Ross & Roberts ctax debt - there are 3 Liability Orders he has to act as it is one!!***Resolved with council***

[Squirrel Nutkin]

Hello there and congrats on a great website that has helped me loads.

 

Yesterday I had a bailiff turn up who I dealt with by opening the gate to our property and asking him to step outside. As this person has been following me around for the last 5 years turning up like a bad penny about once a year I commented on this and told him he really was a sad little man. Naturally he didnt like that and took my photograph with his mobile phone! I was standing by my gate about to go back in. Can a bailiff do this?

[Squirrel Nutkin]

Just searched for this Bailiff on the register and he is not on it!

[sillygirl1]

What reason does he give for 'chasing you' If it were me I would report him to the police as a 'stalker' and that would put paid to his antics. If he shows up again take HIS photo in return.

[Squirrel Nutkin]

Thank you Sillygirl1.

 

Years ago I had a fall out with the vets and it is this debt. This bailiff yesterday gave me a letter saying I was in contempt of court for not attending a questioning which I knew nothing about. I have been told in this letter that I have to attend court in November or I go prison for 14 days! I am sure it is sortable but how did it get to this stage. The letter sais I was given a letter on 11th February this year to attend court on 4 March 2008! That isnt right! Hence I am in comtempt of court. I do recall this idiot coming to my door around February last year but I didnt answer the door and he left nothing? Anyway, taking my photo! I am really surprised he did this. The debt was for about £70!

[BankFodder]

It is not registered as a bailiffs and now he has taken your photograph I would certainly reporting to the police as a stalker. Give the police full written detailsof his identity and a description and tell them you want make a formal complaint. Including a complaint that he is representing himself as a bailiff

[tomtubby]

It is possible that this is a County Court Bailiff and if so he DOES NOT need to be certificated.

 

From the brief description that you have provided a County Court Judgement has been issued against you by a vetinary practice and the bailiff is saying that you have not attended a "means hearing". If this is the case then I am afriad to say that this can have serious implications for you becuse it is an indication to the COURT that you are refusing to attend before them to provide proof of your ability to pay this debt.

 

HOWEVER.....you MUST have first been informed on any such hearing and you need to urgently contact the court to ask for details of any such summons.

 

On the matter of the bailiff taking your photo.

 

I have come across this before where a Process Server had difficulty in serving a Bankruptcy Petition on a Debtor and managed eventually to use a photograph of him serving the documents at the address and he also took photographs of the debtors car parked in the driveway and open windows at the property and these photos were attached to a Witness Statement to confirm that he believed that he had effected service of the bankruptcy petition and that the debtor was at home but refusing to come to the door.

 

Therefore before making a complaint I would suggest that you make enquiries with the Court to establish whether you had been summoned to a Means Hearing.

[Squirrel Nutkin]

Thank you for all your help

 

I have spoken to the Court and explained my situation. The letter implies that this idiot served me with the summons on the 11 February this year but he did not. I work from home and am here all the time, we have a farm. He categorily did not come here that day and see me, if he did come here and I was out he did not leave anything. FACT!!!!

 

The court have said to write in explaining the situation. He is process server they tell me and therefore is not regulated.

 

Anymore info would be gratefully received.

 

Thank you all

[Squirrel Nutkin]

Actually, does anyone know how you make a complaint against a Process Server?

Thank you

[tomtubby]

Thank you for all your help

 

I have spoken to the Court and explained my situation. The letter implies that this idiot served me with the summons on the 11 February this year but he did not. I work from home and am here all the time, we have a farm. He categorily did not come here that day and see me, if he did come here and I was out he did not leave anything. FACT!!!!

 

The court have said to write in explaining the situation. He is process server they tell me and therefore is not regulated.

 

Anymore info would be gratefully received.

 

Thank you all

 

This is exactly what I thought had happened.

 

I am not certain but I do think that they have to hold a Consumer Credit Licence through the Office of Fair Trading.

[Squirrel Nutkin]

Thank you Tomtubby, I will check.

[Squirrel Nutkin]

Hello,

Please could someone tell me if R&R have to write and advise if they are planning to visit? We had some just turn up on Monday and walked straight onto our property. No previous notice was given.

Thankyou

[ploddertom]

No advance notice is required or given. usually the first you know will be when they turn up. Did you know there was a Liability Order against you?

 

PT

[Squirrel Nutkin]

Hi and thank you. No we didnt, nothing. Just turned up although we have been waiting for a letter about it The chap was rather bullish and had a lady with him who I assume was in training. They demanded £270 ( leaving us really short to buy food etc till the end of the month) and put our van for deliveries on the list he made, plus the sofa and armchair, the TV, the laptop which holds all the business accounts etc... Set a monthly payment plan which we can ill afford and disappeared again like the holy ghost!!! I wasnt sure he was entitled to all he did and I asked if he could go off for 1/2 hour so my husband and I could discuss it. He didnt like that idea and said if he did he would have to charge again for coming back.

 

Any thoughts?

 

Thank you

[ploddertom]

Do you know how much the original Liability Order was for as confirmed by the Council - don't believe the Bailiffs figures. Did they leave you a Notice of Seizure that lists the goods they seized and have they left a schedule of the charges they have applied to date.

 

PT

[Squirrel Nutkin]

Thank you They did leave a notice of seizure which lists the van, sofa etc... and it sais on it some charges. Levy charge, first visit and second visit. He claimed someone came in February but we are here most of the time and we work from home. And a walking possession fee. What happens if we pay the council direct?

Many thanks.

[ploddertom]

If they are claiming a Walking Possession then I assume you signed it voluntarily?

 

Thinking about the sofa and armchair - how old are they, do they meet currnt fire regulations and do they have the labels intact. If they were to be removed would you have alternative seating for each member of the family - this includes dining chairs.

 

Could you list what dates they attended and what charge they made. I would also argue that laptop & vehicle may be tools of trade.

 

PT

[Squirrel Nutkin]

Hi again The sofa is about 15 years old and no, no labels. They also put down the six dining room chairs and table so this would leave us with nothing. It was a difficult situation as my husband just wanted them gone so we did sign although that's why I said could they go for 1/2 hour so we (husband and I) could have a chat. I also had in my mind to call the debtline to see exactly what they could and could not do. And the reason I wanted to call someone was my thought was the same as yours. But some of it is for business rates so I have a feeling they can? As for how many visits. As far as I know, I saw them once, on Tuesday.

[Squirrel Nutkin]

Oh, they basically said as long as we keep up with payments, we wont see them again. Just horrid

[brassnecked]

Oh, they basically said as long as we keep up with payments, we wont see them again. Just horrid

 

Beware, they will go out of their way to ensure YOU DON'T keep up payments if they can, the better to add fees. if the payment is due on the 8th, pay it in around the 3rd to allow "clearance" as they will say a card payment on the day is not "cleared funds" so therefore the payment is late, kerching, more fees....

 

Also they may well charge dodgy (as in not permitted under the regulations) card fees of upward of £3 for paying by phone or online using a debit card

[ploddertom]

Hi again The sofa is about 15 years old and no, no labels. They also put down the six dining room chairs and table so this would leave us with nothing. It was a difficult situation as my husband just wanted them gone so we did sign although that's why I said could they go for 1/2 hour so we (husband and I) could have a chat. I also had in my mind to call the debtline to see exactly what they could and could not do. And the reason I wanted to call someone was my thought was the same as yours. But some of it is for business rates so I have a feeling they can? As for how many visits. As far as I know, I saw them once, on Tuesday.

 

In this case you need to contact the Council ASAP on Monday and ask them:

1 - how many Liability Orders there are

2 - how many are for Council Tax and what amounts

3 - how many are for NNDR and what amounts

4 - for each one what period of time they cover

5 - for each one how much is outstanding

6 - when each one was obtained

7 - when each one was passed on for enforcement

8 - what payments have been made for each one

 

You should also ask the following:

a - can they see your account with the Bailiff and if so

b - what charges have been applied for each account

c - the date of the charges

d - the dates of any payments

 

PT

[Squirrel Nutkin]

Ok. Thank you for that. Will try to today but hectic day ahead, if not first thing tomorrow.

 

Thank you again.

[Squirrel Nutkin]

Please could you tell me what happens if we just pay the amounts straight to the Council rather than the debt collector?

 

Thank you

[fork-it]

Did you get a reminder or a final notice from the council?

 

Have you moved recently and the demand is for a previous address?

 

If you have cooked the bailiffs goose.

 

If you pay the council direct online then you will discharge your liability. There is little a bailiff can do to stop you bypassing them in this way.

[fork-it]

some of it is for business rates so I have a feeling they can? As for how many visits. As far as I know, I saw them once, on Tuesday.

 

Is the business a Ltd company and still trading? you might not be personally liable for it.

 

How many Liability orders do you have?

[Squirrel Nutkin]

Is the business a Ltd company and still trading? you might not be personally liable for it.

 

How many Liability orders do you have?

 

Hi there and thank you. One small liability. At a struggle, we could pay this off. And trading

Edited July 4, 2011 by Squirrel Nutkin
Forgot something, we are not limited.