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Bailiff notice

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  • RobertoMoir
    RobertoMoir Posts: 3,458 Forumite
    Part of the Furniture Combo Breaker
    dotstar24 wrote: »
    Roberto, RAS.

    I'm sending a letter today asking for a breakdown of the xtra £200.I am also emailing them every couple of hours with the same email asking for a breakdown.

    If i don't get a response by friday, what should I do? How should I behave as such?? obviously he's not coming into my house so I'll wait for him outside. but if i don't think the charges are correct should i refuse to pay him anything? I can pay the £234 friday to rossendales by net banking...no problem. ??

    also I can pay the other account off over the next few weeks. How long will it take for the account to go legal if i just refuse to speak to them and just pay it off?? there are no cars outside my house during week (hubby works away) and i've not signed a walk in possesion order.

    any advice always greatfully received. x

    My advice:
    Speak to your local councillor.
    • Point out the illegal levy fee charge.
    • Point out the bailiff's refusal to tell you how your bill was arrived at before you pay it.
    • Remind councillor that the council is legally responsible for the actions of its agents.
    Do it now. Simple as.
    If you don't stand for something, you'll fall for anything
  • RAS
    RAS Posts: 35,604 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi

    Found this on another thread where an equita bailiff has been making illegal charges.

    Dotstar, I am very worried that if you make any payment on this account, the bailiff will award himself the illegal fees and leave the outstanding CT debt. So you must not pay until this is sorted.

    By the way, the OP whose letter is below has been send a revised statement that is £200 less than the first one.

    Advice from Herbie21

    You need to WRITE to Equita or better still send an e-mail to:

    [EMAIL="info@equita.co.uk"]info@equita.co.uk[/EMAIL]

    You need to say something along the following lines.

    I refer to the above account in relation to unpaid council tax due to xxxx

    As you will be aware from your files this account has been assed to your bailiff Mr xxx to enforce.

    The query that I have is concerning the amount that your bailiff is now stating is due. You will be aware that your bailiff visited my premises on xxx and for this visit I am advised that Mr xxx may only charge a fee of £24.50 for "attending to levy where no levy was made". I am further advised that it would appear that Mr xxx is attempting to charge me an "enforcement fee" which is NOT provided for in the statutory regulations unless a valid levy was first undertaken. No levy has been made on my goods and no documentation provided as proof.

    As a matter of urgency can you please provide a full and detailed breakdown of the charges made by your bailiff.
    If you've have not made a mistake, you've made nothing
  • dotstar24
    dotstar24 Posts: 494 Forumite
    thanks u guys. I've email 3 local councillors today with my plight. One of them has read my email so i'm hoping for a response tomorrow.

    I've emailed rossendales twice again today asking for a breakdown....no joy. so i'vesent the above template to them
  • dotstar24
    dotstar24 Posts: 494 Forumite
    Update:

    from head of revenues at the council:
    I have already answered a query regarding your debt from Councillor Foy this morning and he will be contacting you directly.
    My colleagues, Mr Leach replied to a similar email to that below, which explains the position.
    The charges incurred for the use of the bailiff are not illegal and are laid down by statute.
    You would have previously reached an agreement with the bailiff to pay your debt by instalments and it is because this arrangement has not been kept that this further action is now being taken. The consequences of not keeping the arrangement with the bailiff would have been explained at the time.
    I believe you have indicated to Councillor Foy that you could clear the outstanding balance.
    I would suggest if this is the case, you contact the bailiff company directly and make payment of the balance. This would avoid the addition of unnecessary costs.
    Regards

    when i again asked for a breakdown he said there was no 'breakdown' just the legistation

    council minion:

    As these are Rossendales own costs you will need to take this matter up with them direct. I can tell you that two Liability Orders have been issued by the Courts in respect of your account-one with £200 outstanding and the other £700 and the statutory Bailiffs Fee on each order when a Bailiff visits is £110.00 per order.

    my dear councillor:

    I RANG DAVE BAKER AT THE COUNCIL THIS MORNING,TO ASK HIS ADVICE AND HE EXPLAINED A FEW THINGS TO ME ,THEN HE SAID HE WOULD CONTACT YOU TODAY,TO EXPLAIN WHAT YOU MUST DO,I CAN SEE FROM MY EMAILS THAT HE HAS,SO I HOPE HE HAS ANSWERED SOME OF YOUR CONCERNS

    Still no breakdown. feel crap. just gonna have to pay the bailiff. i'm confused.

    rossendales still not answering my emails.

    sorry to be dispondant, but am going to have a beer. what a disapointing day:confused:
  • RAS
    RAS Posts: 35,604 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    dotstar

    Now you know what the liability orers are, which is what we want to know.
    please can you pm Herbie21 again.

    it took at least a week for the OP to get her breakdown of charges.
    If you've have not made a mistake, you've made nothing
  • dotstar24
    dotstar24 Posts: 494 Forumite
    her mailbox is full
  • RAS
    RAS Posts: 35,604 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Rats

    it was yesterday.

    I know the phone number on her website charges (a lot) but in the circumstances, give her a very brief ring tomorrow and ask her to deal with the PMs and check dotstar's thread?
    If you've have not made a mistake, you've made nothing
  • dotstar24
    dotstar24 Posts: 494 Forumite
    thanks RAS for all your great advice (and u too Roberto). but i think i'm just going to pay him. i might try and shave £50 off the £435 so we're not totally skint next week. I will post the breakdown once i get it so u can have a gander at it.
    and i do solemly swear, to pay my council tax this year. xxx thanks again mate.
  • dotstar24
    dotstar24 Posts: 494 Forumite
    bailiff rang me earlier. he can't come until tomorrow morning now.

    i got a breakdown of my payments

    ref 1(that bailiff is coming for tomorrow)

    Council tax: 889.25
    plus recovert costs: 70.00
    less payments made via rossendales : -724.50

    bal o/s: 234.75


    WHERE THE HELL DOES THE EXTRA £200 he's trying to charge me come from???
  • dotstar24
    dotstar24 Posts: 494 Forumite
    thank you herbie. I will be very careful when i look at the breakdown tomorrow. i tried to say i was a bit short (we have to eat next week for christs sake) but he said he couldnt close the warrant without £434.75
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