Bullied by Ross and Roberts bailiff

[cazindevon]

Re: Bullied by Ross and Roberts bailiff

Do you think he might try and levy my other car? Even though he is coming to remove the one he levied ages ago? If he thinks the car he levied is in a locked garage, can he break in to find out?

[bluebottle]

Re: Bullied by Ross and Roberts bailiff

It would be wise to attend your local police station asap and ask to speak to a warranted/sworn police officer, not a PCSO or the civilian support staff on the front desk. Explain to them what has happened and take a copy of the document CC has kindly provided you with. Failing this, ring 101 and ask to speak to a warranted/sworn police officer. My gut-feeling is that the manner in which the moron seized the car is Forcible Seizure, due to the fact that coercion was used and, as such, would require a court order. The LO does not permit such actions. If Ploddertom is viewing this thread, I am sure he will be the first to correct me if my gut-feeling is wrong.

[ploddertom]

Re: Bullied by Ross and Roberts bailiff

He has had his chance with his levy and made a b***s up with it. Unfortunately I don't think he can be accused of seizing goods "forcibly", after all it is only your word against his in the manner it was done. I would be inclined to park your other car well out of the way, if the vehicle is an unlocked but closed garage then he may open the door whereas if the garage is locked securely then he may not force entry.

Have you spoken to your local Councillor(s) about all this? In my view they are contactable 7 days per week up until 9pm & best done by phone. If you do then direct them here to see for themselves what is going on. If met by refusal or reluctance then go straight to the Leader of the Council & his opposite number.

I still have a gut feeling that when they already have 2 AoE then any other enforcement is barred but I can't remeber where I saw it.

[bluebottle]

Re: Bullied by Ross and Roberts bailiff

He has had his chance with his levy and made a b***s up with it. Unfortunately I don't think he can be accused of seizing goods "forcibly", after all it is only your word against his in the manner it was done. I would be inclined to park your other car well out of the way, if the vehicle is an unlocked but closed garage then he may open the door whereas if the garage is locked securely then he may not force entry.

Have you spoken to your local Councillor(s) about all this? In my view they are contactable 7 days per week up until 9pm & best done by phone. If you do then direct them here to see for themselves what is going on. If met by refusal or reluctance then go straight to the Leader of the Council & his opposite number.

I still have a gut feeling that when they already have 2 AoE then any other enforcement is barred but I can't remeber where I saw it.

I checked the Council Tax (Administration & Enforcement) Regs 1992 (as amended) yesterday, PT, and could find no reference to the number of AoE Orders an LA can have going in respect of CT. However, you cannot subject a person to two different forms of enforcement for the same matter at the same time. For example, you could not have someone subject to an AoE and distress at the same time for the same CT arrears. That would be totally illegal.

[cazindevon]

Re: Bullied by Ross and Roberts bailiff

Well, tomorrow will be a busy day!
We are going to CAB first thing in the morning with all the paperwork we can find.
We have emailed our DC and asked him for assistance.
The bailiff said he was coming in the afternoon! I don't believe him!
There will be my son's vehicle parked across our gateway at such an angle that he will not be able to obstruct or enter with his van.
The garage where he assumes the car he wants is, will be padlocked securely and my dogs will be on their chains outside. I will put a Guard dog notice on the gate to warn them.
I would very much like to be able to record what happens and if I do, I will share!

[CleverClogs]

Re: Bullied by Ross and Roberts bailiff

Poor dogs!

[bluebottle]

Re: Bullied by Ross and Roberts bailiff

Are their anti-rabies jabs up to date? I'm thinking of the dogs, not the bailiff. :biggrin1:

[cazindevon]

Re: Bullied by Ross and Roberts bailiff

Well what a disappointing day! The CAB were about as useful as a chocolate fireguard. Their bailiff expert advised that we get the car back and that we round up as much cash as we can to give to him! That we had broken the law by getting rid of it! They did not seem to grasp the fact that any cash handed over would go straight into the bailiffs pocket and we would still be in the same situation with the council tax debt. They were unable to advise us how to go about getting the AOE reduced because it is causing extreme hardship and inability to keep up to date with current council tax.
Then, guess what!! Bailiff didn't show up!! Nope! Nowhere to be seen! We had parked a car across the driveway preventing obstruction and if anyone had tried to climb over the car, the alarm was set to go off!!
Didn't feed the dogs!! Totally stood up!

[bizzybob]

Re: Bullied by Ross and Roberts bailiff

They may turn up early doors armed with a clamp.....have you cctv?

[bluebottle]

Re: Bullied by Ross and Roberts bailiff

Well what a disappointing day! The CAB were about as useful as a chocolate fireguard. Their bailiff expert advised that we get the car back and that we round up as much cash as we can to give to him! That we had broken the law by getting rid of it! They did not seem to grasp the fact that any cash handed over would go straight into the bailiffs pocket and we would still be in the same situation with the council tax debt. They were unable to advise us how to go about getting the AOE reduced because it is causing extreme hardship and inability to keep up to date with current council tax.
Then, guess what!! Bailiff didn't show up!! Nope! Nowhere to be seen! We had parked a car across the driveway preventing obstruction and if anyone had tried to climb over the car, the alarm was set to go off!!
Didn't feed the dogs!! Totally stood up!

CAB's so-called bailiff experts, from what I've read in posts from LBers who have been to CAB, are woefully ill-informed as to the law on distress and related matters. If they cannot get it right, they should not dish out the advice in the first place. If they give out duff advice and someone suffers loss as a result, CAB are going to get sued.

[bizzybob]

Re: Bullied by Ross and Roberts bailiff

CAB's so-called bailiff experts, from what I've read in posts from LBers who have been to CAB, are woefully ill-informed as to the law on distress and related matters. If they cannot get it right, they should not dish out the advice in the first place. If they give out duff advice and someone suffers loss as a result, CAB are going to get sued.

They are as much in awe of the omnipotent (not) bailiff as the police are, they rely on a central system, and i feel it is one of capitulation to and appeasement of the bully in the case of bailiffs.

[cazindevon]

Re: Bullied by Ross and Roberts bailiff

No we don't have cctv but the car he listed is not here. Only my son's car and one which is registered to another keeper.
To make matters even worse, Marsdons turned up with a final notice demanding 300quid for an outstanding magistrates court fine that my partner received a couple of years ago. The bailiff said on the letter that he would be returning after 7pm today [he posted the letter at 17.10] but he has not come yet.
I am also fearing this ******* because from what I can gather, he can force entry and our 6yr old son is on school holiday so he will be home if the bailiff does force entry! I do not want this to happen. There is nothing in the house worth anything.
The initial fine was paid in full but only after the distress warrant was issued. None of the £85 bailiff fee was paid. Only the original outstanding amount.

[CleverClogs]

Re: Bullied by Ross and Roberts bailiff

If the fine was imposed two years ago, is that warrant still valid?

They expire after 180 days.

[bizzybob]

Re: Bullied by Ross and Roberts bailiff

If the fine was imposed two years ago, is that warrant still valid?

They expire after 180 days.

As if that would marstons, they would possibly doctor the warrant, or issue their own OP needs sight of this "Warrant" and if dodgy report marstons to police and HMCS top dogs. In all likelihood they will levy the trird party motors, and most likely have noted the registration numbers to put on a levy when challenged on fees. They will be unlikely to check DVLA, either until kicked up the arse by a coppers boot.

[cazindevon]

Re: Bullied by Ross and Roberts bailiff

Do you have a reference number for the debt the Bailiff is collecting on? Is it the same or different to those the Council has an AoE against?

You need to speak to someone at the Council and ask the following questions:
1 - how many Liability Orders they have against you
2 - the dates they were obtained
3 - the addresses they were for
4 - the period of time each covers
5 - how much each one was for
6 - how much is still outstanding
7 - the dates they were passed on for enforcement
8 - the dates & amounts of any payments

There are currently 3 LO's in force.
The first was made on 25/10/2007 (for CT year 2006/07 at a previous address) for a total amount of £902. An AEO was issued for this LO on 18/02/2013 which is currently being deducted at source at a rate of £40 p/w Bailiffs were instructed but obviously returned the debt to TDC as uncollected.
The second LO was made on 26/08/2008 (for CT year 2007/08 at a previous address) for a total amount of £953.09. An AEO was issued for this LO on 02/04/2013 which is currently being deducted at source at a rate of £35 p/w (making total deductions of £75 p/w for the maximum of 2 AEO's allowed. This now leaves our bring home wage as £240). Again, bailiffs were instructed but again obviously returned the debt to TDC as uncollected.
The third and final LO was made on 26/06/2012 (for CT year 2012/13 at our current address) for a total amount of £1234.81. Bailiffs have been instructed and we are now at the stage of "Notice of intended removal of goods" as stated in previous posts. We can prove through bank statements that £360 has been paid from this debt which in my calculations leave £874.81 owing yet Ross & Roberts are demanding £1179.81. Therefore of the £360 provable payment it seems only £10 has been deducted from the original bill!!!
Of all the previous bills that have been passed to Ross & Roberts then passed back to TDC as uncollected, Not a single penny has been passed to R&R and ONLY the original LO amount has been paid. I'd love to know what TDC have done with the remaining £350 ive paid them!

With the 2012/13 bill we visited TDC who eventually reluctantly called of the bailiffs because we agreed to pay £120 there and then plus £40 p/w (on top of previous AEO's. This left us with £200 to live on. Our rent equates to £140 p/w so it didnt take long to fall behind. rather than face eviction, we paid our rent thus defaulting on our agreement with TDC which has bought us to the senario we now find ourselves in. The "missing" £350 has, in all probability gone to R&R as the council witch we saw did say that to call the bailiffs off, she would "have" to pay the bailiffs fees!!!!!!!!
We have written to our District councillor and received bugger all response. We have also written to our MP who has replied and assured us that they are looking into this matter as we speak.

Armed with all this information, can anyone confirm that this puts us into a category of "extreme hardship"? and if so are TDC duty bound to lump all three LO's together and collect just one AEO? if they were to do this then we'd be able to pay this current years (2013/14) CT and finally break this never ending cycle!