JACOBS Council Tax Bailliffs

rottweilermick · 22nd August 2008, 17:17

Hello everybody,This is my first post. Im just looking for some advice on the following.

Ive had Jacobs Bailliffs knocking on my door last week for a Council TAX debt oweing to Leeds City Council, I did not answer the door as advised, Before they left a walking possession order was post through my letter box stating that my works van is now in their possession, I did not sign anything and the Van is not registered to me. so I sent them this letter.

[FONT='Verdana','sans-serif']I understand Leeds City Council has appointed you to recover my Council Tax Liability arrears of £837.

Having sought Legal advice I would like to make you aware that I am fully aware of my rights and you will not gain entry to my home under any circumstances to levy goods and I know the fees allowed under statute and when these fees can be applied.[/font]
[FONT='Verdana','sans-serif']May I also request that you remove the “Walking possession Order” including the £49.00 charge posted through my letter box (which I did not sign) on a White Mercedes Van Registration number........with immediate effect. This is a Company van owned by the Company I work for and not owned by me which therefore deems the order invalid.

Due to my circumstances I am unable to pay this in one payment. I advocate a payment schedule of 24 months with 23 months payments at £35.00 and the balance of £32.00 to be paid on 24th month to cover the principle. I understand this may seem a long time but this is a realistic offer that is affordable to me and will allow me to pay future bills issued for Council Tax without them falling into arrears. A greater amount would cause me real and actual hardship.

Please advise how you would payments to be made. My personal preference is payment by Standing Order.

It should be noted that I am not at any point refusing to pay this debt but only asking for a fair payment period considering my circumstances. And if you are unable to accept my offer I will place the money aside each month until such a time the council take the account back into their management, when I will make payment of the set aside money to the council.

Please also send an itemised statement of account that clearly shows what charges have been added and what for, you are required in statute to supply this information and I look forward to this within 14 days.

I am sending Leeds City council and The Magistrates Court a copy of this letter and requesting that it be filled for further reference.

I hope the above meets your approval and I look forward to your timely reply by letter.

Yours faithfully,[/font]
[FONT='Verdana','sans-serif'][/font]
[FONT='Verdana','sans-serif']In the post today I got this response.[/font]
[FONT='Verdana','sans-serif']Futher to your recent communication I write to inform you of the following:
With regards to your comments on the Levy that we have in place on a white Mercedes Van, it would be the responsibility of the Individual who own the Vehicle to provide sufficient proof.
We may return to your property with the intent to carry out another inventory. In order to protect the councils interest it is nesseray to visit and legally secure the debt by way of Levy when an arrangement to pay is agreed, it ensures that our client have some recourse should payments not be adhered to.
Unfortunatly due to the length of time we are allowed to hold a Liabillity Order in our office we are unable to accept your offer of £35.00 per month.
We require a minimum payments of £145.00 per month providing the first installment reaches the above office by 31st of august 2008.
All payments must be made on time to prevent any further recovery action taking place.
Im not very good at letters and im a bit worried I wondered if anybody could help me or advise on what to do next.
Kind regards Mick
[/font]
[FONT='Verdana','sans-serif'][/font]
[FONT='Verdana','sans-serif'][/font]

FairPlay77 · 22nd August 2008, 21:05

Quote:

Originally Posted by rottweilermick

Hello everybody,This is my first post. Im just looking for some advice on the following.

Ive had Jacobs Bailliffs knocking on my door last week for a Council TAX debt oweing to Leeds City Council, I did not answer the door as advised, Before they left a walking possession order was post through my letter box stating that my works van is now in their possession, I did not sign anything and the Van is not registered to me. so I sent them this letter.

[FONT='Verdana','sans-serif']I understand Leeds City Council has appointed you to recover my Council Tax Liability arrears of £837.[/font]
[FONT='Verdana','sans-serif'][/font]
[FONT='Verdana','sans-serif']Having sought Legal advice I would like to make you aware that I am fully aware of my rights and you will not gain entry to my home under any circumstances to levy goods and I know the fees allowed under statute and when these fees can be applied.[/font]
[FONT='Verdana','sans-serif']May I also request that you remove the “Walking possession Order” including the £49.00 charge posted through my letter box (which I did not sign) on a White Mercedes Van Registration number........with immediate effect. This is a Company van owned by the Company I work for and not owned by me which therefore deems the order invalid.[/font]
[FONT='Verdana','sans-serif'][/font]
[FONT='Verdana','sans-serif']Due to my circumstances I am unable to pay this in one payment. I advocate a payment schedule of 24 months with 23 months payments at £35.00 and the balance of £32.00 to be paid on 24th month to cover the principle. I understand this may seem a long time but this is a realistic offer that is affordable to me and will allow me to pay future bills issued for Council Tax without them falling into arrears. A greater amount would cause me real and actual hardship.[/font]
[FONT='Verdana','sans-serif'][/font]
[FONT='Verdana','sans-serif']Please advise how you would payments to be made. My personal preference is payment by Standing Order.[/font]
[FONT='Verdana','sans-serif'][/font]
[FONT='Verdana','sans-serif']It should be noted that I am not at any point refusing to pay this debt but only asking for a fair payment period considering my circumstances. And if you are unable to accept my offer I will place the money aside each month until such a time the council take the account back into their management, when I will make payment of the set aside money to the council. [/font]
[FONT='Verdana','sans-serif'][/font]
[FONT='Verdana','sans-serif']Please also send an itemised statement of account that clearly shows what charges have been added and what for, you are required in statute to supply this information and I look forward to this within 14 days. [/font]
[FONT='Verdana','sans-serif'][/font]
[FONT='Verdana','sans-serif']I am sending Leeds City council and The Magistrates Court a copy of this letter and requesting that it be filled for further reference. [/font]
[FONT='Verdana','sans-serif'][/font]
[FONT='Verdana','sans-serif']I hope the above meets your approval and I look forward to your timely reply by letter.[/font]
[FONT='Verdana','sans-serif'][/font]
[FONT='Verdana','sans-serif']Yours faithfully,[/font]
[FONT='Verdana','sans-serif'][/font]
[FONT='Verdana','sans-serif']In the post today I got this response.[/font]
[FONT='Verdana','sans-serif']Futher to your recent communication I write to inform you of the following:
With regards to your comments on the Levy that we have in place on a white Mercedes Van, it would be the responsibility of the Individual who own the Vehicle to provide sufficient proof.
We may return to your property with the intent to carry out another inventory. In order to protect the councils interest it is nesseray to visit and legally secure the debt by way of Levy when an arrangement to pay is agreed, it ensures that our client have some recourse should payments not be adhered to.
Unfortunatly due to the length of time we are allowed to hold a Liabillity Order in our office we are unable to accept your offer of £35.00 per month.
We require a minimum payments of £145.00 per month providing the first installment reaches the above office by 31st of august 2008.
All payments must be made on time to prevent any further recovery action taking place.
Im not very good at letters and im a bit worried I wondered if anybody could help me or advise on what to do next.
Kind regards Mick
[/font]
[FONT='Verdana','sans-serif'][/font]
[FONT='Verdana','sans-serif'][/font]

YOU need to realise that these people, as well as being heartless, are paper tigers and there is nothing they can do to you. Your best course of action is to start paying the council direct and refuse to have anything more to do with the bailiffs. The council CANNOT refuse your payment, although they may pretend that they can. Pay them by cash, by cheque or standing order (not by direct debit as this allows them unilaterally to change the amount taken).

The bailiffs have overcharged you as far as their fees are concerned. If, as appears to be the case, they have only visited your property once, they can only charge £24.50. If they make a second visit they can add on another £18. They cannot charge you for anything else. As they have apparently tried to cheat you, I strongly recommend that you refuse to pay a single penny of their fees. They will huff and puff about this but it's very unlikely they will do anything. They don't want the fact they are over-charging to be brought to the attention of a judge!

They have no right to enter your property and you certainly should not sign anything. Say goodbye to these powerless scum and only deal with the council.

kermit2482 · 22nd August 2008, 23:40

Quote:

Originally Posted by FairPlay77

YOU need to realise that these people, as well as being heartless, are paper tigers and there is nothing they can do to you. Your best course of action is to start paying the council direct and refuse to have anything more to do with the bailiffs. The council CANNOT refuse your payment, although they may pretend that they can. Pay them by cash, by cheque or standing order (not by direct debit as this allows them unilaterally to change the amount taken).

The bailiffs have overcharged you as far as their fees are concerned. If, as appears to be the case, they have only visited your property once, they can only charge £24.50. If they make a second visit they can add on another £18. They cannot charge you for anything else. As they have apparently tried to cheat you, I strongly recommend that you refuse to pay a single penny of their fees. They will huff and puff about this but it's very unlikely they will do anything. They don't want the fact they are over-charging to be brought to the attention of a judge!

They have no right to enter your property and you certainly should not sign anything. Say goodbye to these powerless scum and only deal with the council.

Powerless SCUM, bit harsh isn't it!!!!

Anyway we do have certain powers and believe you me we have ways and means only some of us choose not to use them, anyway back to the posters concerns.

The levy is totally illegal they cant levy on something that doesn't belong to you, Tell them your not supplying info as they have the ability to do a DVLA reg check and its up to them if they do this or not, if they take the vehicle it would be illegal and believe you me if they wanted to a DVLA plus a HPI check would be done!!

My advice come to a reasonable agreement and pay it as it sounds like you want to pay but just want to do it in a reasonable fashion.

kind regards Kermit

tonycee · 23rd August 2008, 01:50

Quote:

Originally Posted by kermit2482

Anyway we do have certain powers and believe you me we have ways and means only some of us choose not to use them,

Would you care to elaborate on the legalities of these powers ?

Or are they just idle threats designed to intimidate lesser knowladgable people into paying ?

Quote:

My advice come to a reasonable agreement and pay it as it sounds like you want to pay but just want to do it in a reasonable fashion.

I agree entirely, but with the council.

Dont pay the bailiffs a penny.

rottweilermick · 23rd August 2008, 10:48

Thank you for your advice, yes I want to pay its my debt etc somewhere along the line it needs paying. I just cant afford £145 a month its ridiculous, do I send jacobs a letter back explaining that i will start paying the council £35.00 a month ?.

robin9342 · 23rd August 2008, 20:38

Quote:

Powerless SCUM, bit harsh isn't it!!!!

No, not really. How else would you describe a fraudulent, lying, cheating bailiff who refuses to accept a realistic affordable offer from a debtor?
Actually, I can think of a few, but they woud provoke the GAGbot

kermit2482 · 24th August 2008, 13:17

This is the problem with this forum it allows certain people to gob off and say unreasonable things and incite trouble without being properly monitored!!!!!!!!!!!!!!!! !!!!!!!!!!

I shall leave it at that!!

kermit2482 · 24th August 2008, 13:19

Quote:

Originally Posted by tonycee

Would you care to elaborate on the legalities of these powers ?

Or are they just idle threats designed to intimidate lesser knowladgable people into paying ?

I agree entirely, but with the council.

Dont pay the bailiffs a penny.

I am not going to play your silly game TC i know im right and have never been prosecuted and i think you know what our powers are so have a nice day.

Its just a pity some posters have to turn peoples posts in to a personal slanging match!!

robin9342 · 24th August 2008, 15:02

Quote:

Originally Posted by kermit2482

This is the problem with this forum it allows certain people to gob off and say unreasonable things and incite trouble without being properly monitored!!!!!!!!!!!!!!!! !!!!!!!!!!

I shall leave it at that!!

I don't think so. This forum is very effectively moderated in my opinion. If you have a problem with a particular person's post, you have the option to report it and the CAG staff will moderate it if they feel it is necessary!!
Bear in mind that Fairplay was not calling YOU a name, but the bailiffs in this particular thread: personal insults are not allowed....

You have chosen a career which most people despise. Many posters on here with very good reason. A large number of bailiffs do deserve to be called scum (I can think of a lot worse). As for powerless, in this case Fairplay is correct. As long as the debtor refuses tha bailiff entry and keeps the doors and windows locked (and any car out of sight!) what else can they do except threat and bluster, then pass it back to the council?, i.e powerless.....

robin9342 · 24th August 2008, 15:10

Quote:

Originally Posted by kermit2482

I am not going to play your silly game TC i know im right and have never been prosecuted and i think you know what our powers are so have a nice day.

Its just a pity some posters have to turn peoples posts in to a personal slanging match!!

I think Tonycee has asked a valid question. Most of us on here do know what powers you have when collecting council tax and have advised the OP accordingly. When you come on here and imply you have other powers, naturally we are intrigued. So, please, do tell us...........

rottweilermick · 24th August 2008, 15:53

Thankyou for everybodys interest in this thread, Could someone please advise what I should do next?

robin9342 · 24th August 2008, 16:17

My advice would be to write to the council, enclosing a copy of your letter and the bailiff's reply. Tell the council that as the bailiff has added illegal fees and will not accept your reasonable and realistic offer of payment, you will now be paying the council direct. Enclose your first payment with the letter. Send by registered post or take it to the council office. The council must legally accept your payments (even if they say otherwise).

Ask the council to withdraw the bailiff. If they don't, you will most likely still get visits and letters from the bailiff, but stand firm, don't let them in. Continue to pay the council. Eventually the bailiff will have no choice but to return the account. Once you have paid in full, the liability order is satisfied and the bailiff can no longer enforce it. They are entitled to their fees £24.50 and £18.00, but they cannot use the liability order to enforce them.

palomino · 24th August 2008, 16:40

What a nasty, pointless thread this has become.

I'm off ...

robin9342 · 24th August 2008, 16:50

FairPlay77 · 24th August 2008, 19:40

Quote:

Originally Posted by robin9342

My advice would be to write to the council, enclosing a copy of your letter and the bailiff's reply. Tell the council that as the bailiff has added illegal fees and will not accept your reasonable and realistic offer of payment, you will now be paying the council direct. Enclose your first payment with the letter. Send by registered post or take it to the council office. The council must legally accept your payments (even if they say otherwise).

Ask the council to withdraw the bailiff. If they don't, you will most likely still get visits and letters from the bailiff, but stand firm, don't let them in. Continue to pay the council. Eventually the bailiff will have no choice but to return the account. Once you have paid in full, the liability order is satisfied and the bailiff can no longer enforce it. They are entitled to their fees £24.50 and £18.00, but they cannot use the liability order to enforce them.

I agree with this advice. However, although the bailiifs are 'entitled to their fees', I strongly urge you not to pay them. Don't you think that, as a result of trying to cheat you, they have lost all moral right to their fees?
Realistically,they are unlikely to go to court to get their fees paid because that would expose their crime to the judge!

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