Ross & Roberts - could do with some advice, please.

[Water Treader]

We have a council tax debt from last year (2013/14).

 

Following some to-ing and fro-ing,

several unanswered letters and not a little stress,

we agreed a payment order with R&R.

 

The agreement was two months at one sum,

then an increased sum for the next four months (our proposal, not theirs).

 

They confirmed the lower sum for a longer period,

made no reference to the increase to the higher sum

and didn't reply when I wrote to correct them.

 

We made the first two payments and 30th April was the date for the first of the higher ones.

 

Because of me changing bank accounts and a few other cash flow issues,

it didn't get paid until 7th May (date on the receipt - showing on my bank statement on 8th).

 

On Friday just gone (15th) I had a 'removal notice' dated 8th

and saying the bailiff in charge WOULD remove my goods to auction within the week

(doesn't say which date that relates to, however).

 

It implied he would do so whether or not I was there but would prefer that I was.

 

I've emailed them twice to say I've paid the instalment

and I've made a complaint to my council about their tactics,

but they haven't responded and I'm still worried that the bailiff may appear

and nick my twenty-year old caravan from my drive whilst I'm out at work.

It's not worth much but it's the only way we can afford to go on holiday.

It's clamped and hitch-locked but I doubt that would stop the bailiff.

Unfortunately I can't hide it, although I have considered transferring ownership

(on paper, at least) to my son and setting up a backdated receipt.

 

Can they do this, given that the most recent payment was few days late?

 

Also, no-one's ever visited re. this matter and I've had no hand-delivered letters

(although a couple of threateners via Royal Mail before we made the payment agreement).

 

I've never signed anything either.

 

I'd also like to know, can I ask the council to take the debt back at this stage

and accept the remaining instalments?

 

Is the council obliged to take any payments I make to them via bank transfer?

 

Because I'm sick and fed up of dealing with R&R. BTW,

the council outsources its Council Tax operations to Capita who,

I believe, also owns R&R.

[lookinforinfo]

No they cannot just come round and take your goods. First they will have had to enter your property and levy on goods sufficient to cover the debt and their fees. You don't mention

how much you originally owed the council as to whether it would be worthwhile seizing your caravan but they may try to do something with it if they cannot get access to your home.

 

You do know that whatever else you do, never let them into your home. You should keep your car well away from your property so they can't take or clamp it.

 

Yes you can make payments direct to the Council and they cannot refuse your payments though being as it is Capita they may try to say you can only deal with the bailiffs.

The mistake you made was to enter into a payment agreement with the bailiffs in the first place. They word their agreements so that even if you paid a day earlier than the agreed date you will have broken the agreement and they feel free to come round and remove what they have already levied on , plus added another large sum on top.

 

Your first thing to do is to bypass the Crapita people and put a stage one complaint into the CEO of the Council. Explain that you have already made three payments, confirm from the CEO as to how much the original amount owed totalled and if there is just the Liability order against you. Say that despite the fact that no bailiff has visited you and therefore cannot have levied on any of your goods, they are threatening to come round and remove your goods whether you are there or not. Complain too that R&R are not acknowledging

most of your correspondence so you find it difficult to know where you stand with them and you have no faith in them that they will not carry on as they are currently doing.

Explain that you you are able to pay the amount due and that if the bailiffs are able to keep charging you, it will obviously take much longer for the Council to receive their money. So make an arrangement with the CEO to pay off the outstanding amount but you cannot afford to be late paying again.

[dx100uk]

I would also get all the info you can...

 

you'll prob find Robbers & Robbers

have taken most of what you've paid them for their 'fees'

 

and very little has gone to the council

 

.

 

i'd do the following

 

then come back here.

 

Here is something to be getting on with.

.

First of all establish from the Council how much was owing etc

.

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

...........................

.

Next you need to send off for a breakdown of the charges the Bailiff applied.

.

Here's an example,

use and ADAPT at will and best sent initially by email backed up by a copy in the post.

.

"From:

My Name

My Address

.

To:

Acme Bailiff Co

Bailiff House

.

Ref: Account No: 123456

.

Dear Sir

.

With reference to the above account, Can you please provide me with a breakdown of the charges.

.

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at.

e - the date of the Certification.

.

This is NOT a Subject Access Request

uest under the Data Protection Act S7 1998

so does not incur a fee of £10. You are obliged to provide this information.

.

I require this information within 14 days.

.

Yours faithfully

.

Ripped off customer"

.

[i hate bailiffs]

Despite what robbers and robbers say

You do not need to let them into your home

You do not need to talk to them

They do not need to come inside to discuss things

They can not force entry

 

But they can............... Talk *$*$ and keep a clean shirt:-)

[brassnecked]

If they turn up rattling about taking control of goods and must come in under the new rules don't they have no right of entry to take control of anything, not even a doormat, yes the fees are more but unless they can get a Control Order on your property, they cannot add any more fees than the Compliance and Enforcement fees.

[Water Treader]

Thank you very much, everyone. I'll those letters and emails rolling.

 

I know there is only one liability order, and the original amount was something a little over £900 (we do have the paperwork). I've already paid £250 and the plan was worked out by us to get the debt out of the way by the end of September (when my husband's work contract ends and after which his work may be a little uncertain for a while).

 

I've already contacted my councillor who admits she knows little about the council tax system but has kindly forwarded to someone who knows more - she didn't say who. However I'll get onto that CEO complaint.

 

Thanks again.

[Water Treader]

Hi again.

 

Well, after a 'right do' with R&R I have managed stop the bailiff and asked (via the council CEO) for the debt to be taken back. I will await movement on that score.

 

However, I have replies from council and R&R after I wrote to my local councillors and copied the email to R&R. Council letter (dated 20th) says they've asked R&R to reinstate the arrangement and issue new paperwork; R&R (dated 19th) says I have to call 'A Cartwright' on a mobile to "negotiate payment of the outstanding amount" - well he's had that. There's no way he's getting my phone number. There's also an 0870-- number that I'm not going to call because I only have a mobile.

 

I digress. This 'A Cartwright' doesn't appear to be listed on the CEA register. He's not on the high court officers register either. Does that mean he's not a real bailiff? And can I refuse to deal with him if he's not?

[unclebulgaria67]

Perhaps the register is not up to date. There is nothing in law to say that you have to deal with a bailiff regarding council tax. You can pay the council direct, but they may divert payments to the bailiffs in regard to what they may be due for work done.

[ploddertom]

2 threads merged to keep all info in one place

[tomtubby]

It is good to hear that the council are taking the account back into their control. However, have you checked to see that the charges applied by Ross & Roberts are correct?

 

Have they provided details to you and had a 'levy' upon any goods of yours been made before 6th April (when the new regulations took effect)?