Vunerable Status - Question.

[Corking]

Hi

 

I have an account with Ross and Roberts of Somerton, SOmerset.

 

I'm hopinhg I can answer my questions with anice big yes here lol... But hey I'm not that straight minded hence one of the reasons I'm asking them to consider me for this reason.

 

 

I got my first visit some time ago now. But I spoke to the council and they agreed that I would be considered Vunerable and so had the account returned to them and a payment plan put in place. This payment plan has been kept to however this morning I got another letter from Ross and Roberts.

 

 

I called them straight away and advised what the council had done. They looked through my account and found there had been contact from the council on the date I said however the council hadn't in email as per procedures asked for the case back.

 

So I got on the phone to the council. The person that made the decision is off until monday and because he knows the case he needs to resend the email anyone else would have to asses the case before sending the email across.

 

I phoned ross and roerts back to confirm this with them and to make sure tuesday was fine, and explained my reasons for wanting (or needing) this course of action. She said there's no way she could confirm what the people in the vans do so all I can do is get hold of him and hope he's feeling kind enough to wait until tuesday.

 

I've tried calling him 12 times so far today everytime straight through to answerring machine. (I've left 2 messages)

 

My reasons for asking to be consideed vunerable are.

 

 

1. I am registered as disabled,

2. I am under the care of the local mental health team for panic attacks, depression, and confusion. amounst others

3. I have been Ill for a long period and am not expected to make a timely recovery.

4. As such am dependant on government benefits to live.

 

 

 

 

 

I have wrote them a letter using one of the templates incase they do come back

 

 

Do they have to accept that I am in this possible. It's certantly NOT helping the mental health. It's the first time I've used the emergency number for the mental health team for a while now. Was just at a loss about what to do.

 

 

Thanks so much in advance for all you help!!!!!

Edited March 31, 2010 by Corking

[thewakers7]

hi corking what does the letter say from ross & roberts?

[thewakers7]

i no what ur going thru so dont panic have they been in your home and done a walking possession order?

[Corking]

Hi,

 

Thanks for taking the time to reply. I suppose thats kinda important isn't it Ooops

 

It says

 

REMOVAL NOTICE

 

As you have failed to contact our removal bailiff your case has now been passed to our removal enforcement department. the sum of is now required. You must contact the number below immediatly to avoid futher actions.

 

Full payment by card can be made over the telephone 24 hours a day on 08454524848

 

THE BAILIFF HAS THE RIGHT TO PEACEABLY ENTER YOUR PREMISES AND REMOVE GOODS - EVEN IN YOUR ABSENSE

[Corking]

No they have never been inside my house, the only time I saw them was a while back now when I saw a lady that was parked outside my house in her van when I got home. She gave me a letter and drove off. Today's visit I wasn't at home thankfully!!!

[thewakers7]

that helps have got a car?? im just trying to establish what they can do until u can verify what the council has done to bailiffs

[hallowitch]

the so called removal bailiff can do nothing he cant remove goods as he has no levy he cant add fees as he has no levy

 

i hope you don't have a car as he will be now looking for a levy

[Corking]

There is a car on my driveway, but it is not mine.

 

Mine is parked ont the road. Would be interesting see him take mine as it's the goverments not mine.

[thewakers7]

just for clarification the car on the driveway is this a friends/relatives? and the one u own is the governments? do u mean mobility?

[Corking]

Yes it's a mobility car in my name.

 

The car on the drive way is my wife's I suppose thats the same thing but she's not listed on any of the letters or liability order for some reason.

[thewakers7]

so ur CT is solely in ur name?

 

if thats the case they cant touch that or mobilty! nip out and display ur blue badge just for added clarification, they possibly would do a dvla check but thats not always the case, as long as you don not open the door to them (keep it locked) and there are no open windows then then cannot enter peacfully no matter what they threaten,

 

then take a deep breath and breathe there just adding to your stress and anxiety and exasterbating your condition

[Corking]

Thanks for your help. Relaxing a little now!

 

Yes the council tax is only in my name for some reason. Don't know why really but suppose could help here in some way ~?

[hallowitch]

Yes it's a mobility car in my name.

 

The car on the drive way is my wife's I suppose thats the same thing but she's not listed on any of the letters or liability order for some reason.

 

 

doesn't matter if she is listed on any letters or the liability order they can still levy her car unless its on finance

 

(4) A liability order may be made against one or more joint taxpayers in respect of an amount for which they are jointly and severally liable.

[hallowitch]

Joint and several liability: enforcement
54.—(1) This regulation has effect with respect to the application of regulations 33 to 53 to a sum for which persons are jointly and severally liable under Part V.
 
(2) In this regulation, "joint taxpayers" means two or more individuals who are jointly and severally liable to pay an amount in respect of council tax.
 
(3) A final notice served in accordance with regulation 33 on every person against whom the application for a liability order is to be made may be addressed to two or more joint taxpayers in joint names.
 
(4) A liability order may be made against one or more joint taxpayers in respect of an amount for which they are jointly and severally liable.
 
(5) Where a liability order has been made against two or more joint taxpayers, subject to paragraph (6)—

(a) an attachment of allowances order or an attachment of earnings order may be made against one of them, or different such orders may be made against more than one;

(b) a distress may be made against one or more of them; and

© a charging order may be made against one of them, or against more than one jointly, or different such orders may be made against more than one of them (as the circumstances require).


(6) Where a liability order has been made against two or more joint taxpayers in respect of an amount, steps by way of any method specified in paragraph (5)—

(a) may not be taken in respect of one of them while steps by way of that or another of those methods are being taken in respect of another of them; and

(b) may be taken in respect of one of them notwithstanding that no steps by way of that or another of those methods have been taken in respect of another of them.


(7) Where a distress has been made against two or more joint taxpayers in respect of an amount a warrant of commitment may, subject to paragraph (8), be applied for at any time against one of them or different warrants may be applied for against more than one of them: but no such application may be made in respect of any of them who has not attained the age of 18 years.

 

(8) Where a liability order has been made against two or more joint taxpayers in respect of an amount, a warrant of commitment may not be applied for unless—

(a) distress has been made against all of them; and

(b) the person making the distress reports to the authority that, in relation to each of them, he was unable (for whatever reason) to find any or sufficient goods.


(9) Where a liability order has been made against two or more joint taxpayers in respect of an amount, and a warrant of commitment is issued against (or a term of imprisonment is fixed in the case of) one of them under regulation 47(3), no steps, or no further steps, may be taken against any of them by way of attachment of allowances or earnings, distress, bankruptcy or charging in relation to the amount mentioned in regulation 47(4).

 

(10) Where a liability order has been made against two or more joint taxpayers in respect of an amount and in making distress against one of them goods jointly owned by both or all of them are found, distress may be levied against those goods with respect to that amount; but in any subsequent proceedings under regulation 47 (commitment), charges arising under Schedule 5 from such a distress shall be treated as charges relating to the person against whose goods the levy was intended to be made when the joint goods were found, and not as charges relating to the other or others.

 

(11) Where a liability order has been made against two or more joint taxpayers in respect of an amount, paragraph 2(2) of Schedule 5 shall have effect so that if a charge has arisen against one of them under head B of the Table in paragraph 1 of that Schedule as regards a levy in respect of it, no further charge may be aggregated for the purposes of regulation 45(2) under heads A or B in consequence of any subsequent levy or attempted levy against any of them in respect of that amount; and if a charge has arisen under head A against one of them, it shall be treated as a charge under that head with respect to the others as well as that one for the purposes of the calculation of any subsequent charge under heads A or B against any of them.

[Corking]

Thanks everyone for your help. I think I'll just hide till the council contact them on tuesday.... Not good but end result is the same. Guess just ave to hope about the wifes car.

[thewakers7]

no need to hide the only other option is a how much is the debt and how much ur wifes car is?

[Corking]

Sadly 2 thousand for the council tax and probably 500 for the car.

[High Court Enforcer]

You clearly fall into the 'vulnerable' category but I would get onto the council again and not let them fob you off. What happens when this guy goes on holiday for two weeks, does that department shut down!!??

 

Demand to speak to the manager, take nothing less.

[seanamarts]

I have to agree with HCE here ( think thats a first)

You have had an agreement with the council and you have not defaulted, there is no reason for the bailiffs to turn up. As HCE suggested get on to your council asap and demand to speak to the manager who is in charge of the person who set you up with the payment plan. I wouldnt bother talking to the bailiff or the company because you will end up in knots trying to get an answer thats coherent. As for the bailiff he will just say he is coming any way and that will put more pressure on you.

If they do turn up before you can get this sorted, dont let them in, you dont even have to open the door. or even talk to them. Have you any paperwork with a payment plan with the council agreeing to accept you payments, if you have, just shove that through the letter box at the bailiff if and when they turn up.

[RaeUK]

Duplicated my post somehow! **************************

Edited March 31, 2010 by RaeUK

[RaeUK]

Hi corking,

I'm late into the fray as usual!

I'm sure you've now drawn the conclusion that your being vulnerable is not a possibility but a fact. Welcome to the club.

The National Standards for Enforcement Agents are quite clear on this:

 

Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

 

Those who might be considered vulnerable include the following:

the elderly;

people with a disability;

the seriously ill;

the recently bereaved;

single parent families;

pregnant women;

unemployed people; and,

those who have obvious difficulty in understanding, speaking or reading English.

 

The Standards apply to the household not the individual.

 

To be honest, I don't think you have to worry. The council are aware of your limitations and have stated clearly they will take the case back. It is an administrative error on their part that this decision hasn't been actioned.

 

Whilst waiting for the council to remove their finger from its proverbial resting place, this is what I would do under the circumstances.

 

I would email Ross & Roberts with a brief outline of what has occured. Print a copy for yourself. Add to that copy some recent correspondence from the DLA, your Motability agreement and (probably) IB or ESA documentation. It doesn't matter too much what it is. It just mean you have your evidence to hand. IF Mr Bailiff calls before the council contact them then simply show him your evidence and wish him a nice day. There is nothing he can do. He is obliged to pass the case back to the council. The End.

 

That said, I appreciate you won't do this, but I'd actually let him in. Let him get excited. Then, over a nice cup of coffee, show him your evidence and ask him to close the door quietly on the way out. He knows any charges he tries to make won't be paid and if he's silly enough to levy anything he isn't going to be able to take them. The End. (Version 2)

 

Honestly, corking, please don't worry you hold every card. And the bailiff will know this. Any bluff or bluster to the contrary is just that and can safely be ignored.

 

As I said earlier, welcome to the club.

 

Best wishes

Rae.

 

 

NB: In my short experience in this forum, HCE ALWAYS stands up for and gives good advice regarding the obviously vulnerable.

[thewakers7]

rae lol let him in, let him get. excited im crying with laughter here thats really funny