Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Below is a leeter of complaint I sent to The local Government Ombudsman,
has anyone else had a similar experience, and does anyone have any advice they could impart?
Ta
Dear Sir/Madam
On 10/11/04, 11/11/04 and 14/07/05 Nottingham City Council obtained
liability orders from the magistrates courts for unpaid council tax. This
remained unpaid until 14/06/06, when Nottingham City Council applied to have the money taken directly out of my Job Seekers Allowance.
This came as a relief to me, especially as I was able to pay back an amount of just under £3 per week, and that I was finally clearing the debt of the amount I had built up when my finances got on top of me.
Oddly, the amount being deducted directly from my JSA ceased, possibly
cancelled by the JSA themselves, this went undetected by myself as it was such a small amount and my JSA is paid directly into my bank account. Nottingham city council failed to contact me to arrange a payment plan, and failed to contact the JSA to arrange setting up a new payment plan. Blissfully unaware of inpending action, I recieved a letter from Jacobs Certified bailiffs whom the council had instructed to recover the debt.
I have written to the department concerned, as instructed I addressed the letter to a Mr. Mitchell, I was then able to speak to Mr. Mitchel with a
follow up call, he told me that in this situation with a liability order
having been issued when it was, his department pass the debt straight onto the bailiffs they employ.
Given that if Mr. Mitchells department had of contacted me with just one
letter to show there was a problem with the payment, or asked me to arrange payment via other means I would have gladly done so, it seems odd that they should pass the matter directly to Jacobs bailiffs.
mr. Mitchells department (City Finance Department) have a record of my
current address, and have done since they applied for the money to be taken directly from my JSA on 14/07/06. I hold correspondence proof of this.
I would have thought that at every junction the debtor would be given the opportunity to arrange payment, or to ammend a failed payment plan given that it may be out of the debtors hands, or outside of their knowledge. Mr Mitchell implied that his department did not have the resourses to do this, yet it had the resourses to instruct Jacobs bailiffs.
I had to phone the department on numerous occasions before I was instructed to put my complaint in writing, on one occasion I was told that a letter was probably sent out, and that if I haven't recieved it it is not the departments problem. This was confirmed by Mr. Mitchell not to be true - no letter had been sent.
I am also very concerned that when the matter is passed back from Jacobs bailiffs to Nottingham City council finance dept. given their record, the council fail to notify me again, their could be a very small window in which they either: Refer the debt to another bailiff firm; or refer the matter to the criminal court for my prosecution and possible imprisonment. both seem absurd actions in the face of my willingness to to pay the council the money I owe at a reasonable rate.
Letter to local gov. ombudsman
,
Reply With Quote
Originally Posted by loz_grain
