Help please, letter from bailiffs

[smashedbobo]

HI, got home last night to find letter from Jacobs. Re council tax. And yes i do owe for last years council tax. I split from my other half last year and found it difficult to keep up arrangement with council. So letter goes on to say that jacobs will only enter an arrangement to pay over time is made subjectnto out bailiff calling to your property and completing the relevant paperwork. This will incur stat fee. AND you making an immediate payment. and the debt secured against your goods and our bailiff visting you.
Advise please if anyone can and how to approach this. Not sure what to do. I do want to pay this and i know i have to. I am self employed and due to working in a golf club my income because of weather has been sporadic to say the least. But season startin now so can start paying again. Just worried about the bailiff thing

Thank you in advance

[jadzia]

dont let the bailiff in,dont sign anything,if they say they will only enter in to an agreement with you if you let them in to levy goods,say NO,absolutely do not let the bailiff gain entry,talk to him through an upstairs window if you wish,tell them what you can afford to pay,and if they dont accept it,send it to them recorded delivery to their office,so it shows willingness to pay,but under no circumstances allow them entry or let them trick or bully you into signing any paper work,once they've got a walking possesion,they're laughing all the way to the bank!!

[davefirewalker]

As above DONT let them in....I had dealings with jacobs and they are a bunch of *******. I'd entered into an arangement and was paying OK, then they started to increase payments which made it more dificult. I was late with one payment by a few days so sent them the cheque with another one for the next month. they returned the cheques and the wanted the whole lot at once! NO amount of negotiating would placate them . they wanted the money or theyd turn up with a van.

write or speak to the council or failing that send this letter to the bailiffs

Only offer to pay what you can reasonably afford to clear the debt as soon as you can. Dont leave yourself short or other bills wont get paid.

Dave


************

Your name and address

Bailiffs name and address

Dear Sir/Madam,
Re: Your Reference (insert ref here)

I understand (council name ) Council has appointed you to recover my Council Tax Liability arrears for (date/s) which are (£xxxx) Council Tax Liability.

Firstly I would like to make you aware that I am aware of my rights and you will not gain entry to my home under any circumstances to levy goods and the fees allowed under statue and when which fees can be applied.

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 £xx.xx and the balance of £xx.xx to be paid on the 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 factually hardship.

I am able to pay the above amount on the xx of each month, as an act of good faith I have enclosed the first payment chq number xxxxxx. Please advise how you would like future payments 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 statue to supply this information and I look forward to this within 14 days.

I am sending the council a copy of this letter and requesting that it be filled with my account for further reference.

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

Yours faithfully,

[smashedbobo]

Hi guys,
Well got a reply to my letter. i enclosed a cheque with it as well for first instalment of council tax arrears. Jacobs have said thy cannot provide me with a breakdown of costs or accpt my proposal of payment as it is now with one of their bailiffs and i would have to ing him to sort it out. And that he has all the paperwork so they are unable to anything. I really do not want ring him. So what now. Any advice please. xxxxxxx

[LesleyDeacanjason]

hi, I had a jacobs baliff turn up for my council tax. When i spoke to him he said that need to arrange payment and he would have to come round. So I then rang the councils recovery department and explained to them the problem was having with paying the council tax etc. A very helpful person told me that I should arrange to see the CAB. By doing this you are showing your are in probs and trying to resolve this. When you do this the council will put the account with jacobs on hold. But beware, when I had the account put on hold, the baliff turned up and snuck a second letter through the door. WITH CHARGES. I immediatly rang him, and he told me it was standard, but the account was on hold. So rang the council who phoned jacobs on my behalf. I got a letter of apologie from them and removal of charges. I then wrote a letter to the council explaining that I could only pay a certain amount, and will pay them directly. That way you only have to pay what is owed to the council. Also helps if you say with the arrears you will pay this years tax bill. hope this helps a bit

[mtamu]

Things you NEED

1. Get hold of a telephone conversation equipment or something that can record a phone conversation. This is useful as I will explain later
2. A diary
3. Proof of all payments you have so far made towards your arrears

Step 1

After mailing the initial letter asking for a breakdown of the charges and getting the unhelpful response from the Bailiffs (as is expected anyway) and assuming you posted a copy of the same letter to your Local Council Revenues Office

Call the Bailiff in charge and make sure you record the conversation. Ask him the outstanding balance and bring to his notice that you have already requested for a detailed info. through a letter, as regards charges (If any) levied on the account and the full balance as at xxxxxxxx

He might not tell you, in any case - since you have It recorded, that should work out fine later on.

I am assuming the chap has already paid you an initial visit and left a letter warning of REMOVAL etc and a charge on top


Draft this letter

To
xxxxxx Revenue and Benefits Service
xxxxxxxxxx
xxxxxxxxxxx



Ref. Council Tax:


xxxxxxxxx – Council Tax Account Number

I refer to my letter to your department dated on xxxxxxx. I have just received a letter from xxxxxxx Certified Bailiffs dated xxxxxxx which I am enclosing as a copy with this letter. As per the current state of affairs, I am unsure about certain charges added to my account by the bailiff company. I have asked them for an explanation, but I have been unable to get this.


In that case, I am arranging meeting with one of your Council Tax team members in order to discuss this further. I will also be requesting a run down of payments the Council has received from XXXXX Bailiffs. In the meantime, until the bailiff's demands and charges have been fully investigated and explained to me in writing, I plan to make payments directly to xxxxxx Council starting from xxxxxxx as outlined in my recorded delivery letter posted to your office, dated on xxxxxxx.



Yours Faithfully

xxxxxxxxxxxxxxxxx

Originally Posted by smashedbobo

Hi guys,
Well got a reply to my letter. i enclosed a cheque with it as well for first instalment of council tax arrears. Jacobs have said thy cannot provide me with a breakdown of costs or accpt my proposal of payment as it is now with one of their bailiffs and i would have to ing him to sort it out. And that he has all the paperwork so they are unable to anything. I really do not want ring him. So what now. Any advice please. xxxxxxx

[smashedbobo]

Hi everyone. Please help again. Scared now and at wits end. I sent the letter as advised to jacobs as you know enclosing cq for payment installment. I also asked for a break down of fees. Tis they said they could not do whilst it is in the hands of the bailiff. They then sent me another letter saying that the debt is now at enforcement stage. Last week. I sent them another installment and told them i was only able to pay 33.oo a month. I recieved a reply yesterday from them. Saying

Dear Sir/madam
Re council tax
Due to leeds city council

Further to your recent communication i write to inorm you of the following,

We acknowledge receipt of your letter and note contents therein.

Your account has now progressed to enforcement stage and payment in full is now due.

Therefore, please contact our enforcement bailiff Mr XXXXXXXX (RT) direct on Tele xxxxxxxxxxxxxxx with regard to this matter.

We are unable to give you a breakdown of the account whilst the paperwork is with the bailiff.

Yours faithfully

Jacobs.

Now They have never been in my house and i have never spoken to the bailiff. And when i got home today bailiff has put another letter through my door saying i have 24/48 hrs to contact him or else he will be round with a van and porters to seize my goods. And highlighted he has put if nothing forthcoming he will advise council to put a warrent out for my commital to prison. It also says as i have not communicated with jacobs at all (which is a total lie) why would i have replies from them if i had not had some communication with them. I have already PMed herbie about said bailiff. And he does not appear to be certificated to work with jacobs but another company. Please help. I spoke to council last year and they were so rude i ended up in tears for days. Almost as bad as bailiif company themselves. Also council said the bailiff could charge whatever they liked. I am staying at a friends house as i am so scared. All my doors and windows are locked. Any advice welcome. Thank you

[setmefree]

Prison

This is extremely rare, but if you can afford to make payments to your arrears, then you must otherwise the local authority can ask for your committal to prison. In order to be sent to prison the magistrate must be convinced that you have either 'wilfully refused' to pay the tax or you have been 'culpably neglectful' which means you have had the means to pay but have simply neglected to pay .You will receive a Summons to appear before the magistrates to explain why you should not be committed to prison. Regular payments, even small ones, are a valid defence against imprisonment and the magistrates have the power to write off some or all of the debt. If you do not appear a Warrant for your arrest will be issued.
You have made payments it is not you being awkward,Do not let these idiots into your property,and if you were served a commital notice i cannot see the j.p's acting against you,as you have clearly offered and made payments, as for your council stating Bailiff's can charge what they like that's wrong,perhaps you should remind your council that they are responsible for THEIR Bailiff's actions.

[smashedbobo]

As it happens i have just paid aprils installment for this year to the council direct and on friday i will be able to pay may and junes. And i have sent two payments for 33.00 to jacobs for last years council tax arrears, so its obvious i am not wilfuly not paying my debt. If the bailiff has never been in my house so has not managed to get a walking possesion on my goods could he still break in when i am not there and take things anyway, I am so sorry for asking and i do read this forum like a hawk everyday but my head is so smashed today if the answer is already there somewhere i cant find it. My house i think is secure so will stay at my friends house for another couple of days.

[setmefree]

Originally Posted by smashedbobo

As it happens i have just paid aprils installment for this year to the council direct and on friday i will be able to pay may and junes. And i have sent two payments for 33.00 to jacobs for last years council tax arrears, so its obvious i am not wilfuly not paying my debt. If the bailiff has never been in my house so has not managed to get a walking possesion on my goods could he still break in when i am not there and take things anyway,( no he can't,he can gain entry through an opened window or unlocked door but he cannot force entry )I am so sorry for asking and i do read this forum like a hawk everyday but my head is so smashed today if the answer is already there somewhere i cant find it. My house i think is secure so will stay at my friends house for another couple of days.

You feel free to ask, many good people on here will give you the advice you need.

[smashedbobo]

Thank you so much. I will write another letter to them and copy it to council as well. In a way now i think i would let them take me to court. But i will carry on paying anyhow. Apart from the emotional side of things when i seperated from my husband i had not realised what a massive impact it has made on my finances. Dropped from 2 good salaries to one in a breath. But its taken almost 2 years for the full impact to be felt. Just for once i would like a smaller hole to climb out of instead of what seems like a cavern. Or do i just need longer ladders. Sorry needed i bit of a lighter moment. Thank you all for the advice. xxxxxxxx

[smashedbobo]

Oh ok hang on. Getting my head round this. So even if he does NOT have levy on my goods and he has NEVER been in my house he could still come in through an open window or unlocked door. JUst need to get it right in my head. And just noticed they have added 200.00 to the debt as well. At least dick turpin wore a mask.

[setmefree]

Originally Posted by smashedbobo

Oh ok hang on. Getting my head round this. So even if he does NOT have levy on my goods and he has NEVER been in my house he could still come in through an open window or unlocked door. JUst need to get it right in my head. And just noticed they have added 200.00 to the debt as well. At least dick turpin wore a mask.

Yes he can climb through an opened window or enter through an unlocked door,this would not be classed as forced entry.
Keep all windows shut and keep the door locked.
as for his charges take the letter to the council and insist they act on the threatening behaviour he is using against you. ask for the revenues manager a launch a complaint.
Also you state his certificate does not cover the company he represents,check this with the court where he obtained his certificate from,if this is proven that he is not registered with jacobs then state this to your council and also put a complaint in with the court where he was certificated.

[Herbie]

We have a letter on our website that should be used immediately. As you know CAG are not allowing me to advertise this so instead I will have to pm you with details.

Please ensure that you have written everything down that the bailiff has said. This is toally out of order and a disgrace. If this is how bailiffs are acting BEFORE the TCE Bill becomes law, god help us all . I think I have given you details of the court where he gained his original certificate. They will tel you whether the baiiff has a hearing pending for a new certificate to be issued allowing him to work for his present company.

In any event, if there isn't an application pending, you can of course apply to the present court for a formal complaint as to his conduct, and I quite certain that the Judge would take a very dim view of allowing any new certificate based on his actions here. Please pm if any problems.

[smashedbobo]

everything so far is in writing from myself and from them replying to my letters. And then the two letters bailiff has put through my door. No personal contact at all. And three times i have asked for the breakdown of charges but they will not give it to me. They are trying to force my hand into ringing the bailiff so he can come and do a levy. They say they cannot accept an offer of installments without a levy. Also on the letter from bailiff cheques not allowed and if i pay there office then there will be a charge for using my debit card. Even though they cashed the first cheque i sent them. Strange people. And even though they will not accept installments until such levy is made they are still accepting money i send them. I want to be on there planet. Seems they can make up the rules as they go along. I will do the letter you mentioned. Again thank you. I am feeling somewhat better now. Thought the prozac was going to be given another airing

[Herbie]

Can you let me know the local authority. In addition to having a database of bailiffs, we have many of the contracts between the bailiff company and the local authority. It would be best to pm this info.

Just this morning we issued a formal complaint about the same issue whereby the baiiff was stating that they cannot take cheques....nonsense, and that they have to levy on goods BEFORE alowing repayment proposals (also nonsense).

They do this to ensure that they can get a percentage fee on the debit card and that they can also charge a Walking Possession fee etc. DO NOT AGREE to this.