Ross and Roberts Help

[b1gr1chy]

Hi, I hope somebody can help me out.

 

A few years back I developed clinical depression with a side order of anxiety and after losing my job I stupidly ignored bills including rent and council tax. I am in a strange position in that my Housing Benefit is provided by Portsmouth City Council, and my Council Tax Benefit is through Havant Borough Council.

 

 

PCC were really good and came to an arrangement for the arrears which I am sticking to and are nearly clear. HBC, however refused my offers of payment and took me to court in my absence, obtaining an order which garnished my benefits.

 

 

The slightly complicated part is that the arrears owed were over two financial years, and they could only take payments on one arrears account at a time. It seems that now the first amount is paid off they are pursuing me separately for the second arrears, amounting to £165.11.

 

This is conjecture on my part, as the first I heard of this was when an arrears notice was posted through my door yesterday with an added first visit charge of £24.50 from the good people at Ross and Roberts.

 

 

After receiving this, I did some research about bailiff powers online and have the following concerns and queries.

 

 

Can a bailiff attend my property without first sending me a demand for the arrears? - Unfortunately previous paperwork from the original debt has been lost, though there was bailiff correspondence at the time, would this be grounds for springing the visit on me with no warning four or five years after the original trouble which was settled when the garnishing of my benefits was ordered?

 

 

Do they have to give notice of a visit? - They gave no notice. Also I believe they used a well known [problem] of posting the letter without knocking in order to generate a second visit and extra fees.

 

I have no wish to deal with this company. I phoned their bailiff, a charmer by the name of A. Russell-Smith telling him that I had cause to believe that the arrears were being garnished from my benefits and that I was disputing their action, to which he replied that I owed the money, pay up. I then told him that as far as I was aware, he had no right to visit without first giving me notice of an enforcement visit.

 

He said that was not the case, and he could come any time he wished. I replied that I had read the advice on the YouGov site, and this was not the case. He said it was. I then told him that I was on ESA for anxiety and depression, and that I wished to be treated as a vulnerable debtor, to which he just snorted.

 

Unfortunately, I then lost my temper and told him to p**s off and put the phone down. He then rang me back and I refused the call, but he persisted. Ao I answered, saying that he was harassing me and that I would be complaining, told him to p**s off again and blocked his phone number.

 

So that's the situation, and I need advice. I should state that I freely admit liability of the debt and wish to repay it, but to the council, so is there any way I can get this debt back to them to make repayments without them making crippling demands.

 

Sorry if it's a bit complicated and long-winded, but I really need some advice. I am sitting in dread waiting for them to come back and harass me, and just want this nightmare over. Thanks.

Edited May 17, 2012 by citizenB
formatted for easier reading

[unclebulgaria67]

Contact Havant Borough Council about this and ask for their help. Explain about any health issues that make you vulnerable.

 

Sounds like HBC have obtained a liability order on a mass list. The councils are basically issuing these on behalf of magistrates courts and just getting the list rubber stamped. Often people on the list, have no idea that they have been taken to court.

 

If you don't get the help you need from HBC, book an urgent appointment at your nearest Citizens Advice bureau.

[b1gr1chy]

Hi thanks for replying.

 

HBC finally got back to me after I rang and complained. They originally said that they had sent me a letter to say that the payments from the DWP had stopped, that they had then sent me a letter which I had ignored so they had instructed the bailiffs to commence action.

 

I disputed this, I have received nothing from them so they dug a little deeper and said that actually the payments had been made as usual, and they didn't know why I had been contacted.

 

Naturally I'm delighted that this is the case, and that they have instructed these parasites to desist. However I'm utterly peed off to be treated like this and after complaining strongly, I received a half hearted apology which I told them they could stick where the sun doesn't shine. So they are now sending me a letter saying that I am not behind on these payments and that they have called the account back from the bailiffs.

 

And these morons claim to govern us?

[wonkeydonkey]

This is indeed a classic example for the CEO of the Council to be sent a Formal Complaint..I would further that by sending a copy to your MP along with the letter that says 'oops made a mistake' There must be thousands of people receiving the same treatment as you have experienced and it begs the question how many of these poor souls have simply paid up to bailiffs without question? Here is your chance to make HBC aware they do not run a proficient ship and never will do with Capita/aka Equita /aka Ross and Robbers at the helm.

 

WD

[ploddertom]

And how much are they offering for the stress & upset caused?

[b1gr1chy]

I shall certainly make an appointment to see my local councillor, not so much to try and gain compensation, but so that they can revise their working practices.

I am still fuming mad as my girlfriend sometimes feeds my cat and there's no way I want her to come into my flat and find a letter from a bailiff that wasn't even in an envelope. Or even worse, to let one of these people into my flat, because once they're in they can come in anytime, and though I was safe on this occasion from this experience of their working practices the thought fills me with outrage.

[seanamarts]

There is definitely a cause to complain, yet again another mistake from a council, again putting a person under undue stress. Take your complaint as high as it will go. we can help advise as and when.

keep us informed.