Seriously vulnerable family bullied for over 5hrs by bailiffs

[Annette1973]

The Skin pigmentation thing due to your liver problems?

 

I would suggest that with such a visual indicator of health problems, that it was also extremely clear to the Bailiff's the moment you opened the door, that you are unwell, and vulnerable. Maybe put this in the complaints.

 

I would consider contacting the press too, national as well as local. The Council and Ross and Robbers will not look very good, harrassing and intimidating something with severe medical problems, who's condition is obvious, lying to Police etc.

 

Hi there, I only spoke to them through the front door whilst it was on the chain at the beginning, however after about an hour and when the police arrived I did go outside and yes, I would say it was obvious how ill I was, I had to prop myself up between a walking stick and the gate. Eventually my husband brought me out a chair and sat me down in front of the door, I looked like I was on guard, I suppose it could have looked quite amusing actually 2 bailiffs trying to get round an invalid fighting them off with a walking stick.

[Annette1973]

Hi there, I only spoke to them through the front door whilst it was on the chain at the beginning, however after about an hour and when the police arrived I did go outside and yes, I would say it was obvious how ill I was, I had to prop myself up between a walking stick and the gate. Eventually my husband brought me out a chair and sat me down in front of the door, I looked like I was on guard, I suppose it could have looked quite amusing actually 2 bailiffs trying to get round an invalid fighting them off with a walking stick.

 

I have thought about going to the press but I didn't know if it would damage any legal action I wish to take.

[poollie1]

Fraud?? how do you work that one out?

 

Because the Lady states she has several illnessess, you can only claim JSA if you are able to work or you are actively seeking work...she should be claiming ESA...technically this is Fraud.... saying she is fit for work to claim JSA...knowing this is not true because she is unable to work because she is ill. She has also clarified in a later post it is her husband that claims JSA not her......So no Fraud committed...

Edited March 22, 2012 by poollie1

[Annette1973]

Because the Lady states she has several illnessess, you can only claim JSA if you are able to work or you are actively seeking work...she should be claiming ESA...tchnically this is fraud....

 

Guys, I can settle this dispute for you. I do not claim JSA, my husband does and he is actively seeking work.

[old bill]

Just a general comment, those with long-term and/or life-limiting/terminal illnesses are put onto ESA and can also claim DLA as well. You have to be fit to work in order to qualify for JSA. I am currently on ESA and in the process of claiming DLA due to a neurological disorder that has limited my mobility. Hope this clarifies matters.

[poollie1]

Guys, I can settle this dispute for you. I do not claim JSA, my husband does and he is actively seeking work.

 

Thanks Annette for that, look back on my post and I stated exactly that......

[poollie1]

Just a general comment, those with long-term and/or life-limiting/terminal illnesses are put onto ESA and can also claim DLA as well. You have to be fit to work in order to qualify for JSA. I am currently on ESA and in the process of claiming DLA due to a neurological disorder that has limited my mobility. Hope this clarifies matters.

 

This is what I have been trying to explain...... but you dont have to be ill to claim DLA, anyone working or not can claim DLA...

[old bill]

This is what I have been trying to explain...... but you dont have to be ill to claim DLA, anyone working or not can claim DLA...

 

The criteria for claiming DLA dictates that you cannot lead a normal everyday life, basically, because of a disability or illness, that means you need assistance to carry out basic tasks, e.g. getting washed, and/or your mobility is affected. DLA is made up of two elements - Care and Mobility. Claimants may be eligible for the Care or Mobility component or both. There is also another allowance called Disabled Working Allowance (DWA), which can be claimed by those who are able to work with their illness or disability.

[caledfwlch]

Because the Lady states she has several illnessess, you can only claim JSA if you are able to work or you are actively seeking work...she should be claiming ESA...technically this is Fraud.... saying she is fit for work to claim JSA...knowing this is not true because she is unable to work because she is ill. She has also clarified in a later post it is her husband that claims JSA not her......So no Fraud committed...

 

I am sorry that it is not fraud, technically or otherwise.

 

JSA is an agreement, failure to keep to it simply means you have broken the agreement and they sanction your money.

 

If it IS Fraud, then why are not all the people being sanctioned not also being prosecuted for fraud? Because you can only be sanctioned for breaking your JSA agreement.

[Annette1973]

Hey guys, I have finally caved in to the pressure of my health care team and family and am going to apply for DLA or DWA because as an IT specialist I can actually work a few hours a day from home. I have done this before by looking after peoples websites etc..... So I don't want to give up just yet, I still have skills to offer people and I guess I felt that if I applied for DLA I would be put on the scrap heap and I'm only 38. But you will a,l be happy to know that I will call them after my ECG tomorrow and get the forms sent out. Does anyone know if I can get help with the forms as sometimes I can get a little confused, husband tries to help but he's a hairdresser (joking btw, not all hairdressers are dim).

[caledfwlch]

Hey guys, I have finally caved in to the pressure of my health care team and family and am going to apply for DLA or DWA because as an IT specialist I can actually work a few hours a day from home. I have done this before by looking after peoples websites etc..... So I don't want to give up just yet, I still have skills to offer people and I guess I felt that if I applied for DLA I would be put on the scrap heap and I'm only 38. But you will a,l be happy to know that I will call them after my ECG tomorrow and get the forms sent out. Does anyone know if I can get help with the forms as sometimes I can get a little confused, husband tries to help but he's a hairdresser (joking btw, not all hairdressers are dim).

 

Contact your local CAB Office, they often have advisor's/volunteers who are experienced in filling the claim forms in and will help you.

 

Have you considered trying for ESA at all?

[Duncan1970]

Contact your local CAB Office, they often have advisor's/volunteers who are experienced in filling the claim forms in and will help you.

 

Have you considered trying for ESA at all?

 

Sorry, I don't know what ESA is.

[caledfwlch]

Sorry, I don't know what ESA is.

 

Employment & Support Allowance. It's the sickness benefit, for when your too ill to work or jobhunt.

[Annette1973]

Ah, wasn't this once called incapacity benefit, that seems to ring a bell.

[old bill]

Ah, wasn't this once called incapacity benefit, that seems to ring a bell.

 

Incapacity Benefit is still about, but the criteria has changed. ESA is what used to be called Sickness Benefit. From what I have read, you should apply for ESA if you have not already done so and, possibly, Disabled Living Allowance (DLA) as well. Contact DWP and discuss this with them. My experience of them with my illness is that they are very helpful.

[Annette1973]

Incapacity Benefit is still about, but the criteria has changed. ESA is what used to be called Sickness Benefit. From what I have read, you should apply for ESA if you have not already done so and, possibly, Disabled Living Allowance (DLA) as well. Contact DWP and discuss this with them. My experience of them with my illness is that they are very helpful.

Thanks for that, all this benefits stuff is so confusing. Everything is forms, forms and more forms.

[old bill]

Thanks for that, all this benefits stuff is so confusing. Everything is forms, forms and more forms.

 

LOL! Tell me about it! I'm in the process of filling in forms for DLA and to update DWP on my illness, which seems to be getting worse. Take it a bit at a time - that's what I do - and you'll get in done. Just make sure the forms are returned by the date DWP ask. You can always ask CAB to help you complete them, as Caledfwlch recommends.

[ploddertom]

To make progress you will need to contact either your local Council or CAB and ask if they have a Welfare Rights Adviser, they can help you with any Benefits you may be due to and can help fill the forms in correctly.

 

PT

[seanamarts]

When filling in forms, always make a copy of them, especially for DLA. Believe me you will be glad you did.

[Annette1973]

Thanks guys, I feel this benefit stuff is gonna be a minefield, still I'm sure once the ball is rolling, it will get easier.

[tomtubby]

As many people on here are aware, I have a commercial business ( which I do not advertise) and I am very PASSIONATE on the subject of vulnerability and this is borne out by my critical comments in a recent Newsletter for CAG regarding the National Standards for Enforcement Agents and the frankly inadequate slight changes that were made by MOJ in January . These changes were supported by a Press Release ( on Friday 13th Jan!!) from MOJ that the Standards had been updated to:

 

"protect vulnerable debtors from aggressive bailiffs".

 

What is clear from Annette's post is that the National Standards have failed to protect her and furthermore, appear to have been completely ignored by the bailiff company. Am I surprised....NO.

 

Until 2 years ago, you would NEVER see a critical post on here concerning Ross & Roberts and they were regarding as a well run company that specialised in bailiff enforcement in the South West of the country etc. This position changed 2 years ago when the company was sold to CAPITA Ltd. You only have to look at the MANY treads on here concerning Capita Ltd / Equita and Ross & Roberts to see what concerns have been raised (both Equita and Ross & Roberts are owned by Capita Ltd and Capita just happen to be "back office" provider to many local authorities.

 

It is clear beyond any doubt at all that Annette is "vulnerable" and I am lost for answers as to why these 2 bailiffs refused the leave the property. Surely they must have had many other accounts to pursue!! Or maybe not.....

 

All local authorities are WHOLLY RESPONSIBLE for the ACTS AND OMISSIONS of THEIR AGENTS and it is for this reason, that a carefully worded FORMAL COMPLAINT must be sent to the Chief Executive of the relevant local authority and "help and assistance" is being given to her with this !!!! ( no names given).

 

I suggested to Annette that she should consider posting details of her awful experience here on CAG and I know that she is delighted at the amazing response that she has received from everyone here. Well done to you all and a superb credit to Consumer Action Group for this amazing forum.

 

It is tiresome to keep hearing the constant rhetoric from bailiff companies that debtors are "REFUSING TO PAY".As this post has confirmed, serious illness can have a devastating impact on a families financial position.

 

Enough for tonight.......

 

PS: Great response from "newcomers" Old Bill and Jim Jim.

 

Ooops....Jim Jim, your "background" info on R & R is most interesting!!!!

[RaeUK]

Annette1973, in case you are not aware, there is a good benefits forum on CAG. You can find it here ...

[brassnecked]

Hi Rae yes Annette1973, will get the help needed to navigate the benefit minefield on there. it is appalling that every debtor is seen as a won't pay. You cannot get money from nowhere, even if bailiffs have no compunction in leaving a vulnerable family with children without food heat and light, for the remainder of a fortnight as they forced them to hand over their entire benefit payment, or minimum wage after tax, for their debt. then land them with fees on top,

[Annette1973]

Hi Rae yes Annette1973, will get the help needed to navigate the benefit minefield on there. it is appalling that every debtor is seen as a won't pay. You cannot get money from nowhere, even if bailiffs have no compunction in leaving a vulnerable family with children without food heat and light, for the remainder of a fortnight as they forced them to hand over their entire benefit payment, or minimum wage after tax, for their debt. then land them with fees on top,

 

So true, something needs to be done, trust me mine is not the only horror story I've heard.

[Annette1973]

I have read about many bailiff incidents on here and around the www. It seems to me that the main issue for complaint is the total disregard for human rights these creatures portray and their totally illegal actions such as, misrepresentation of their powers. The fear factor for most is that the bailiffs will force entry into their property and seize goods. These concerns coerce people into making snap decisions which could result in them incurring a lot more debt, for intstance, they may borrow the money from a high interest loan company etc...

 

I have heard that many countries no longer have bailiffs and have outlawed them due to their dubious behaviour, especially when dealing with vulnerable members of the public, however, I really do not believe that our government has any plans in the near or distant future to rid us of these parasites.

 

Sometimes, the braver among us, make themselves heard when a bailiff acts in an illegal/unlawful way against them. I'm no expert but I wonder how many of these complaints are taken seriously by the powers that be?

 

After the episode on Tuesday, I have realised that more often than not, the police and others in authority are taken advantage of by the bailiffs and coaxed into believing that whatever these slippery suckers tells them is true, for instance the first police constable to visit us on Tuesday actually said to me "they are bailiffs, why would they lie?". I bless his naievity.

 

The bailiffs and their scummy bottom feeder superiors are scared of one thing - a person who knows their rights. These people are the bailiffs version of the Bogeyman. Sadly, I believe that most people still do not know that they do not have to let the bailiffs in to their home, just read the debt forum foe evidence of this.

 

As our wonderful government have not yet outlawed these imbecile robots, I believe that, in order for them to become powerless is to make sure you know your rights and are not afraid to exercise them. Please do note, however, that the more you scare them by not allowing them access to your property, the more they will up the ante and throw a temper tantrum any 2 year old would be proud of.

 

Now, with a lot of people being in such a terrible financial state, bailiff action is becoming more and more common and, as a result of what happened to me and my family on Tuesday, I really want to try and figure out a way to better educate the public about the powers that the bailiffs do or do not have, I think it will encourage people to defend themselves and their property and, if enough people do it the bailiff companies will get no joy and they will soon start disappearing, as if no one allows them into their homes to levy and no one pays them then there will be no demand for them and they will just die (hopefully) off, bye bye bailiffs.

 

I am also of the opinion that most bailiffs will try and use every threat and scare tactic in the book, legal or not, to squeeze every last penny out of the debtor and it is often not about who is right or wrong it just boils down to one thing - WHO BLINKS FIRST!

 

Rant over.

Edited March 23, 2012 by Annette1973