Bullied by Ross and Roberts bailiff

[cazindevon]

6 months ago. a bailiff attended my property {did not enter the house] and refused to let me out of my driveway to collect my son from school unless I signed the car over to him. He was parked in the way. The form I signed was a Form 7 Notice of seizure and inventory of goods. The only thing listed was my car.
I defaulted on the agreement and have now received a default removal notice.
Can he come back and forcibly enter my home and remove my goods seeing as I signed that form?

[bluebottle]

Re: Bullied by Ross and Roberts bailiff

What does the debt related to, please, and who is the debtor? From what you have said, the bailiff may have acted unlawfully.

[cazindevon]

Re: Bullied by Ross and Roberts bailiff

It was for council tax arrears in both myself and my partner's names.

[bluebottle]

Re: Bullied by Ross and Roberts bailiff

Which local authority is involved, please?

[CleverClogs]

Re: Bullied by Ross and Roberts bailiff

6 months ago. a bailiff attended my property {did not enter the house] and refused to let me out of my driveway to collect my son from school unless I signed the car over to him. He was parked in the way. The form I signed was a Form 7 Notice of seizure and inventory of goods. The only thing listed was my car.
I defaulted on the agreement and have now received a default removal notice.
Can he come back and forcibly enter my home and remove my goods seeing as I signed that form?

Do you keep your motor car in the hallway or in the living room?

[cazindevon]

Re: Bullied by Ross and Roberts bailiff

Its torridge district council in devon. They are already taking 75 quid a week out of partner's wages for arrears and we get no help with rent or anything. They do not take into consideration that out of his wages we have to find £575pm rent, child maintenance £20, plus living expenses for myself my partner and our 6 yr old son. Its impossible to keep our heads above water when they keep piling on bailiff fees and making unreasonable demands! I would rather set light to the car than let those *******s take it and charge even more fees! I am just worried that because a form 7 was signed even though only the car was listed on it, does that now give him permission to break into my home?

[bluebottle]

Re: Bullied by Ross and Roberts bailiff

Are you saying that an Attachment of Earnings Order (AEO) is in force as regards these CT arrears? If so, what the hell are Torridge District Council playing at? You cannot subject a person to two or more forms of enforcement for the same matter at the same time. The law, simply, does not allow it.

As for the levy/seizure, it was done under coercion/duress which may well render it unlawful/illegal. Was the AOE in force at the time the bailiff behaved like a small-brained animal?

[CleverClogs]

Re: Bullied by Ross and Roberts bailiff

Are you saying that an Attachment of Earnings Order (AEO) is in force as regards these CT arrears? If so, what the hell are Torridge District Council playing at? You cannot subject a person to two or more forms of enforcement for the same matter at the same time. The law, simply, does not allow it.

But do the morons at Crapita know that?

[bluebottle]

Re: Bullied by Ross and Roberts bailiff

Ignorance of the law is neither a defence or an excuse, CC.

[bizzybob]

Re: Bullied by Ross and Roberts bailiff

But do the morons at Crapita know that?

More to the point do they care, as sticking to the law is not their strongest suit. They may well hope OP doesn't know bailiffs should not be used whilst an AOE is in force and try to wing it.

[cazindevon]

Re: Bullied by Ross and Roberts bailiff

They have 2 AEO in place but they are for separate matters. Its all CT arrears but they won't put all the debts into one single one. How can we possibly keep up with the current year when they are demanding so much for the arrears and getting bailiffs involved as well??? It's not that we don't want to pay, it's just that we can't. I am not earning or entitled to benefits either.
The bailiff parked van in front of my car and refused to let me get out to collect my son from school. I threatened to barge him out of the way but my partner signed the form when I quickly went inside the house to call the police. The bailiff said to him that he would take the car and if we wanted him to allow us to keep it, he had to sign the form!
My partner caved in and signed before I got back to where they were.
He has been back since but we did not let on we were in and I phoned a friend to collect my son from school as the bailiff was again obstructing the driveway at the time he thought we would be doing the school run!
We have been to the council and they are about as much help as a chocolate fireguard.
We need to get the amount they are deducting reduced or for the whole arrears to be put onto one single debt where we would be able to pay off the arrears and keep up to date with current council tax.

[bluebottle]

Re: Bullied by Ross and Roberts bailiff

It is lawful for different CT arrears to be subject to different AEOs. What is more important, are the arrears the bailiff with the intelligence of a small-brained animal is trying to collect subject to an AEO?

As for the bailiff's actions in blocking the exit from your driveway, it's a pity you or your OH didn't call the police - the moron could have been arrested for wilful obstruction of the public highway.

However, if the arrears the bailiff is acting upon are already subject to an AEO, he, Ross & Roberts and Torridge DC are in trouble for the reasons explained in an earlier post.

Could you confirm if the arrears the bailiff is attempting to enforce are subject to any AEO?

[CleverClogs]

Re: Bullied by Ross and Roberts bailiff

We have been to the council and they are about as much help as a chocolate fireguard.

Ross & Roberts is owned by Capita (also known as Crapita) to whom your local elected councillors have chosen to sub-contract Council Tax collection.

Were one at all cynical, one might wonder if Crapita's antics were intended mainly (or solely) to maximise profit for the company at the expense of increased misery by tax payers, rather than to ensure that the tax is collected.

[bluebottle]

Re: Bullied by Ross and Roberts bailiff

Ross & Roberts is owned by Capita (also known as Crapita) to whom your local elected councillors have chosen to sub-contract Council Tax collection.

Were one at all cynical, one might wonder if Crapita's antics were intended mainly (or solely) to maximise profit for the company at the expense of increased misery by tax payers, rather than to ensure that the tax is collected.

That would not come as any surprise to me whatsoever, CC.

[bizzybob]

Re: Bullied by Ross and Roberts bailiff

Ross & Roberts is owned by Capita (also known as Crapita) to whom your local elected councillors have chosen to sub-contract Council Tax collection.

Were one at all cynical, one might wonder if Crapita's antics were intended mainly (or solely) to maximise profit for the company at the expense of increased misery by tax payers, rather than to ensure that the tax is collected.

The corporate bottom line is king, they are so profit motivated they would likely try to enforce against a debtor on the day of the funeral after they had topped themselves or died from stress, by clamping and levying the hearse.