Hello, I had a payment plan set up with JBW to pay monthly, I all payments had been met except my February payment was made 2 days late due to me not being paid myself (self employed). Today i had a visit from a bailiff stating that because the payment was late that it has now incurred a £235 fee on top of what was outstanding. The thing that really stings is that i only had 1 payment left to make for a sum of £138 (due end of March) so now the total has sprung back up to £373!! I have spoke with somebody from JBW and said that i had no correspondence from them saying that the matter would be passed to the bailiffs because of the late payment. They said they had text me and emailed me (i received neither!) and that i had to deal direct with the bailiff (who just so happened to be sat in his car outside) about 5mins after my call with JBW the bailiff knocked on saying that he was in the process of getting a van round to remove goods making the debt spiral higher!

I haven't let him into the property (and wont be) but just wondered what other fee's he can concoct to make my bill spiral even higher? I can't believe that it has risen so sharply just because one of my payments was 2 days late out of all the others ive made

Any help appreciated

What type of debt?

Sorry I should of stated, Council Tax

if he has not been in your house or made a list of things outside your home he is not being totally truthful! (read as 'telling porkies!')

How much was the initial debt and how long have you been making the agreed payments for?

I am assuming that the payment arrangement was made on receipt of the Notice of Enforcement and that no previous visit had been made. Is this correct?

Hi, i'm not 100% sure on initial debt but in region of £700 as i had already made some payments to the council and agreed payments have been made since approx Sept. Yes payment arrangement was made on receipt of Notice of Enforcement and no previous visits made

Anybody?

Hello, I had a payment plan set up with JBW to pay monthly, I all payments had been met except my February payment was made 2 days late due to me not being paid myself (self employed). Today i had a visit from a bailiff stating that because the payment was late that it has now incurred a £235 fee on top of what was outstanding. The thing that really stings is that i only had 1 payment left to make for a sum of £138 (due end of March) so now the total has sprung back up to £373!! I have spoke with somebody from JBW and said that i had no correspondence from them saying that the matter would be passed to the bailiffs because of the late payment. They said they had text me and emailed me (i received neither!) and that i had to deal direct with the bailiff (who just so happened to be sat in his car outside) about 5mins after my call with JBW the bailiff knocked on saying that he was in the process of getting a van round to remove goods making the debt spiral higher!

 

I haven't let him into the property (and wont be) but just wondered what other fee's he can concoct to make my bill spiral even higher? I can't believe that it has risen so sharply just because one of my payments was 2 days late out of all the others ive made

 

Any help appreciated

I am sorry to give you bad news but in the eyes of the enforcement company, you defaulted on a payment arrangement. The problem is that most enforcement companies use the same computer system and this will 'throw up' any account that defaults and assign it automatically to a particular enforcement agent. Although JBW have their own unique computer system it nonetheless will 'throw up' a defaulted account.

The enforcement agent can charge just one enforcement fee of £235 and the only other fee that can be charged is a 'Sale Stage Fee' of £110. This charge would apply if the enforcement agent were to instruct a removal vehicle to take away your goods (in almost all cases, a motor vehicle).

If you have a vehicle that is registered to you, it is at risk of being seized.

Given that your account only defaulted by two days it would be a good idea to complain to JBW and most importantly, copy the letter to the local authority.

Hi Capital Con

Unfortunately the extra £235 is now owed

I understand that there is only one payment to pay.

It is harsh, and I would say there would be no reason to chase you as you have made regular payments.

But I suppose there has to be a line drawn some where.

I would go back to the council and see if you can get a sympathetic ear,

and ask for the account to be brought back,

as it is obvious that this was done for the extra Fees.

As previous state if they have not been in your home ,

they can not force entry,

do not let them in,

and move your car away.

Leakie

Thanks for the replies, so can he just call a removal van even if he has no goods secured? I have already wrote to JBW asking them to remove the fee. Another thing I have noticed is that it was handed over to the bailiffs AFTER I had made my last payment!!

Also what will happen if I don't pay the bailiff and he can't secure any goods?

Thanks for the replies, so can he just call a removal van even if he has no goods secured? I have already wrote to JBW asking them to remove the fee. Another thing I have noticed is that it was handed over to the bailiffs AFTER I had made my last payment!!

I am sorry but I may have misread your earlier posts.

To clarify the position, the Compliance fee of £75 is added to the account as soon as the enforcement company receive the instructions form the local authority (or to be more precise, the creditor).

However, the enforcement fee of £235 only becomes payable at the time of the enforcement agents visit. Therefore, if full payment was made for example at 9.45am and the enforcement agent visited at 10am then he cannot charge the enforcement fee of £235. Can you clarify the precise course of events.

Also, do you have a vehicle outside of your property? If so, is it subject to finance?

I am sorry but I may have misread your earlier posts.

 

To clarify the position, the Compliance fee of £75 is added to the account as soon as the enforcement company receive the instructions form the local authority (or to be more precise, the creditor).

 

However, the enforcement fee of £235 only becomes payable at the time of the enforcement agents visit. Therefore, if full payment was made for example at 9.45am and the enforcement agent visited at 10am then he cannot charge the enforcement fee of £235. Can you clarify the precise course of events.

 

Also, do you have a vehicle outside of your property? If so, is it subject to finance?

OK full course of events is as follows:

27th February was my payment date which I missed.

1st March was when I made the payment online by logging into my account on JBW website (how I always paid). Leaving just one payment left to make on March 27th for the balance to of been cleared in full.

14th March I returned home to find a note through the door from bailiff saying a charge of £235 had been added to my account and to contact him direct.

About 5mins after returning home knock on the door said bailiff was there who asked me if I had a car I said I didn't he said he would checks on all vehicles in the street anyway.

While he did this I rang JBW to complain my payment had been 2 days late and to say I would not be paying the £235 fee but I would pay off my account. They refused and said I had to deal with the bailiff now. They also said they sent me a text message and email informing me of further action, this is absolute codswallop as I have checked my spam folder and there is nothing. The only text I received was on 27th February saying my payment was due.

Another knock on the door this time threatening me with if I don't pay he will be calling a van to remove goods which will add further costs. I refused and shut the door on him.

Today I logged onto my JBW account which now says I can't pay online I have to deal with said bailiff, meaning that it was only passed over to him AFTER I had made my payment on 1st March as I was able to log into my account to do so.

The only vehicle that is outside the property belongs to my partner who is the registered keeper, he must of seen us pull up in that as he said he would do checks and if any vehicle was registered to me he would take it.

Are you insured to drive your partners vehicle?

Is the debt solely yours? If it is a council tax debt, and both you and your partner were residents in the property during the period that council tax was due, then sadly, even if the account is recorded i your name only, it will nonetheless be considered a JOINT debt. Many people make this same mistake.

I am named driver on her car. I presume the debt is solely mine, if somebody wants to share it they are more than welcome My partner doesn't live at the address and the account is in my name only

I am named driver on her car. I presume the debt is solely mine, if somebody wants to share it they are more than welcome My partner doesn't live at the address and the account is in my name only

If your partner does not live at the address and you are not married, they can't take her car.

If the payment arrangement was informal, without any signed agreement, then they can't really justify their actions, in regard to a slightly late payment.

Suggest that you pay the council the remaining amount owing by whatever means and make a formal written complaint to the head of revenues at the council. Go to the Local Government Ombudsman if you have to.

If they have never been in the house and there are no goods under control, then the fees are a civil matter between you and JBW. You just can't refuse payment of the council tax to the council. Getting a urgent complaint registered with the council and referral to the LGO might just put JBW on hold. The behaviour of JBW is more about their fees than the tax they are collecting.

If your partner does not live at the address and you are not married, they can't take her car.

 

If the payment arrangement was informal, without any signed agreement, then they can't really justify their actions, in regard to a slightly late payment.

 

Suggest that you pay the council the remaining amount owing by whatever means and make a formal written complaint to the head of revenues at the council. Go to the Local Government Ombudsman if you have to.

 

If they have never been in the house and there are no goods under control, then the fees are a civil matter between you and JBW. You just can't refuse payment of the council tax to the council. Getting a urgent complaint registered with the council and referral to the LGO might just put JBW on hold. The behaviour of JBW is more about their fees than the tax they are collecting.

Thanks, it's not the council tax I'm refusing to pay it's the ridiculous £235 fee they have added. I cannot see how they can justify doing so with no notification whatsoever knowing full well if they had contacted me I would've paid the remainder of the balance off but then they wouldn't of been able to apply their "fee"

Thanks, it's not the council tax I'm refusing to pay it's the ridiculous £235 fee they have added. I cannot see how they can justify doing so with no notification whatsoever knowing full well if they had contacted me I would've paid the remainder of the balance off but then they wouldn't of been able to apply their "fee"

I can understand your annoyance but the fact remains, that there is no provision within the regulations for the company to send you a 'reminder' letter if you default (or are late in payment a payment under your agreement).

Please do keep us updated with the response from the JBW (or the council).

Also what will happen if I don't pay the bailiff and he can't secure any goods?

Nothing.

Nothing.

There is not much they can do apart from to hassle more.

But i would question the process and be making a complaint.

It appears the OP came to payment arrangement after notice of enforcement. The payment arrangement would not have been a signed formal arrangement. With February being a short month, the OP was about 2 days late and the EA pounced with a visit so they could try to claim the extra £235. I wonder how many others they pounced on in exactly the same way.

I think the OP should complain to the council and test this with the LGO. In the meantime the council should accept payment of any remaining tax.

I received a text message from JBW yesterday saying "DO NOT IGNORE THIS MESSAGE, if you do an enforcement agent may re visit your home and further costs added to your account. Please contact us immediately"

So I called them and spoke to somebody where I explained that I will not under any circumstance pay the £235 fee, I did say I would pay the remainder of what was owed on my council tax bill. I told him the bailiff will not gain access to my property and he had no vehicle to seize. He said if I made the final payment and wrote to customer services regarding the late payment situation (I told him I already had) then he would contact a department to look at the case to see about removing the fee. He also said it would stop any further bailiff action for a period of 4 weeks while the case was looked at. I made payment and about 10 mins after doing so I received a text message saying something along the lines of "After your initial payment on 17/03/2016 the agreed plan is 1 payments of £235.00 monthly starting on 17 Apr 2016" I haven't rang them back yet but I certainly didn't "agree" to that!

If you gave your card details, they might just debit the fee. Hope you recorded the phone call ?

If you gave your card details, they might just debit the fee. Hope you recorded the phone call ?

They took the final payment to clear the existing balance which was due on 27th March. The fee which is outstanding is still to be paid. I didn't record phone call, I thought recording calls in UK is illegal?

No you can record calls for your own usage. If you want to use them say in a court, you have to tell the other party you are recording the call.

I received a text message from JBW yesterday saying "DO NOT IGNORE THIS MESSAGE, if you do an enforcement agent may re visit your home and further costs added to your account. Please contact us immediately"

 

So I called them and spoke to somebody where I explained that I will not under any circumstance pay the £235 fee, I did say I would pay the remainder of what was owed on my council tax bill. I told him the bailiff will not gain access to my property and he had no vehicle to seize. He said if I made the final payment and wrote to customer services regarding the late payment situation (I told him I already had) then he would contact a department to look at the case to see about removing the fee. He also said it would stop any further bailiff action for a period of 4 weeks while the case was looked at. I made payment and about 10 mins after doing so I received a text message saying something along the lines of "After your initial payment on 17/03/2016 the agreed plan is 1 payments of £235.00 monthly starting on 17 Apr 2016" I haven't rang them back yet but I certainly didn't "agree" to that!

What you should be doing is putting your complaint in writing. It would be wise to maybe call the company merely to advise them that you are unhappy about the fee and that given the seriousness of your complaint, that you will be sending a letter to the company. If you approach it in this way I would expect the company to make a note on their records. This will hopefully halt any further attempts to contact you.

So that I do not have to read back on your thread, can you remind me whether or not you have a car outside of your property?