Rosendale fees.

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robmccreight
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#1 Rosendale fees.

Post by robmccreight » 13 Oct 2016 12:43

Hi everyone and thanks in advance for reading this.
3-4 years ago I fell behind with my council tax at my current address. However it was over 2 council tax periods, these were eventually passed ro rosendale and they applied their fees to both, £75 for something on each and then £300 on each for some twat turning up at my door and posting a letter through it.

I understand they have charges etc, but can they charge £300 for both my council taxes. Like I say both council taxes are for my same address just over 2 periods. .

Hope this makes sense.

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Schedule 12
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#2 Re: Rosendale fees.

Post by Schedule 12 » 13 Oct 2016 13:29

The bailiff can only charge £235 enforcement stage fee once for simultaneous enforcement for multiple liabilities against the same debtor.

Regulation 11 of the Taking Control of Goods (Fees) Regulations 2014 states; http://www.legislation.gov.uk/uksi/2014 ... on/11/made
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#3 Re: Rosendale fees.

Post by Michelle » 13 Oct 2016 14:02

jasonDWB wrote:The bailiff can only charge £235 enforcement stage fee once for simultaneous enforcement for multiple liabilities against the same debtor.

Regulation 11 of the Taking Control of Goods (Fees) Regulations 2014 states; http://www.legislation.gov.uk/uksi/2014 ... on/11/made
Sounds like the charges may be pre-2014.
robmccreight wrote:Hi everyone and thanks in advance for reading this.
3-4 years ago I fell behind with my council tax at my current address. However it was over 2 council tax periods, these were eventually passed ro rosendale and they applied their fees to both, £75 for something on each and then £300 on each for some twat turning up at my door and posting a letter through it.

I understand they have charges etc, but can they charge £300 for both my council taxes. Like I say both council taxes are for my same address just over 2 periods. .

Hope this makes sense.
Listen very carefully, I shall post this only once:
Anything posted by me is from my own knowledge and experience, it is not legal advice or the official views of this forum.

Knowledge is Power.

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Schedule 12
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#4 Re: Rosendale fees.

Post by Schedule 12 » 13 Oct 2016 15:05

Rossendales MO from pre-2014 days was to send a 1st call bailiff to Hit & Run the address to charge the £24.50 first visit charge. Then send a certificated bailiff, called a "van bailiff" to hit & run the property again with the £18.50 charge and a "van fee" of £300. Repeat ad-infinitum for as long as they got away with it.

The van fee was applied even when the bailiff had not taken control of goods. They were very easy to recover in the small claims track. In fact DWB used to have a downloadable claim pack to reclaim van fees.

What is the date of the liability order? And on what dates did they attend?

The council can tell you this.
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robmccreight
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#5 Re: Rosendale fees.

Post by robmccreight » 01 Nov 2016 16:41

Hi thanks for the info, I received the following reply from Rossendales. Are they correct,


Regarding references 26079699 & 9385290

I can confirm that the fees applied to both account are correct.

This is due to the fact both cases are for different years, and were passed to ourselves by the client on different dates.

Reference 9385290 was loaded on to our system on 22/08/2014 for the period of 01/04/2014 to 31/03/2015, whereas reference 26079699 was loaded on to our system 04/02/2016 for the period of 01/04/2015 to 31/03/2016.

As such the fees applied to the account are correct.

Kind regards,

Customer Correspondence Team

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#6 Re: Rosendale fees.

Post by Pote Snitkin » 01 Nov 2016 17:17

Did you get a breakdown of the exact charges? You said before they had added £75 then a further '£300 odd' to each account - how much are they asking for in total, how much is fees, how much is original debt?
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

robmccreight
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#7 Re: Rosendale fees.

Post by robmccreight » 01 Nov 2016 17:31

The fees they added to my accounts, baring in mind there both for council tax just for 2 different years, are a £75 compliance fee and £235 enforcement fee for each one.

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#8 Re: Rosendale fees.

Post by robmccreight » 01 Nov 2016 17:36

Having looked further into it I came across this on the citizens advice website about bailiff fees.

It states that "fees for bailiffs chasing multiple debts"

If a bailiff is chasing you for more than one debt, they have a duty to try to deal with them together and minimise the fees and expenses you are charged. Generally, this means you can be charged a separate compliance fee for each debt, but should only be charged once for the enforcement and sale stages. This only exception to this is if it isn't possible or practical for the bailiff to combine the actions against you.

Should I keep harassing them until they remove one of the enforcement fees. I've almost paid off the council tax which means it will be only the fees to pay. Which I DO NOT want to pay the robbing scum bags.

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#9 Re: Rosendale fees.

Post by Schedule 12 » 02 Nov 2016 21:53

You are only liable for one £235 enforcement fee.

If you want to hit them in the pocket, then have a detailed assessment hearing. It's easy to do and you can have a local solicitor do it for you and the bailiff company pays everything. Here is more: http://www.dealingwithbailiffs.co.uk/da.html
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#10 Re: Rosendale fees.

Post by Tuco » 02 Nov 2016 23:09

Both £235 fees are due in this case.

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#11 Re: Rosendale fees.

Post by Schedule 12 » 02 Nov 2016 23:14

Only if a bailiff can show the enforcement cannot be simultaneous.

From what I can see here, its multiple liabilities against the same debtor.
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#12 Re: Rosendale fees.

Post by Tuco » 02 Nov 2016 23:40

The first account was received in August 2014 and the second in February 2016. I would suggest that a visit was made on the first account, before the second debt even existed.

What needs to be looked at is what happened in 2014? When did the OP first become aware of the 1st debt? Has the OP moved address since 2014? Has the OP been paying anything off the first debt, prior to the visit for the second debt? When the bailiff visited this year, had anything been paid off the first debt? is the OP claiming that no visit took place in 2014?

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#13 Re: Rosendale fees.

Post by Schedule 12 » 03 Nov 2016 10:08

In these circumstances, I would wait for the bailiff to make the charge, then do a recovery in the small claims track.

That way, it doesn't matter if the £235 was payable, the OP protected against the costs of defending the claim.
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#14 Re: Rosendale fees.

Post by robmccreight » 03 Nov 2016 11:17

I'm almost 100% certain that no bailiff came in 2014. It's all at the same address and yes I had been paying both debts including the first one when the second bailiff came. The 2nd bailiff only came because I missed a payment that month.

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#15 Re: Rosendale fees.

Post by Schedule 12 » 03 Nov 2016 11:20

Get the council tax itself paid to the council and get a receipt. That takes care of the liability order(s).

Deal with the bailiff later. For now, protect yourself: http://www.dealingwithbailiffs.co.uk/Ex ... liffs.html
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Tuco
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#16 Re: Rosendale fees.

Post by Tuco » 03 Nov 2016 11:47

robmccreight wrote:I'm almost 100% certain that no bailiff came in 2014. It's all at the same address and yes I had been paying both debts including the first one when the second bailiff came. The 2nd bailiff only came because I missed a payment that month.
Who were you paying both debts to?

The important issue is the first debt. You must have received notice from Rossendales about it back in 2014? Were you on a repayment plan with them?

Did you contact Rossendales when you received notice from them?

You talk about a "second" bailiff. Was there a first bailiff? If so, roughly when did he visit you?

robmccreight
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#17 Re: Rosendale fees.

Post by robmccreight » 23 Nov 2016 18:39

Id like to thank everyone for their advice. I stuck it to rossndales about there fees, only for them to tell me In not so many words "tough our fees are correct and your paying both of them" well after doing some more research and quoting a few things I found online, they have now backed down and not only refunded me the £230 conman at my door fee. They have also refunded the other £230 conman at the door fee. :-) could not be happier. now I have seen the end of these dirty low life scums.

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#18 Re: Rosendale fees.

Post by Schedule 12 » 23 Nov 2016 19:23

Well done, and great for sharing it with us. You can send Tuco the beers.

This goes to show that getting redress can be achieved with relatively little effort.
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