Jacobs removal notice....Urgent advice please!

[sunnybrae]

Months before christmas a bailiff from Jacobs knocked on my door, collecting £1600 arrears in council tax. It was 8 am, hubby had just gone to work, kids were eating breakfast and like a fool in my pyjamas I let him in. Now, the account is in my partners name as I have an administration order so the council cannot approach me on this account, however the bailiff still asked me for payment (which I gave him) and did a walking possesion notice and accepted my signature on a payment plan. It was for £300 a month, we missed last months so now they have cancelled the agreement and turned up today with a removal notice. I did not answer the door but am worried if they come back as I am easily intimidated and have been by them before.
We want to pay but not that amount as we cannot afford it, yet they will not accept lower.
Is it hopeless?

[Screw The Bailiff]

You signed a Walking possessions agreement and this provides for the bailiff to charge the fee. As a levy has been made, he can (technically speaking) lawfully break & enter your home to take goods to the value of the debt.

You can do one of two things.

1. Pay the originating creditor the amount due - less the bailiffs fees. that'll revoke the bailiffs ability to levy on your goods and charge you fees. If its council tax, go to the council with cash or a credit card and get a receipr Be ready to do Magicians Choice if the council is uncooperative.

2. Pay the bailiff with a credit card, and ask for a break down of the fees, check that he hasnt over charged you by comparing them with the prescribed fee schedules.

For the time being, check the bailiffs credentials.

Report back if you find any regularities & we'll advise with further options. If the bailiff has overcharged or defrauded you in some way then you have restitution, its fairly common for bailiffs to accidentally overcharge a debtor but the law is there to protect you.

[tomtubby]

Yet another example of why I have to say that you should NEVER allow a bailiff peaceful entry into your home.

In exactly the same way that our office sees all day long, this bailiff has set the repayments at a rate that is far too highh and ensures that the first payment is made on time and the next one ends in default.

This "trick" will allow the bailiff to charge an "attending to remove fee" as you have now "broken the arrangement". This is so common and in your case I am afraid is a problem as he may come back to remove the items.

Questions:

Who's name was the Liability order in. Yours or your partners?

Are you on benefits, or the person named on benefits?

What items are listed on the WP?

Finally, can you PM me with the name of the actual bailiff and the company he works for so that I can check if he is certificated.

I can then advise further.

[sunnybrae]

The liability order is in my boyfriends name, we are virtually separated so I am here on my own 90% of the time, am on tax credits at present but not housing/council tax.
Items listed MY tumble dryer, my landladies dishwasher, my landladies fridge freezer, and the microwave and my old tv i think, to be honest he listed the white goods without saying anything to me, i suggested the other bits and presumed he had only written them and I signed the form to realise later what he had done.

The debt is the current years c tax and the bailiff informed me the council contract them to recover it before the end of the tax year.

[Screw The Bailiff]

Originally Posted by sunnybrae

The liability order is in my boyfriends name, we are virtually separated so I am here on my own 90% of the time, am on tax credits at present but not housing/council tax.

You are not liable for your boyfriends debt.

Originally Posted by sunnybrae

Items listed MY tumble dryer, my landladies dishwasher, my landladies fridge freezer, and the microwave and my old tv

The bailiff has an invalid levy because a) the goods don't belong to the debtor and b) most of the goods are for basic needs. You or your boyfriend don't need pay the walking possession fee for an invalid levy.

Do you have a tenancy agreement showing ownership of goods? You can claim ownership by handing the bailiff this letter through the letterbox or a window. NEVER open the door to callers and keep windows secure until this matter is resolved.

If the bailiff challenges you on this, then you can consider making an official complaint against the bailiff for trying to enforce with in invalid levy.

Originally Posted by sunnybrae

Most of these items are for basic domestic needs/i think, to be honest he listed the white goods without saying anything to me, i suggested the other bits and presumed he had only written them and I signed the form to realise later what he had done.

The debt is the current years c tax and the bailiff informed me the council contract them to recover it before the end of the tax year.

Not your problem, if you entitled to benefits then claiming them is a good start. Bailiffs arent realy interested in taking goods anyway, they are worthless on the 2nd hand market, he just wants the money so he'll interfere with your goods to pressure you into paying.

If your boyfriend is a smart cookie, he can screw the bailiff.

[sunnybrae]

I feel better already knowing that as I always thought it must be invalid. Thanks!

[Screw The Bailiff]

Remember, if the bailiff threatens you with a locksmith with an invalid levy then this YouTube video us quite funny.

[mike foood]

To all concerned --- do what I did, buy a £30.00 cctv camara, plug it into your telly and video each caller at your address, I promise you will catch them out with their lies and unlawful actions, any attempts of Deception under the Theft Act, report it to the Police! Don't hesistate, use the cctv as your main evidence and pass everything on to Trading Standards as a formal complaint against the bailiff company..don't hesitate, spend £30 on a camara, well worth it!

[mike foood]

Also, if you want me to outline the particulars of Attempt Deception under the act , just ask, I will be glad to!

[mike foood]

Forgot to tell you all, there is a cctv camera available from good stockist for £30.00 which has audio, you will , I promise, catch them acting unlawfully! Attempt Deception is an arrestable offence under the act, note: any person may arrest any person 'committing' the offence, which literally gives you a power of arrest, I have advised the nobs calling at my address, attempting to deceive me, next time I will arrest them ,wgues what, its gone very quiet!