Rossendales at it again!

Quash the Liability Order. Suspend Enforcement. Disputing Liabilities. Claim Damages for Misuse of Enforcement Power.
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Yurix10
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#1 Rossendales at it again!

Post by Yurix10 » 12 May 2017 07:32

Rossendale's at it again!


Heya guys,

After my last cry for help I'm happy to say the council backed off and admitted wrongdoing and Rossendale's lost their fees and never heard from them for a year.

The council pulled a fast one on me knowing full well I could not pay, they brought up a debt that should have been paid already with last years attachment of earnings. They subsequently passed it on to Rossendale's again, who I believe have not given me proper notice. The first letter they sent me informed me that they were sending an agent to my property. I phoned them to settle this and do a payment plan, when they refused and told me to deal with the agent i said no and that their agents were not welcome and their implied right of access to my property is revoked. I'm currently trying to resolve this with the council having stated last time they sent a debt to Rossendale's they admitted wrongdoing and returned the debt to themselves. Still awaiting a phone call about it. This isn't the first time Rossendale's have tried to claim they sent previous letters about it. Any advice on how to tackle this?

Thanks for your time

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Schedule 12
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#2 Re: Rossendales at it again!

Post by Schedule 12 » 12 May 2017 15:06

Rossendales are only interested in finding a way to apply the £235 enforcement stage fee. Nothing else matters.

If you didn't get a notice of enforcement then it's no surprise because bailiff companies have a motive because they get to apply the enforcement stage fee without you knowing about the debt beforehand. They also know the court will usually come on the side of the bailiff company if the giving of the notice is brought into question. I have only successfully proven a missing notice when either the wrong address is on the liability order or warrant, or the bailiff produces a reconstituted copy of the notice drawn from a computer and gives it as evidence of giving the notice.

You have a list of way to prove the notice as not given and the most common is an affidavit. Then section 7 of the Interpretation Act 1978 decides that the notice has not been given - at least by the ordinary course of post.

Attached a template, and run this checklist: http://beatthebailiffs.org/Council-tax-bailiffs.html
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Author: dealingwithbailiffs.co.uk

Yurix10
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Joined: 12 Feb 2016 09:26

#3 Re: Rossendales at it again!

Post by Yurix10 » 13 May 2017 02:34

Well swing as last time they tried pulling one on me last year they didn't give me 7 clear days and the first letter sent was the NOE, the council finally investigated after an official complaint was filed and found they had not followed procedure. I was going to use this example of the underhanded tactics they use and that when I say they haven't sent anything prior it has more credibility. At the minute I'm going to try to resolve this with the council by asking why they took advantage of my financial situation knowing full well I was unemployed but not entitled to benefits at the time (back working again though) so I had no money at all, then i am going to ask them why this debt was not paid via attachment of earnings, then I'm going to bring into question the credibility of Rossendale's after last years instances and the council admitting liability to wrongdoing, then ask them if its worth an inquiry by the local government ombudsman for maladministration for last years case where I have written proof that the council are not capable of conducting a competent investigation and why I had to make a complaint. Maybe this might make them more cooperative I don't know, what do you reckon?

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Schedule 12
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#4 Re: Rossendales at it again!

Post by Schedule 12 » 13 May 2017 10:29

Try it and see what happens. I've always used the damages route where possible. It saves lots of hassle with endless excuses from the council and the Bailiff company.
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Yurix10
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#5 Re: Rossendales at it again!

Post by Yurix10 » 14 May 2017 03:34

Damages route? What's that?

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Schedule 12
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#6 Re: Rossendales at it again!

Post by Schedule 12 » 14 May 2017 09:52

If a Bailiff breaches any part of Schedule 12 of the Tribunals Courts and Enforcement Act 2007, you can sue for damages by making a claim under Paragraph 66 of Schedule 12.

This article gives a summary of the procedure for bringing a claim in the small claims court.

In your case the Bailiff breaches Paragraph 7.1 and he must show he recorded the time the Notice was given under Paragraph 7.3
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Yurix10
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#7 Re: Rossendales at it again!

Post by Yurix10 » 14 Jun 2017 02:42

Quick update for you all, the after disputing the debt and requesting they look into it nothing has been done, after asking to be referred to someone higher up and being told 'no one is available' and after requesting several call backs and leaving an alternate number just in case I'm asleep (I work nights) the council have not done a damned thing. I also briefly spoke to a Rosendale's lackey after they posted 3 letters through my door in the space of a week and a half, telling them I will only deal directly with the council. Rosendale's have posted another letter saying they are going to take me to court for 'willfully refusing to pay'

Part if me is scared shitless about this and the other parts are hoping they do, because I have a letter from last years issue in which the council admitted wrongdoing. So I can argue in court that everything I mentioned in my complaint letters has been admitted to and teeters on the maladministration/fraud as Welk as several breaches of the local government act. And the taking control of goods act. My argument is two supposedly professional entities with years of experience and good standing abusing their power and refusing to investigate simple disputes, I would argue bullying, attempting to coerce payments through fraudulent means, possibly fraud by false representation, incompetence several times over.

I dunno what to do at the minute. Any advice how to approach this? Should I just throw this into a complaint to the local government ombudsman or file another official complaint with the council? Or just wait til they take ne to court and throw all this out there?

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#8 Re: Rossendales at it again!

Post by Schedule 12 » 14 Jun 2017 21:24

Yurix10 wrote:
14 Jun 2017 02:42
thing. I also briefly spoke to a Rosendale's lackey after they posted 3 letters through my door in the space of a week and a half, telling them I will only deal directly with the council. Rosendale's have posted another letter saying they are going to take me to court for 'willfully refusing to pay'
Rossendales does not have locus standi to bring a committal proceeding for non-payment of council tax.


Part if me is scared shitless about this and the other parts are hoping they do, because I have a letter from last years issue in which the council admitted wrongdoing. So I can argue in court that everything I mentioned in my complaint letters has been admitted to and teeters on the maladministration/fraud as Welk as several breaches of the local government act.
You can, and you can ask the magistrate to quash the liability order if you can show none is owed or the liability order was obtained in error. Always ask for a "defendant's costs order".

And the taking control of goods act. My argument is two supposedly professional entities with years of experience and good standing abusing their power and refusing to investigate simple disputes, I would argue bullying, attempting to coerce payments through fraudulent means, possibly fraud by false representation, incompetence several times over.

I dunno what to do at the minute. Any advice how to approach this? Should I just throw this into a complaint to the local government ombudsman or file another official complaint with the council? Or just wait til they take ne to court and throw all this out there?
Either of those options is open to you.
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Author: dealingwithbailiffs.co.uk

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