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Help and advice for Rundles bailiffs

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  • hallowitch
    hallowitch Posts: 1,286 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 11 December 2013 at 8:31PM
    Name Bailiff Ref No
    Address Council Tax Ref No
    Date
    FORMAL COMPLAINT
    Bailiff and Medway council’s conduct against a seriously ill vulnerable debtor
    Dear Sir.

    The above debt is being enforced by Rundle & CO L.T.D despite the fact that I was diagnosed with breast cancer early into this agreement and have gone through Surgery,chemo and radio therapy payments have been maintained as per my agreement first payment of £300 made on (date of first payment) then £5 per week to be paid over the phone by debit card a fee of £1 per payment for paying this way is being charged

    On the 9th of December I received a hand delivered letter from Bailiff Mr Jessop (copy attached)
    I phoned MrJessop who informed me I had missed one payment at the beginning of November and that my account had been cancelled

    I explained I was not aware that I had missed a payment and it was possibly because of the treatment I was receiving for breast cancer as it makes me tired and very forgetful
    Mr Jessop. said there's nothing he could do and if couldn’t pay £135 in 48 hours he was coming round to see what I've got that he can take.

    I told him I was unable to pay £135 as I was on benefits because I was unable to work and asked him not to come to my house as my health wasn’t good he informed he didn’t have a choice and there was another outstanding debt for £400 he needed to see me about

    I was very distressed when my phones call to MrJessop ended and
    I immediately phoned Medway council and explained my situation I was informed the debt now had nothing to do with Medway council and it’s the bailiffs who decides what happens


    Distraught at the thought of Police and a bailiff coming to my home to remove goods I took advice and was informed that there are National Standard’s for enforcement agents and that all local authority’s and bailiffs have agreed to be governed by them


    The National standards for enforcement agent’s state


    The bailiff has a duty to contact the creditor and report the circumstances in situations where there is evidence of a potential cause for concern


    Bailiff’s must not falsely imply or state that action can or will, be taken when legally it cannot be taken


    As you can see from the letter (attached) it clearly states Mr Jessop attended to remove my goods and

    shall be calling back in the next 48 hours with the police in attendance if necessary to carry out this task

    As there is no levy on my goods (a fact he would be fully aware of as to remove goods previously levied he would need to have with him a copy of the notice of seizure listing the goods he intended to remove)

    Equally he will also be aware that the police have no power to help him gain entry to a property where entry hasn’t been previous gained


    MrJessop is an unprofessional bully who has no regard for the venerable and has either not read the National standards or feels they do not apply to him

    Even after telling him how ill and forgetful I was because of my treatment he still continued to intimidate me insisting he had no choice but to remove my goods in 48 hours if I didn’t have £138 and if I paid it I could continue to pay £5 per week for the new debt payment to made over the phone as per the agreement that is already in place

    The Lady who dealt with my call to Medway council has clearly had no training as she should have been aware that the bailiff does not have the final say Medway council is and always will be fully responsible for the debt and the actions of their bailiffs and that a local authority also has a duty of care to Venerable debtors this lady’s lack of action left me very distressed

    Because of my treatment the amount of hospital appointment’s and further surgery I can’t maintain a manual payment system and further bailiff enforcement will be actioned if payments are not maintained I therefore request Medway council remove the debt for Rundle & co and set up a standing order to be paid at £5 per week

    Yours

    xxxxxxxxxxxxxx






    I am not an expert I am self taught i have no legal training any information I post is based on my own personal experience and information gained from other web sites


    If you are in any doubt please seek legal/expert advice help
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