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Jacobs Bailiffs Liabilty Order Please Help


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Ok so it's Quarter to 5 in the morning and i have been scouring the net for advice as i cannot sleep so here goes.....

Ok i missed a council tax payment so they demanded the rest of the year in full..No qualms about that as i hold my hands up for neglecting that, so i get court order which i never went to, again me being ignorant.

Anyway i never heard anything about it until yesterday morning i hear a knock at the door, so i go downstairs and there is a letter from jacobs Bailiffs saying in short:

 

NOTICE OF ATTENDANCE TO SEIZE GOODS

Amount Due £630.77 and costs (handwritten in red)

Liabilty order taken against you i have attended your property to seize goods please contact me to make arrangements on how to pay at this stage you can pay by installments etc etc

THEN in red ink £50 circled

 

So i peered out of my window and saw an oldish guy sat in a car who appeared to be filling out paper work then he drove off.

 

This Morning my daughter came to me with another letter posted through the door saying in short:

 

NOTICE OF ATTENDANCE TO SEIZE GOODS

Amount Due £648.77 and costs (again in red ink)

You failed to correspond so final oppotunity to pay Bailiffs by installments if you fail to contact me the matter will be passed on to our Enforcement Bailiffs

THEN in red in £50 circled and 24 hours circled

 

*SIGH* I know it is all my own fault etc but i am too scared to contact these people after the things i have read in this forum. I want to pay my debt and instead of notifying the council of my reasons of mispayment i childishly ignored it but i don't see a way of sorting this without Bailiffs breaking into my house and seizing goods or as the letter says at the back i may get a commital to prison.

 

So is my only way out of this is to liason with the Bailiffs???

Oh and why is there £18 added onto the outstanding balance plus £50 at the bottom of both letters handwritten in red and circled??

 

 

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I don't see why your council wanted the payment in full immediately.

 

They are not court appointed bailliffs they are just a Debt Collecting Agency.

 

1. Don't let them in your house. If you let them in once, then they can break in whenever they want.

2. They can only come during office hours, not at night or weekends or evenings.

3. Start paying the council direct, use their on line payment system. Once they have accepted payments then you should be OK to pay them direct. Pay what you can afford and keep it up, make a payment every month.

4. Write to the council and tell them what you are doing, they will probably be quite nasty and say you have to pay Jacobs, but you don't, they should take the debt back.

5. Don't make any arrangements with Jacobs and be firm with them, they will be very threatening but keep making payments through the council

6. DCA add charge after charge. All they are doing is making their money through people who do pay. They make nothing out of people who don't pay them. The council don't pay them any fees.

 

It's all very scary, I know but be brave and direct everything through the council.

Barclays Bank - filed 27/9/06 £2006.07

Acknowledged 16/10/06

Defence Filed 27/10/06

AR sent 11/11

 

Nationwide

LBA 15/11/06

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Good luck. It's not all your fault at all, it's the system and the nasty way it is administered. There should be much more regulation on DCAs and protection for the victim. Even the police don't know the law and aren't any use in this situation.

 

Make a payment and stick to your guns otherwise it will cost you a fortune.

Barclays Bank - filed 27/9/06 £2006.07

Acknowledged 16/10/06

Defence Filed 27/10/06

AR sent 11/11

 

Nationwide

LBA 15/11/06

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No exactly correct fidji. These are not from a debt collection company, they are proper bailiffs. Usually it is the uncertified bailiff who calls to drop letters, but a certified baliff will attend if payment or an agreement to pay is not made with them.

If you can get the council to take back the debt, the bailiffs fees are still payable.

Edited by Conniff
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No exactly correct fidji. These are not from a debt collection company, they are proper bailiffs. Usually it is the uncertified bailiff who calls to drop letters, but a certified baliff will attend if payment or an agreement to pay is not made with them.

If you can get the council to take back the debt, the bailiffs fees are still payable.

 

They are not court appointed bailliffs and don't have the same powers as them. They use threats and intimidation.

 

Yes, the DCAs fees are still payable but if the council takes the debt back there are less of them.

 

Sorry if I didn't make myself totally clear.

Barclays Bank - filed 27/9/06 £2006.07

Acknowledged 16/10/06

Defence Filed 27/10/06

AR sent 11/11

 

Nationwide

LBA 15/11/06

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They are not court appointed bailliffs and don't have the same powers as them. They use threats and intimidation.

 

Yes, the DCAs fees are still payable but if the council takes the debt back there are less of them.

 

Sorry if I didn't make myself totally clear.

 

They are not DCAs, they are fully court certified bailiffs and have all the power required to collect the debt.

 

When you have a liability order, you lose the right to make payments monthly which is only a concession.

Edited by Conniff
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Oh i dunno what to do now, i went to the council it is their policy not to take back the debt and they actually said the Bailiffs will keep hounding me until it is paid!!

I didn't even recieve a 14 days notice of the Bailiff coming as i have read other people have!

I cannot afford to pay it all in full but nor do i want them in my house to make a Levi on things, i wouldn't mind but only recently moving out on my own for the 1st time everything is still being paid for so they have nothing to take anyway :(

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Whatever you do, don't let the bailiffs into your home.

 

The bailiff will say anything to get money from you as the sooner they can put this to bed, the sooner they get paid.

 

After a few tries, the bailiffs will hand it back to the council if they can see that they will get nothing from you. Make an offer to the bailiffs, but only an offer that you can afford, and pay them there and then with the first instalment. If you pay in cash, make sure you get a receipt.

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Wonder if you have the same council as me as I am curently dealing with Jacobs and their customer service skills leave a lot to be desired...

 

I would fire off this letter

 

Send this one to the bailiffs with you filling in your details

 

re: YOUR ADDRESS

 

YOUR COUNCIL appears to have instructed you to recover unpaid council tax from me.

 

This letter gives you notice that you are not being given peaceful entry to my home or to levy goods contained within and I will not be signing anything for you. This notice revokes your eligibility to charge a Walking Possessions fee or other fee relating to the handling of goods.

 

Due to my circumstances I am unable to pay the debt as you demanded because it is unrealistic. I have sent an affordable payment direct to the council along with a written schedule of repayments.

 

Please be advised it is not a "criminal offence" for me to deny a bailiff entry to my property, the law says I have to settle the debt; it does not obligate me to do business with you. If you suggest to me otherwise I will automatically report you to the police and you may receive a criminal record.

 

I AM NOT REFUSING TO PAY THIS DEBT.

 

Meanwhile please provide me with a written breakdown of your fees you have demanded and put it through the letterbox and quietly leave the property. If your fees are found to contradict Regulation 45(2) of the Council Tax (Administration and Enforcement) Regulations 1992 I will automatically file a Form 4 complaint against you at your certificating court for attempting to defraud me under Sections 2 and 4 of the Fraud Act 2006.

 

This document was sent to you recorded delivery to the above address and a copy was sent to HEAD OF council tax Recovery Dept.

 

Please also supply me with a breakdown of the fee's you have charged me

 

 

Yours Faithfully

 

 

 

 

AND THIS ONE obviously fill in your details to the council and enclose a payment plan that you can afford for the ct you owe

 

Re: your details

On DATE I was visited by your bailiff collecting unpaid council tax who overcharged me with his fees. We were unable to reach an amicable resolve and the bailiff showed threatening behaviour and became vexatious in nature. I also received a letter stating I should pay WHAT THEY ASKED YOU per month to clear the debt which is unrealistic with my present financial state.

 

I now ask the council to:

 

a) Take the case back from the bailiff.

b) Accept my original offer to pay £10.00 extra of what I pay already a week to clear the arrears

c) Pay me a reasonable compensation for my inconvenience and for my efforts in seeking discovery of information and

d) Receiving an over-zealous bailiff acting for you making unrealistic demands of money.

 

If you fail to satisfactorily complete the above I will automatically escalate the complaint to the Local Government Ombudsman in=2 0fourteen days from the date of this letter.

 

Due to my circumstances I am unable to pay the debt as demanded by the bailiffs and I will make payment of £10.00 each week for 249 weekly installments with a final installment of £9.80 This may seem a long time but it's all I can afford and allows me to pay future liabilities without falling into arrears. I confirm I am not refusing to pay this debt.

 

This letter is delivered by Royal Mail and I deem it to be served on you by the ordinary course of Recorded post in the meaning of Section 7 of the Interpretation Act 1978, Please pass this to the relevent person within your organisation.

 

 

The council I live under forced Jacobs to accept my payment offer - but be aware Jacobs have a 'rule' that they will not accept payments unless you let a bailiff come to levy goods as security first - this is of course subject to a fee!!

I told them in polite terms to get bent on this at which they then refused my right to pay via installments - after crying down the phone to the head of the council tax department for 45 minutes when I knew full well as I'd called at 4.45pm on a friday evening he was having to stay late at work to deal with me they made Jacobs accept my offer without levy.

 

Also by the way the old amount + costs they write in red felt tip (oooooo how threatening) is convenient just in case you know what you're talking about and how much they can actually charge you...however as the ever so clever bailiff has written £50 on both yours you have him under

 

Regulation 45(2) of the Council Tax (Administration and Enforcement) Regulations 1992.

 

as for a first visit the fee is £24.50 the next is £18.00 that is all they can charge - they cannot charge you for any subsequent visits unless they have done a walking pocession and are now levying goods so £42.50 max not the 2 x £50 and then he implies + costs so more on top of the £50 he is illegally charging you.

Save those letters they are proof - exercise your rights and file a form 4 complaint for mis-charging.

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