Unpaid Council Tax, 25% discount not applied - Ross & Roberts bailiffs letter

[EnglishRob]

Hi folks,

I wonder if someone could possibly help?I received a letter last Saturday from Ross & Roberts bailiffs with regards to unpaid council tax.

 

The letter was dated 26th June 2012 and I didn't receive the letter until Saturday 7th July 2012. It said in the letter I had 14 days from the date of the letter to contact them. I tried calling both numbers which were given on the letter to try and make arrangements to pay the debt but one one number the office was closed, and the other there was no answer despite the opening hours being listed as 8am until 1pm on Saturday (I called around 12:30pm when the post arrived).

 

I've since called Ross & Roberts today to try and arrange a payment plan. The lady at the call centre for R&R advised that I'd have to speak to the bailiff directly, so I called the bailiff up and left a message for them to call back.

 

I then spoke to the council who advised that they can't take the debt back unless I make a complaint to both R&R and forward a copy to the council. To be fair the lady at the council did sound sympathetic but I guess she was just going by the policies at the council.The amount they say I owe is around £1400 and is from December 2011 when I moved in to the property until March 2013. However I did find out that the council have over charged me for council tax. They had me listed as two adults living in the property despite the fact that I am the only adult in the property with my two daughters (aged 12 and 10).

 

So the council advised that I should get a 25% discount to start with, although they said that in the mean time I need to contact R&R and advise them and come up with some sort of payment plan.

 

Basically I split up with my ex wife in December last year, the split hit me really hard and I was put onto anti-depressants by my GP, I just seemed to go into an auto-pilot mode to find a new home for my daughters and I to live in and some of the bills just got missed.

 

I'm also due to stop working in mid August as I'm a contractor and my contract is coming to an end. They advised me that if I'm not working I'll be eligible for council tax and housing benefit so the amount I owe would be reduced if I'm eligible.So they have put a note on my account and it's been passed on to the council tax team. I'm now not sure what to do, I'm guessing that R&R are going to expect a high initial payment and expensive monthly payments based on the amount they currently have me down as owing. Don't get me wrong, I'm more than willing to make the payments and pay off any arrears I just feel that this extra stress is not going to help, it's hard enough as it is going through a messy divorce without having to deal with bailiffs too.

 

So I wondered if anyone could advise what to do please?

 

I'm not sure if I should complain to R&R and to the council or what? So far the only complaint I have against R&R is the fact that I had literally one working day to speak to them to come up with a payment plan (and the fact I haven't been able to come up with an affordable agreement). My complaint against the council is that they've screwed up and won't take the debt back from R&R so I can make arrangements to pay the correct amount (I'm guessing that the payments would be much more affordable based on what I should be paying rather than without the 25% discount?).

 

In the mean time I'm also worried that they can put a levy on my car, it's a complicated situation, the car is registered in my name but my mum took out a loan to pay for it and I'm paying my mum back the loan payments every month (I had a bad credit rating so I couldn't get a loan, I still don't think I could get a loan to pay off my priority debts due to a default on my credit card and this debt).Anyway, any advice would be much appreciated.

 

Regards,Rob

Edited July 9, 2012 by EnglishRob
Formatting didn't work, added html tags to break up the text to make it easier to read.

[i hate bailiffs]

from what i can read as it is hard with one block of text please edit post:-)

 

stay off phone to bailiffs

make payments direct to the council online or automated telephone service

deny bailiffs a levy and keep the out of your house

[postggj]

i will do some digging for you but

 

if the council applied for a liability order through the courts on an amount that was incorrect

(you have to prove the council were negligent in not applying the 25 % discount)

the council have to prove the debt was lawfully due at the time of the liability order hearing

 

the liability order should be overturned and the baliffs withdrawn

[EnglishRob]

Thanks,I'll try and find the original letters from the council tonight and try and make a payment.

 

Not sure what happened with the post, I think it might be the browser I'm using at work, previewing the post puts it in one large block of text too unless I use HTML tags to put lines in.

 

I'll try and edit it now, failing that when I get home this evening.

Ta,Rob

[BRIGADIER2JCS]

Complain to the CEO of the local authority personally,

I have just made a complaint on be half of some friends

regarding the use of docmail which take up to ten days

to arrive it seem LAs are using this deliberately with the

14 day notice letters yet demands etc are sent 1st class.

The CEOs usually have a direct e-mail address I amalso

going to make a complaint to our MP.

[tomtubby]

The council can get the LO adjusted to take into cosnideration the ingle person discount. However, there will still be a Liability Order and some money will of course be due.

 

The car is almost certainly at risk. In particular, if your mother merely took out a bank loan. If however, the car had been subject to finance in mums name, then the car would be exempt.

 

The best way forward would be for Mum to be the registered owner but you as keeper only. Others can advise the best way forward for this.

 

It is very important indeed that you ensure that you make a claim for housing benefit and CTB in August as this will have greatly reduce the LO which has been calculated through to next March

[EnglishRob]

Thanks for the advice so far. I've spoken to my mum, she has some of the paperwork for my car (an invoice when she bought the car and the loan agreement, although it was a cash loan and not secured on the car).

 

I had a call back from the bailiff but missed the call (I was on the way home at the time), I'm a bit worried about the next step, I picked my eldest daughter up from the child minder and went straight round to my mums house in case they were waiting outside the house. I'm worried that they're going to demand unreasonable amounts of money that I can't afford. I'm more than willing to pay what I owe and hopefully the amount will be reduced but I don't want the bailiff coming around banging on the doors, I've told my kids to keep the doors and windows locked and they're never in the house on their own.

 

Rob

[jimjim5]

They will try and demand, where in the country do you live. The good news is Ross and Roberts are reluctant to do seizures.

 

Are you still on anti depressants? If you are you would be considered vulnerable due to ill health and they should not touch you.

 

Make a formal complaint to the head of the council and instruct them to take it back on the grounds that liability order is incorrect and due to your ill health.

[jimjim5]

Ross and Roberts don't usually work after 8 at night either.

[lookinforinfo]

Hi Rob, I am just a little confused by your explanation of where you expected the bailiffs to be-at your home or your Mother's. And is the LO addressed to your present address or your Mothers;?

 

You will have to stall the Bailiffs until you get the amount sorted out and whether the Council applied for the right sum from the Court. So do not talk to the Bailiffs on the phone

and do not answer the door if they call. That way they cannot get into your head and force you to pay more than you can afford at the current higher amount outstanding.

 

Write to the bailiffs complaining that their letter took two weeks to get to you giving you no time to sort out your finances and the amount demanded is incorrect. Had they sent a

letter by direct mail, you would have had time to resolve matters.

 

Explain that you are going through a difficult divorce and have been on antidepressants for some time. In addition you are taking care of your two daughters on your own and

understand that this should qualify you as a vulnerable person. As such you would be grateful if they would kindly refer your case back to the Council. In addition, show them the proof

that the car is your Mothers' as you cannot get credit. So although you are the registered keeper, you are not the owner so they cannot levy on it.

 

The letter is stretching it a bit, but as long as you do not answer the door when they call. they will give up anyway and return it to the Council as they can only charge for two

visits and bailiffs do nothing for free. All you need to do is keep the car away from whereever the warrant is addressed until the Council sort things out.

 

It might be an idea to explain to your children what is going on so they understand not to answer the door and not to be afraid as the bailiffs cannot force their way in nor take away

any of your goods. [The last bit of info was more for your peace of mind than your childrens].

[EnglishRob]

Hi Rob, I am just a little confused by your explanation of where you expected the bailiffs to be-at your home or your Mother's. And is the LO addressed to your present address or your Mothers;?

 

The LO is addressed to my address. I just went to my mums as I was worried they'd be hanging around outside my house. Maybe my fear is unfounded but I'd got my daughter with me and I didn't want her to get upset. My daughter wanted to go to my mums house to stay overnight so I dropped her over there.

 

You will have to stall the Bailiffs until you get the amount sorted out and whether the Council applied for the right sum from the Court. So do not talk to the Bailiffs on the phone

and do not answer the door if they call. That way they cannot get into your head and force you to pay more than you can afford at the current higher amount outstanding.

 

Thanks, I did call them back again but wasn't able to get hold of them, so I'll stop all contact with them. I've been reading some of the other posts on the forums about R&R, I gather they'll try and scare me into opening the door to them.

 

I'll get on to the council again tomorrow and see if they've updated the amount.

 

Write to the bailiffs complaining that their letter took two weeks to get to you giving you no time to sort out your finances and the amount demanded is incorrect. Had they sent a

letter by direct mail, you would have had time to resolve matters.

 

Explain that you are going through a difficult divorce and have been on antidepressants for some time. In addition you are taking care of your two daughters on your own and

understand that this should qualify you as a vulnerable person. As such you would be grateful if they would kindly refer your case back to the Council. In addition, show them the proof

that the car is your Mothers' as you cannot get credit. So although you are the registered keeper, you are not the owner so they cannot levy on it.

 

Thanks I will do. I was worried about my car, being a contractor if I don't work I don't get paid, so any time off work reduces my income further and if they clamp my car it's going to make it difficult for me to get to work.

 

The letter is stretching it a bit, but as long as you do not answer the door when they call. they will give up anyway and return it to the Council as they can only charge for two

visits and bailiffs do nothing for free. All you need to do is keep the car away from whereever the warrant is addressed until the Council sort things out.

 

It might be an idea to explain to your children what is going on so they understand not to answer the door and not to be afraid as the bailiffs cannot force their way in nor take away

any of your goods. [The last bit of info was more for your peace of mind than your childrens].

 

I will do, I've already told my eldest daughter not to answer the door, thankfully my middle daughter is away on a school trip this week and my youngest daughter lives with my ex wife and only visits a couple of nights a week.

 

I didn't have anything through the door this evening when I got home so I don't know if the bailiff has visited or not.

 

They will try and demand, where in the country do you live. The good news is Ross and Roberts are reluctant to do seizures.

 

Are you still on anti depressants? If you are you would be considered vulnerable due to ill health and they should not touch you.

 

Make a formal complaint to the head of the council and instruct them to take it back on the grounds that liability order is incorrect and due to your ill health.

 

I live in Torquay. I gather they have offices in Torquay too. I stopped taking the anti-depressants of my own accord as they made me feel worse, although my mood seems to be going up and down like a yo-yo at the moment, it certainly isn't helping with the divorce either. I think I'm going to go back and see my GP and see what they advise.

 

Thanks for all your advice, I'll get cracking on it tonight

 

It's certainly put my mind at rest a bit, I was worried about it all afternoon and couldn't concentrate at work... luckily my boss is fairly understanding and knows a bit of my situation at home at the moment although I don't want to push my luck as I'd like to get a decent reference.

 

Rob

[jimjim5]

They have offices in ringwood, somerton and dartford.

Their trick is to ring another bailiff and pretend to call a removal company.

I'm ex staff so I know they don't have any storage facilities and I saw somebody get given out to for doing a seizure as they can't store anything.