Ross and roberts

RAS

mel

Please answer the questions hallowitch has asked of you.

It may all be unfair but until you give exact answers it is hard to help you.

harrys_dad

OP, you are lucky that Hallowitch has found your post on this board, she is the most awesome poster there is on the subject of dealing with bailiffs, and is usually found on the DFW board. Answer her questions and follow her advice!

hallowitch

harrys_dad wrote: »

OP, you are lucky that Hallowitch has found your post on this board, she is the most awesome poster there is on the subject of dealing with bailiffs, and is usually found on the DFW board. Answer her questions and follow her advice!

Thanks for the vote of confidence (im sure their are other posters with lots of bailiff knowledge)

I haven't been on here at all for a few months family commitment's have had to come first and I've only recently started posting again on the consumer action group forum

I read this thread this morning without logging in (couldn't remember my password ) and to be honest I had to read it several times they really taking the Micky

I wonder how they will explain an attendance to remove fee when the account is up to date and no payments have been missed

Just to clarify simply put the facts are

A bailiff attends a property to levy distress the goods levied are the local authority's security against the debt (and lawful bailiff fees) to be sold at auction if the debtor does not pay or defaults on a payment agreement

When the debtor FAILS to maintain a payment agreement or does not pay a bailiff will attend to remove the levied goods to be sold to pay the debt

Their was absolutely no reason for a bailiff to attend the debt was being paid on time If the debtor pays LESS than the agreed amount then the account wound be in default and the bailiff could then attend to remove goods

How on earth would a bailiff explain to a judge that he attended to remove the debtors goods because the debt was being over paid to early

mel03

hallowitch wrote: »

What an absolute load of tosh they cant charge an attendance to remove fee because you over paid or because your payments are 3 weeks early
if your agreement is to pay £ £58. by the 4th of every month it doesn't matter what date you pay it as long as it reaches their account by the 4th then you have adhered to the terms of the agreement made


can you tell me what council you are with ?
amount of the liability order (confirmed by the council not the bailiff)?
what goods have been levied on the notice of seizure/distress ?
what fees have been charged as written on the notice of seizure /distress

what if anything you have in writing regarding the payment date?

Hi and thanku so much for ur reply
I had a letter through my door about 5 months ago saying that a ballief had called twice regarding unpaid council tax and I was to contact them immediately. which I done straight away. I was sure there must of been a mistake my ex had just left so I didn't worry to much, They told me on the phone that I owed £565 and that they could with their court order gain entry into my property and take my goods. I knew nowt about any of this so he came to my property and said I was to either pay the full amount or set up a payment plan which is what I did. I was charged an a sum of £250 which they demanded I pay before 3pm that day just to start this plan which I believed was going to come off my bill but it didn't. Anyway he made a list of my goods and I had to sign it.
Like iv said I have been making regular monthly payments admittedly 3 weeks early but I believed I could as long as it was paid on time. I made sure the payment was always after the 4th for the following month so it wouldn't be seen as an overpayment. I pay as early as I thought I could just in case life throws some obstacles like it so often does in my face.
The £190 I paid yesterday has come of my bill so im glad about that its just the way they instantly demand this type of cash they just wont listen. Thank god for my dad otherwise I could never of paid it. I feel for those who have no one. This is with South Somerset Council. I havnt thought to check with the council the exact amount I just took there word for it. I will be doing this first thing Monday.

mel03

I don't think it would of ever gone to court they would of just taken my stuff I aint got a lot so I treasure what I do have.
they wouldn't listen to me they said the payment I made on the 6th august was seen as an overpayment for the 4th aug due date. The payment I made on the 6th September was seen as a late payment. They said that is the way Ross and Roberts work. I was furious but you cant argue with them they said if I didn't comply and didn't stop arguing they would demand full payment or take my stuff. i had to pay that £190 no matter what. they just kept saying that is what i agreed to when i signed the form. Don't suppose i can do anything about it now i just wish there were some laws out there to prevent them from doing such things to vulnerable people who just don't have the money or anyone to help. its disgusting.

RAS

OK Thanks for the information.

mel03 wrote: »

Hi and thanku so much for ur reply
I had a letter through my door about 5 months ago saying that a ballief had called twice regarding unpaid council tax and I was to contact them immediately. which I done straight away. I was sure there must of been a mistake my ex had just left so I didn't worry to much, They told me on the phone that I owed £565 and that they could with their court order gain entry into my property and take my goods. I knew nowt about any of this so he came to my property and said I was to either pay the full amount or set up a payment plan which is what I did. I was charged an a sum of £250 which they demanded I pay before 3pm that day just to start this plan which I believed was going to come off my bill but it didn't.

OK - what he does is pay his fees before he pays the Council anything

Anyway he made a list of my goods and I had to sign it.#]

This is a Walking Possession Order

Like iv said I have been making regular monthly payments admittedly 3 weeks early but I believed I could as long as it was paid on time. I made sure the payment was always after the 4th for the following month so it wouldn't be seen as an overpayment. I pay as early as I thought I could just in case life throws some obstacles like it so often does in my face.


The £190 I paid yesterday has come of my bill so im glad about that its just the way they instantly demand this type of cash they just wont listen. Thank god for my dad otherwise I could never of paid it. I feel for those who have no one.

This is with South Somerset Council. I havnt thought to check with the council the exact amount I just took there word for it. I will be doing this first thing Monday.

Please can you come back on Monday and list the value of the original liaiblity order.

Also can you find that Walking possession order and list on here

a) everything that the bailiff listed
b) the fees that he listed on the WPO.

Have a good weekend. If he has overcharged fees, it is possible to get the money back.

RAS

mel03 wrote: »

Don't suppose i can do anything about it now i just wish there were some laws out there to prevent them from doing such things to vulnerable people who just don't have the money or anyone to help. its disgusting.

There are very strict laws and Councils have recently been reminded that they have a duty to ensure that their bailiffs behave.

This can be sorted.

And for the future,

never, ever believe a word a bailiff tells you until you have checked it with a debt advisory charity.

Never ever let a bailiff in your house as that means he can
charge higher fees and can bully you.

mel03

RAS wrote: »

There are very strict laws and Councils have recently been reminded that they have a duty to ensure that their bailiffs behave.

This can be sorted.

And for the future,

never, ever believe a word a bailiff tells you until you have checked it with a debt advisory charity.

Never ever let a bailiff in your house as that means he can
charge higher fees and can bully you.

They told me they can peacefully gain entry without me even being there. that was on the default notice they posted through and they said that before i signed the agreement.

mel03

atrixblue.-MFR-. wrote: »

personally i wouldnt answer the door again to them again and keep doing as your doing. as long as you can prove it being paid, you can ask a judge when the papers come through to set the terms.

Would they not break into my house and take my stuff anyway

CIS

but when push comes to shove the council will always back its bailiffs.

Not always - I've challenged bailiffs before over behavior and raised issues regarding them. I've even known bailiffs being told not to deal with cases for the local authority again because of their behavior.

Some bailiffs are nothing but trouble and some are genuinely helpful to people.