Bailiffs are on their way and Im not sure what to do!

[mumisskint]

Hi,

I havent had any money to pay my Council Tax having been made redundant in March. I found out last week I need to claim council tax benefit but that can take up to 10 weeks to process.

 

So I had a letter last week from Ross and Roberts saying I had to pay them £1300 for council tax. I wrote to them said I was totally broke, house was being repossessed (it is) and I had sold everything of any worth (i have) to feed my children. I offered them £70 a month, the first one I will pay on Tuesday when my child maintenance comes in (I will) until the council tax benefit is assessed. The lady on the council tax phone said I should get full relief.

 

Ross and Roberts told me they could accept arrangements on file but I would need to contact the bailiff and gave me his mobile number, which given its a weekend is off. I am expecting him then tomorrow morning.

 

Last year I had a parking ticket that went to the Bailiffs. They clamped my car at 5.30 am (I know this as they woke my neighbour who captured them on video on his phone) and then only would come back if I had the full sum for them. They came into the house and levied on my sons laptop and his wii and my partner, who has some mental health issues was on the verge of a total breakdown by the time they were done. I phoned the main office and complained and they dropped the fees.

 

I cant go through it again. With everything falling apart I am not on top of things but trying very hard.

Can they clamp my car in the road before they knock and up the fees to unclamp it? Are they supposed to take things that you / someone in the house uses for work? Should they have accepted the offer I made? What do I do next? I literally have no money, at all and no one to ask for any.

 

I am now at the point where I cant sleep and Im really scared.

[king100]

Evening

 

My suggestion would be, if you feel that the bailiff will be round tomorrow is go and park you car at least a 5 min walk from your house. Make sure that you keep all doors and windows shut and do not and I stress do not let the bailiff in your house. He will say all sorts of lies to try and get in.

 

If you need to speak to him, whether on the phone or in person always record the call or conversation, even better film him as most phones can record.

 

 

Again do not let him in, someone more knowledgeable will be around to help you with the finer points.

[mumisskint]

Awesome thank you - will go out and move the car now - am worried as they always come before school and my son who is 8 gets really upset as he thinks they will take our home and I will go to prison as that is what the last one told him would happen! I am picking up the Council Tax form tomorrow, can I ask the Council to take the warrant back as my partner has mental health issues, he is the person who is at home all day, while I try and find another job? We very obviously have nothing apart from the car, which is worth about £500 and the house...

[alfwithhair]

The bailiff can call at your house at any reasonable time to seize goods, but you do not have to let them in.

The bailiff cannot enter your house by force, but they can legally enter your property through open windows or unlocked doors, so make sure all your doors and windows are locked or closed!

Once the bailiff has been inside your house by entering peacefully, they can call again at a later date and enter your house without your permission, forcefully, to remove your goods.

When seizing goods the bailiff must leave the premises safe.

When in your house the bailiff has the right of access to all rooms and can force their way into other parts of the property.

[RaeUK]

Whoa! Have I got this right? You were made redundant and are, one assumes, unemployed? Your partner, who resides with you, has mental health issues? Is he unemployed also? You have a young child who is easily stressed?

Stop panicking. If the answer to all the above is 'yes' then you are part of a (very) vulnerable household. Do not enter into an agreement with the bailiff - what on earth makes you think you can afford £70 a go payments? In the unlikely event that a bailiff calls tomorrow, politely inform him / her of the situation and that the case should be referred back to the local council as uncollectable. They may huff and they may puff but only because they know they are not going to earn anything from you. They will probably lie also. Be firm. Go google National Standards for Enforcement Agents. Ross & Roberts have agreed to abide by these guidelines. They hope you don't know. Likewise the council.

It's late o'clock and I'm too tired to give a fuller response. I have made a note to log in tomorrow afternoon and will do better!

Take care, sleep well.

Oh, the bailiffs that called at 5.30, were recorded as such and dropped the case? That'll be because they know they are not allowed to work at that time in the morning ...

Rae

[dx100uk]

yep def vunerable

 

dx

[brassnecked]

If Ross and Robbers don't class this as vulnerable, and return it, they will be in for a bumpy ride, rest assured of that, mumisskint, you will be given the right silver bullets to fire at the bailiff and send him on his way.

 

Hide your car, lock the doors and windows. You do not have to let the bailiff in, he only wants to levy your goods to add fees. No levy and all he can add are first and second visit fees totalling £42.50

 

I would suggest you only speak to him through the letterbox, or from an upstairs window. Video him with a phone at least if you can, and never phone a bailiff unles you can record the call. tell him as Rae has suggested that one resident in the house has mental health issues you are on benefit, and therefore are vulnerable. Record this and the bailiff cannot prevent you from doing so nor is it illegal to film him

Edited July 18, 2011 by brassnecked

[mumisskint]

Well, they didnt come, I moved the car up the hill and round the corner and locked every door and window some of which havent locked for centuries!

Taking a look at the Code of Conduct I sent them an email saying that as I had let them know we were a vulnerable household they should send it back to the council particularly as they were members. Im going out to move the car again just to be on the safe side.

 

How do I take action against them? To say what they do is wrong? One of my partners big mental health things is throwing post away which causes complete havoc, more than it would do if he opened it in the first place... last year we must have had 6 or parking tickets and so 6 or so visits from R+R. To catalogue they :

- clamped the car every time they came BEFORE they knocked on the door putting the bill up by £120 every time, one morning they did it at 5:30am and woke up my neighbour who videoed them on his phone.

- to my 7 year old son : get your mummy now or else I'll take the car.

- they refused to leave when I was 9 months pregnant or unclamp the car despite the fact it was obvious I could hardly walk.

- they told me when I couldnt breath to go and get my inhaler, they'd be waiting - (half an hour later I was in resus)

- they got in as they talked my partner round at 7:30 am and got him to agree to a £300 a month repayment plan levied on my sons Wii despite us telling them it was his, which is not enough to cover the debt.

- I told them my partner could become volatile and was unpredictable when stressed so could we do it by phone and they refused, turning up with not one but two heavies.

- they never ever show a warrant, their license or a fee charging structure.

 

Is it possible to do something and you were wrong I'd like that car clamping fee back please...

[dx100uk]

there is something seriously wrong here, if, as portrayed, r+r have basically pulled this stunt several times

 

seems like they've had you for a soft touch again & again.

 

IT SHOULD NOT HAVE HAPPENED THE FIRST TIME.

 

pers i'd be writing to the CEO of the council your MP etc etc

 

there is a [very] vunerable person involved here, investigations should have been carried out each time, its not for you to tell them. [ but you should have]

 

time to get complaining. to anyone that will listen

 

and get some of that money back on the fees they've unlawfully got out of you.

 

have you not got a support group or something local that can help you do it?

 

dx

[tomtubby]

Like Equita Ltd, Ross & Roberts are owned by Capita.

 

It would appear that you would be classed as "vulnerable" according to the National Standards for Enforcement Agents and therefore, this matter MUST be brought to the attention of the LOCAL AUTHORITY.

[brassnecked]

What council is this? as some councils have outsourced their revenue back office to a company named Capita, (yes the same Capita that run TV Licensing for the BBC) who own bailiff companies like ross & Robbers and Equita, so you are not talikng to the council, when you phone them you are talking to Capita who will send a case to bailiffs as a firdt rather than last resort. You may need to escalate a formal complaint to the Head of revenues, Council CEO, Elected Leader, Councillor and MP.

 

Point out that the council are wholly responsible, and liable vicariously both jointly and severally for any misdeeds of their Agents Ross & robbers and if operation is outsourced Capita also.

[RaeUK]

Hi mums, my apologies, I try to keep up with this forum but ill health keeps snapping at my heels. With the best will in the world I want to help but - these days - often lose sight of where I've been and what I've posted. Doesn't make for a good advisor I'm afraid

Your post #8 is nice, it details your greivances. Use this as the basis for your letter of Formal Complaint to the CEO of the local authority copied to R&R.

Also use quotes from the National Standards to highlight and underline your complaint. Don't forget to include something like 'I am sure you are aware that your collecting agent, Ross & Roberts, are members of the Association of Civil Enforcement Agencies whose Code Of Practice (section2) explicitly insists that their members adhere completely to the National Standards for Enforcement Agents' etc etc but you get the picture. Basically, you Mr/Mrs/Ms CEO are responsible for your contractors not adhering to their own guidelines. Due to modern communications I always like to use hyperlinks to further info. i.e. to the ACEA Code of Practice, to any medical sites that offer info regarding your partners mental health issues, sites that detail stress and pregnancy etc. I don't expect the recipient to access these sites. They are there simply as a trap if they give you short shrift. They cannot deny you provided full info ...

Best wishes. Rae.

[brassnecked]

Rae has given some very useful advice here, and if possible ask your neighbour to put a copy of the video, which is prima-facie evidence of the bailiffs wrongdoing viz clamping at 5:30 am; on a usb pendrive for you. This is easy enough to do so long as there is a USB cable to connect the phone to a PC/Laptop.