic.

Whizz, I would advise you to get the council to write to you stating that you are not in arrears and they are not chasing you for an outstanding balance.

Edited for speeling

Edited by Office_Monkey on Wednesday 12th November 13:50

cocopop

1,300 posts

235 months

Wednesday 12th November 2008
quotequote all
wizzbilly said:
sorry chap's am dyslexic and go through this every post i make on the forum .

To be honest think he was trying to intimadate me with the size of him but did not bother me as like i say i no that everything is upto date and no previos letter's have come .

said going to call back tommorow and think will be supprised when i actualy open the door lol

everything in the house belong's to the other half so legaly they cant touch it can they ?

many thanks

sorry about poor english .
Ok, legally they can't touch anything with a court order. You don't even have to open the door. If you've spoken to the council and they confirm you're payments are up-to-date I'd get onto them find out whether they use this company. As mentioned above, I'd demand an apology from the council if it is their fault.

ETA. If they don't use this company, ring the police.

Edited by cocopop on Wednesday 12th November 13:54

wizzbilly

Original Poster:

955 posts

223 months

Wednesday 12th November 2008
quotequote all
The letter he gave me at the door say's

bailiff removal

magistrates liability order/distress warrant for council tax

sorry none of this makes any sense to me at all as never had dealing's or been through anything like this before.

council say there going to send me out a detailed letter with all payment's i have made over the last 5year's which is about as much use as kick in teeth as i have all the letter's at home staing that it has been paid .

bloody nightmare

Pot Bellied Fool

2,261 posts

267 months

Wednesday 12th November 2008
quotequote all
Rossendale's are widely used by many Councils so it's genuine in that respect.

But in my experience, they're a right shower, who like to coerce, intimidate & give decent operators in the debt collection game a bad name.

They like to give the impression that they can just barge in & start taking everything but that's not the case.

Do not give them peaceable entry. Do not leave anything insecure (open windows etc). Do not let them in "just so I can do the paperwork Sir".

Their paperwork should have the council's reference on it. Does that correspond to your Council Tax account number? If it does, then the error's with the council probably. If not, then they've possibly got the wrong house or been given the wrong address.

Have a look here for info on what debt collectors can & can't do. It's a few years old but I think it's still upto date. Failing that, search that message board for info. There's plenty there!

JustinP1

13,363 posts

260 months

Wednesday 12th November 2008
quotequote all
As has been said, they cannot force their way in. If you have your foot behind the door they cannot push you back.

However, once they are inside with the right paperwork they can take items. For that reason when they ask to sit down and look at your letter or go through to go to the loo, SAY NO!

If they persist, ask them to call the police and let them handle the situation. If he is genuine then he will have no objections to this. Failing that, you can call them armed with your paperwork.

Above all else, talk to them with your foot behind the door!

wizzbilly

Original Poster:

955 posts

223 months

Wednesday 12th November 2008
quotequote all
thanks mate will have a good read through that now , just wanted to check through stuff and get other's opinion's as not my sort of thing and aint got clue what to do .

if they wont to get into the house they will have 2 dogs to get past which aint freindly ha ha . so unless they play things by the book i shant bother controling the dogs if they try push there way in .

i have heard about al there tactics and seen them on tv trying to get there foot in the door luckily enough i have cctv outside my house which is invisable to the naked eye but is there to protect my work vecile's and tool's , may just stick it on recored as got volume just incase .

crossle

1,520 posts

281 months

Wednesday 12th November 2008
quotequote all
wizzbilly said:
sorry chap's am dyslexic and go through this every post i make on the forum .
Oops - sorry mate - no offence.frown

paoloh

8,617 posts

234 months

Wednesday 12th November 2008
quotequote all
Rossendales are a shower of st!!!

As has been said before, they give people the impression that they will send a van round and that is the end of it.

They came after me for a property that I had sold 2 years prior....

wizzbilly

Original Poster:

955 posts

223 months

Wednesday 12th November 2008
quotequote all
They seam to of built themself a great reputation by the sounds of things , oh well shall keep this thread updated , as like i say not something i have had dealing's with in the past so unfamiler, always best to seek advice especicialy if your as intelgent as me lol .

10 Pence Short

32,880 posts

247 months

Wednesday 12th November 2008
quotequote all
wizzbilly said:
They seam to of built themself a great reputation by the sounds of things , oh well shall keep this thread updated , as like i say not something i have had dealing's with in the past so unfamiler, always best to seek advice especicialy if your as intelgent as me lol .
As has been said, Rossendales are well known- they are a very large operator. Sadly, even though they come across as 'respectable' in their literature, they often rely on the same old bully boy tactics used throughout the industry.

If you are in any sort of arrears, get it sorted ASAP. If not, insist with your council that you want Rossendales putting off the scent immediately.

I wouldn't bother spending too much time on the phone to Rossendales as their operators are trained to mediate in much the same way as fighting pit bulls.

speedchick

5,288 posts

252 months

Wednesday 12th November 2008
quotequote all
Don't even open the door to them, if you do decide to speak to them, then go out the back door, lock it and walk round the front, keeping your keys in your pocket, and also ask for the bailiffs certificate, he has to produce that.

andy_s

19,854 posts

289 months

Wednesday 12th November 2008
quotequote all
He doesn't have to produce a certificate, just have one I think. He should have ID though I'd have thought.
He needs a distress warrant from the court before removing anything.
Have you checked with the council - if it's an admin error then they should get it sorted sharpish, especially when they hear the words 'caused' 'me' 'alarm' 'distress' and 'newspaper'.
You have to sort this out at source - i.e. the council as the baillifs have heard it all before, 'it's me mam', 'it's in the post' etc and so don't stop at anything you can say to them.
It's not their business about the rights or wrongs of the particular problem, merely the executing of a warrant - in their eyes all the argueing has already been done, whether it has or hasn't.
In short - they can't stop the process until called off by the court/council.

speedchick

5,288 posts

252 months

Wednesday 12th November 2008
quotequote all
You do need to ask for the certificate and he does have to produce it, there have been a few cases of Rossendales bailiffs having the wrong company on the certificate, if the cert doesn't name the right company then they are operating unlawfully.

nigel_bytes

557 posts

266 months

Wednesday 12th November 2008
quotequote all