Ross and Roberts seizure notice

[breeze1996]

I walked out of my door to be met by a Ross and Roberts agent.

 

He says I owe the council £145.34

l

Not I have an invoice for £124.34 arrears

levy fee £ 26

Statutary walking possession notice £12.00

1st visit £ 24.50

2nd visit £18.00

Total £204.84

 

and he has listed my next door neighbours cars as chattels that have been impounded...

 

If I go in tomorrow and pay the council what I still owe them can anyone tell me if i will owe him anything?

[impecunious]

Hiya

 

First thoughts on your postiing!

 

If the bailiff levied on your neighbour's vehicle, then the levy is invalid. You should inform the bailiff company and the council in writing. An invalid levy also invalidates the levy fee and this should be cancelled. A simple DVLA check would inform the bailiff that the vehicle does not belong to you. It is unlawful for the bailiff to seize that vehicle before completing a check although he can "assume" that the vehicle is yours - wrongly of course! Onus is on the owner of the vehicle to prove ownership. If the bailiff does seize the vehicle, the owner can claim compensation, reimbursement for any damage, hire vehicle if necessary, etc.

 

I would find out how much the liability order is for. I believe, if you pay the council immediately, that the bailiff can only then charge for 1st visit fee - £24.50.

 

Pay the council online - you'll then have a receipt. Don't bother phoning the bailiff, keep everything in writing.

 

Meanwhile, keep your windows and doors locked and if you have a vehicle, move it well away from your property. Might also be prudent to move anything of value from your garden etc and lock it away.

 

Bailiffs aren't very bright. With the support and advice of fellow CAGgers, you're in good hands.

 

Best of luck!

 

 

Impecunious!

[breeze1996]

I will be walking into the council with cash tomorrow morning SO that i know it has been paid in full and can check what else I need to pay. The bloke is cross because I keep paying the council not them, so they get no fees from me, hence why he is like this. I have been charged for this bill included in another total amount but have never paid them any fees.

 

If it says 3 days does that mean he won't be back before then?

[impecunious]

Bailiffs aren't reknown for keeping their word!!

 

I believe that even if you pay the council directly you will still be liable for the 1st visit fee. Of course, whether you wish to pay that or not is your decision.

 

I believe that the council may pay the bailiffs direct for your 1st visit fee of £24.50 -- I know your invoice was for 1st and 2nd visit fees + unlawful levy etc. In which case, your full liability won't have been satisfied and the bailiffs will still pursue you.

 

I hope someone else can clarify for you.

 

Impecunious!

 

P.S. If you go in person, the council will probably tell you to deal with the bailiffs - that's why paying online is preferable.

[breeze1996]

mine just take the account number and payment on the account, then they inform the bayliff it has been paid.

 

So what do I do pay the council extra? as I read that once the council have been paid in full the Bayliff have to get their fees from the council not me, Is this correct?

[impecunious]

I should imagine that as the bailiffs have already visited you - 1st visit - they are entitled to their fees. (Obviously not the invalid levy fee or thet 2nd visit fee but you will have to notify them of your objections.)

 

I believe the council will pay the bailiffs from the money you pay in - therefore your full liability won't be satisfied.

 

It's all a nonsense really but needs must!

 

 

Impecunious!

[breeze1996]

I should imagine that as the bailiffs have already visited you - 1st visit - they are entitled to their fees. (Obviously not the invalid levy fee or thet 2nd visit fee but you will have to notify them of your objections.)

 

I have a second letter in with the first saying he was charging for a default removal notice £110 this is now not included in the £204.84 notice of seizure of goods and inventory.

 

I believe the council will pay the bailiffs from the money you pay in - therefore your full liability won't be satisfied.

 

Sorry if I pay the council the £24.50 first visit free do I still owe all the others? and I never signed anything so can he charge walking leve?

It's all a nonsense really but needs must!

 

 

Impecunious!

 

Thanks

[seanamarts]

If the bailiff has only visited the once then all you owe is the first visit fee. It is an invalid levy so he cannot charge for this. you need to inform the council in writing that the bailiff levied on a car that is not yours. Pay the council what you owe them plus the first visit fee. I would then write to the bailiff company stating monies have been paid in full plus the fee of the first and only visit that was made. by the way they cannot charge for a levy fee and a visit fee on the first visit, they can only charge one or the other. I would email them as well as writing to them.

[breeze1996]

That's what I thought, have looked around and will do as you say and get this noted by the council when I pay in the morning. If you could have seen him he was really cross and shouting I had to pay and had no choice, he never normally gets to see me, so I think the fact that I locked him out while i got some shoes and then just walked to school when he thought I was going to drive the car away, made him so cross.

 

By the way does he still get paid if all the extra fees he keeps adding on never get paid?

[seanamarts]

How many times has this bailiff been to you?

[breeze1996]

He seems to pop up once every few months I was paying it at £50 a month to the company but missed a payment by 2 days and he turned up. Got a letter saying he would charge so as I had sent a cheque which they returned the day after he visited they reset it up, then due to a bank holiday delaying my tax credits he turned up again, never seen him before, so went and paid the outstanding of the £345 he said I owed so he had to cancel the £110 fees he tried to charge last time. This time as I opened the door to get my daughter from school he was just about to knock, he phoned the council who Said i still owe £145 so I said I would pay it tomorrow he got cross and said I'm going to leve your car, I just walked off.

 

Then he just have put the letter through the door, so not sure if it was a first visit on a new amount they were trying to collect or monies still owed from the last one, anyway I am going to pay tomorrow. As I said the car isn;t mine it belongs to next door so will pay and also have his letter forwarded too the Chief Exect at the council as I know he was only doing it to be spiteful, because i wasn't scared of him.

[ploddertom]

I walked out of my door to be met by a Ross and Roberts agent.

 

He says I owe the council £145.34

He says - never believe what he says - contact the Council and find out how much your original Liability Order was for and how much is still outstanding

 

l

Not I have an invoice for £124.34 arrears

levy fee £ 26

Statutary walking possession notice £12.00

 

Did you sign the WPA - if not he can't charge the fee?

 

1st visit £ 24.50

2nd visit £18.00

Total £204.84

 

At which stage was the levy made - 1st or 2nd visit or done at a later date to these?

 

and he has listed my next door neighbours cars as chattels that have been impounded...

 

If I go in tomorrow and pay the council what I still owe them can anyone tell me if i will owe him anything?

 

PT

[tomtubby]

He seems to pop up once every few months I was paying it at £50 a month to the company but missed a payment by 2 days and he turned up. Got a letter saying he would charge so as I had sent a cheque which they returned the day after he visited they reset it up, then due to a bank holiday delaying my tax credits he turned up again, never seen him before, so went and paid the outstanding of the £345 he said I owed so he had to cancel the £110 fees he tried to charge last time. This time as I opened the door to get my daughter from school he was just about to knock, he phoned the council who Said i still owe £145 so I said I would pay it tomorrow he got cross and said I'm going to leve your car, I just walked off.

 

Then he just have put the letter through the door, so not sure if it was a first visit on a new amount they were trying to collect or monies still owed from the last one, anyway I am going to pay tomorrow. As I said the car isn;t mine it belongs to next door so will pay and also have his letter forwarded too the Chief Exect at the council as I know he was only doing it to be spiteful, because i wasn't scared of him.

 

 

The matter of a bailiff levying upon a car that is not owned by you is the subject of a recent article by the Senior Investigation Officer at the Local Government Ombudsman. See the link below to a sticky that I posted here on CAG a week ago.

 

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/262730-has-bailiff-levied-upon.html

 

You should print a copy and send with your FORMAL COMPLAINT to the CHIEF EXECUTIVE of your local authority.

 

When you visit tomorrow you will need to pay either £24.50 or £42.50 for two visits for "attending to levy (where no levy was made).

[breeze1996]

On the back it says my bill was £145.00 which I thought was the £124.50 plus the 1st leve £24.5 so you say pay that. to clear the council bill.

 

If I still owe them fees of £18.50 for a second visit that is their fees on top can they charge me to collect their own fees?

[tomtubby]

On the back it says my bill was £145.00 which I thought was the £124.50 plus the 1st leve £24.5 so you say pay that. to clear the council bill.

 

If I still owe them fees of £18.50 for a second visit that is their fees on top can they charge me to collect their own fees?

 

Point taken. Wait until you are at the council offices and let them tell you the amount of the Liability Order. Most local authorities also have online access to their enforcement companies computer system so that they can confirm what visits have been made and the relevant charges.

[breeze1996]

Point taken. Wait until you are at the council offices and let them tell you the amount of the Liability Order. Most local authorities also have online access to their enforcement companies computer system so that they can confirm what visits have been made and the relevant charges.

 

They keep that info quiet..

[sewingkit]

can they charge me to collect their own fees?

 

As far as I can see what happens is: If for example you owe £250 to the council and you give the bailiff £250. they allocate the money to the fees IN TOTAL first then what ever remains they send to council, they take their money first (as per the contract I guess).

 

and/or

 

If you give the council the £250 I "presume" they are obliged to give the bailiff what is due then keep the rest (and then come back to you and ask for any that is outstanding or use the bailiff again, ad infinitum, more fees possibly, etc.

 

I have two computer screen print outs from Ross and Roberts showing this. I gave them £300 quid or and they only gave council £60, ridiculous! (from a council collection perspective)

 

Hope it helps,

Sew

[breeze1996]

Been in and paid £145 over the counter as cash, and now Ross and Roberts can do what ever they like as I owe them nothing. Got it confirmed by the council who told the bayliff off for what he did.

 

Thanks for your help Guys and Gals

[hallowitch]

WELL DONE another good result

[ploddertom]

Magic

 

PT

[seanamarts]

brilliant job done

[RaeUK]

Good to hear.

Best wishes

Rae