Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder braben199 Novitiate

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    Default Bailiff refuses payment plan

    Re: Council Tax and Jacobs

    Hello,

    We already asked the council to take back the debt, but they refused.

    Jacobs asked for a monthly expenditure list so we could come to an agreed payment plan. We sent it recorded delivery and offered them 50 per month, as thats all we can afford, and even thats pushing it.

    Despite seeing that we can't afford more than 50 pm, Jacobs have replied saying they want a minimum of 100 per month, and this amount is non-negotiable.

    Are there any options left open to us, as we cannot afford 100 pm. Should I write back to Jacobs restating our 50 pm offer is the maximum and if they refuse to accept that offer we will have no option but to wait until the debt is recalled by the council, and make repayments to the council instead? I'm not bothered about visits and letters because I know the drill - don't let 'em in etc.

    Thanks to anyone who can offer advice.


  2. #2
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    Default Re: Bailiff refuses payment plan

    Quote Originally Posted by braben199 View Post
    .......I'm not bothered about visits and letters because I know the drill - don't let 'em in etc....
    That's the funniest and most satisfying statement I've read in a while.

    This is an indication that the word is getting around as to the effectiveness of these council appointed bailiffs.

    You said the council refused to take the debt back, this is meaningless as far as I can see. All you need to do is pay them regardless. Use internet banking, pay online, any method that pays directly into their account.

    The most important thing to watch out for besides letting them in as you already know is to keep them from levying on items outside your property, vehicle etc. They will most probably levy on a vehicle that doesn't belong to you, (and without your knowledge) but this is of no consequence to you as any charges can be ignored/disputed now you're aware of it.

    Others will advise further.


  3. #3
    Basic Account Holder braben199 Novitiate

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    Default Re: Bailiff refuses payment plan

    There's a few things I forgot to ask. Can they take a car that has finance still owing on it? Can they take a car that is registered to another person but parked at the debtors house? And finally, even though the council fobbed us off saying the debt is with Jacobs now, is there a way to just start making payments direct to the council online and bypass the bailff altogether? And if so how?

    Again thanks for any help offered


    EDIT: Thanks outlawla, I must have been writing my follow up as you replied as you covered some of the questions I asked


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    Default Re: Bailiff refuses payment plan

    no.
    no.
    use the details on the reverse of the correct ctax bill

    tell us a bit more about this.

    i bet you've been had for unlawful fees

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  5. #5
    Basic Account Holder braben199 Novitiate

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    Default Re: Bailiff refuses payment plan

    Thanks dx100uk. Thats what I suspected re: cars and finance. I will have to dig out the original c/t bill to set up online payments, but in the meantime (and if online payment isn't an option) should we re-submit an offer in writing to Jacobs for 50 pm and state thats non-negotiable to them! Its just that they want a first payment of 100 by Monday (we can't afford that much), so that only leaves us tomorrow to get another recorded delivery letter sent off in time. As for their fees, I think they've only added on one fee for their first visit.


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    Default Re: Bailiff refuses payment plan

    Quote Originally Posted by braben199 View Post
    There's a few things I forgot to ask. Can they take a car that has finance still owing on it? Depends what type of finance it is Can they take a car that is registered to another person but parked at the debtors house? As long as this is a separate 3rd party - No - although it will not stop them as they are allowed to assume it may be yours, but face that if & when it happens. And finally, even though the council fobbed us off saying the debt is with Jacobs now, is there a way to just start making payments direct to the council online and bypass the bailff altogether? And if so how? You may pay the Council direct via internet banking, the Council website, the Council automated phone line & you can even take it in cash to the Council office where refgardless they are obliged to accept it - if not you take the name of the person and report them for refusing to take payment. You may have to allow for some Bailiff fees if you do any of this - max fee payable 42-50 providing he does not make a levy of any description.

    Again thanks for any help offered


    EDIT: Thanks outlawla, I must have been writing my follow up as you replied as you covered some of the questions I asked
    Do you have Jacobs refusal in writing? If so contact your local Councillor(s) and explain to them, any refusal or reluctance you go over their head to the Leader of the Council and his opposite number.

    PT

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  7. #7
    Basic Account Holder braben199 Novitiate

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    Default Re: Bailiff refuses payment plan

    Yes, we just received the letter today stating their refusal to accept our offer. They said its non-negotiable and we have until monday to make the first payment.


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    Default Re: Bailiff refuses payment plan

    Just remembered something you might want to watch out for regarding payments to the council. Be careful which years liability your payments are allocated to. Specify your preference.

    I posted something relevant to this on another thread today. Jacobs Bailiffs post #17.


  9. #9
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    Default Re: Bailiff refuses payment plan

    Quote Originally Posted by braben199 View Post
    Yes, we just received the letter today stating their refusal to accept our offer. They said its non-negotiable and we have until monday to make the first payment.

    That may well come in handy when you send a Formal Complaint to the council CEO, and leader, as they are supposed to take account of what a debtor can reasonably afford, as per an IOS


  10. #10
    Basic Account Holder braben199 Novitiate

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    Default Re: Bailiff refuses payment plan

    Quote Originally Posted by brassnecked View Post
    That may well come in handy when you send a Formal Complaint to the council CEO, and leader, as they are supposed to take account of what a debtor can reasonably afford, as per an IOS
    Sorry for my ignorance, but what is IOS?

    I will write a letter of complaint to the council CEO tomorrow and attach a copy of the bailiffs refusal letter. Should I ask the council to either recall the debt so I can pay them direct, or ask the council to instruct Jacobs to accept our offer?


  11. #11
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    Default Re: Bailiff refuses payment plan

    Quote Originally Posted by braben199 View Post
    Sorry for my ignorance, but what is IOS?

    I will write a letter of complaint to the council CEO tomorrow and attach a copy of the bailiffs refusal letter. Should I ask the council to either recall the debt so I can pay them direct, or ask the council to instruct Jacobs to accept our offer?
    Sorry, I should have put Income and Expenditure Sheet, a list of your ougoings and income, ang the amount left after priorities are paid they are supposed to take it into account, but in their greed they will ignore it and ramp up the pressure sending many people into the arms of loan sharks to get money to pay the bailiffs outrageous demands.

    As you know the pack drill so the bailiff will be out of luck with you.



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