Help taking Ross and Roberts to court

[charlottie]

hi

 

I am preparing to go to court on Monday to reclaim £1.355.50 from Ross and Roberts because of unreasonable fees and interest.

 

I have the paper work which they have sent me saying that under Section h they can charge £24.50 even though goods were not removed.

I keep reading that they cant charge that but then some people say they can but they cant charge you if they have already charged a wp and a levy.

 

I need some cold hard facts and legislation that i can show the judge.

 

I am also fighting the default fees off £175 which they claim come under sec c which i can only see that it covers man and a van costs not default fees please help i need to get my case straight and know what i am going to say

 

thank you

 

charlotte

[dx100uk]

was this prior to the changes in april this year

 

 

dx

[charlottie]

yes

 

they date back to 2010

 

charlotte

[tomtubby]

Charlotte,

 

In order to provide an accurate response can you provide the following:

 

Was the debt for council tax or a unpaid PCN (I am assuming council tax)

 

Was a 'levy' made upon goods and if so, when?

 

Was a walking possession signed?

 

Can you post back with a list of fees and most importantly, the dates on which fees had been applied.

 

Have you given R & R an opportunity to repay the fees that you consider are wrong?

 

Did you complain to the local authority?

[charlottie]

Hi

Yes the fee was for council tax

 

it was over four years and five different debts.

 

they did two levy's and walking possessions which i don't dispute, but one of the levy they didn't do and charged me for. they also consolidated three into one and charged me three levy's, three walking possessions and three sec h .

 

i do have it all ready and printed out with the fees i dispute but not sure if i could upload it onto here.

 

they have also charged me 4x £175 for Default fee. I am arguing that this is unreasonable

 

charlotte

[tomtubby]

Without knowing the fees actually charged it is very difficult indeed to advise. However, what I would say is that on the matter of charging 'multiple fee' this is not permitted at all and was the subject of a highly critical public report from the Local Government Ombudsman.

 

Since 6th April this year the fees that can be charged are so much more easy to understand and this is leading to an astonishing reduction in the level of complaints but unfortunately in your case the fees were difficult at best to understand.

 

One point that I would make from the little information that you have provided is that the previous legislation (and this one) do not permit for a 'default' charge and in reality, this fee would have almost certainly been an 'attending to remove' fee. However.....and this is important, a bailiff can only charge ONE ATR fee and if a 2nd one were charged to the same account this may ONLY be done in cases where goods were actually removed.

 

Has R & R offered to refund any of the fees to avoid a court hearing?

[HCEOs]

Just a word of warning, be very careful about what you actually claim for and ensure it is actual losses that you can substantiate and prove.

 

Claims made by litigants in person are often mostly without merit and the consequences can often be having costs awarded against them over and above whatever they originally claimed, even if they are partially successful.

 

Bailiff companies have been subject to claims for years and most have experienced lawyers that will tie you in knots and win.

 

My advice would be to do your research and set out your case to the bailiff company detailing what they have charged and why it is unlawful. Explain that you will have little choice but to issue a claim if settlement isn't reached within a reasonable time, say 14 days.

[elcordobez]

Dont take the bailiff to court then. Take the council to court.

[HCEOs]

The same still applies to taking a Council to court. In fact any litigation can have consequences if it's not done correctly.

 

Unfortunately there is lots of duff information on various other bailiff help forums so just ensure you take your time, do your research and set all your ducks in a row.

[elcordobez]

Wouldnt it be a matter to adding together the fees, subtract whats charged and reclaim the balance?

 

Cant see that needing lawyers to spin it out, or is there something more?

[HCEOs]

Technically yes, providing the OP knows exactly what can be charged and when.

 

They then have to follow pre-action protocols before issuing a claim.

 

Requesting the refund as I describe is sufficient to be seen as reasonable prior to issuing any claim that in the first instance has upfront costs and secondly could fail for some reason not yet known to us.

[elcordobez]

pre-action protocol is simple enough, its called an LBA or Letter Before Action.

 

Taking the council to court is logical because they are less inclined to vigourously defend a claim but if a Ross Roberts want to tool up then its at their expense.

 

Elsewhere on this website its unanimous advice to take banks to court but not bailiffs. why is that?

[Bailiff Advice]

There are not a lot of claims made about bailiff fees given that in the vast amount of cases the previous fee scale was subject to different 'interpretations' and many times courts would even be confused.

 

Thankfully the new fee scale has done away with any confusion and this has lead to complaints about bailiffs (previously known as Form 4 Complaints) almost drying up and cases about disputed fees almost none existent.

 

Unfortunately having the cost of issuing a court claim significantly increasing on 22nd April has naturally deterred many people from taking legal action in the courts.

[SabreSheep]

Just remember some court fees are refundable/part reduced or reducded to zero depending on the type of fee and your financial situation. (Im talking about fees to lodge court claims)

 

Look for court remission fees information

[charlottie]

Thanks every one wish me luck court is tomorrow i have all my charges and everything laid out proof of levies they have and haven't done, proof of default fees not sure how else to prepare

[Bailiff Advice]

Unfortunately it was difficult to advise on the fees as you were not able to post details of the claim or the defence put forward by R & R. If multiple fees had been applied you need to ensure that you take a copy of the LGO report that dealt with the matter of 'multiple fees'.

 

I am sure that I speak for all on here by wishing you well for tomorrow and please do post back with the outcome.

[Bailiff Advice]

Thanks every one wish me luck court is tomorrow i have all my charges and everything laid out proof of levies they have and haven't done, proof of default fees not sure how else to prepare

 

How did you get on in court?

[Bailiff Advice]

How did you get on in court?

 

Please do let us know the outcome as it could greatly assist others who may be seeking recovery of bailiff fees through the courts.