Bailiffs Calling Tonight !!! - Help

[hallowitch]

my daughter pays jacobs £5 per week for council tax wrexham north wales and pays it by standing order through my bank account (never missed a payment ). apox 6 mts ago she finally managed to get her own account and phoned bailiffs to change it over to her own bank account they refused to do this . The reson being that they would have to set it up as a new account and they have stopped taking standing orders and direct debits for new accounts. They told her she could pay over the phone with an administration cost of £2 or at the post office again at a cost

£2.40 i think they said. We left the payment as was coming out of my account . However she recived a letter on friday asking her to phone them as they want her to up her payment AND change her method of payment (to one that is going to cost her i suspect) Before she phones them i need to know if the can legally do this also what happens if she forgets to to pay one week . MY daughter lives with her partner in his mothers house and is worried what will happen if she forgrts to pay

[Josie8]

my daughter pays jacobs £5 per week for council tax wrexham north wales and pays it by standing order through my bank account (never missed a payment ). apox 6 mts ago she finally managed to get her own account and phoned bailiffs to change it over to her own bank account they refused to do this . The reson being that they would have to set it up as a new account and they have stopped taking standing orders and direct debits for new accounts. They told her she could pay over the phone with an administration cost of £2 or at the post office again at a cost

£2.40 i think they said. We left the payment as was coming out of my account . However she recived a letter on friday asking her to phone them as they want her to up her payment AND change her method of payment (to one that is going to cost her i suspect) Before she phones them i need to know if the can legally do this also what happens if she forgets to to pay one week . MY daughter lives with her partner in his mothers house and is worried what will happen if she forgrts to pay

 

 

She can make the weekly £5 payments online to the council direct.

[chris600uk]

she recived a letter on friday asking her to phone them as they want her to up her payment AND change her method of payment (to one that is going to cost her i suspect) Before she phones them i need to know if the can legally do this

 

That's fairly typical of bailiffs.

 

She doesn't have to do anything - you are already doing it, you are paying.

 

The bailiffs live for the moment a debtor misses a payment - it's their opportunity to add charges start harassing you etc, etc.

[tomtubby]

A bailiff co will not be making any money from this account....UNLESS they convince you to change . DO NOT DO THIS. You have an agreement that is NOT in default.

 

I would suggest writing to the company to make them aware that an agreement is in place and will stay that way. Do NOT fall for this.

[letsmakeamark]

If your daughter is paying by s/o then all she has to do is notify her bank of jacobs details and then start the s/o off. Jacobs do not need to know that the bank account has changed. unless of course they are collecting via direct debit. As we now have internet payment there is nothing stopping your daughter from making instant weekly payment from her account. Since the banks have started the fps(faster payment service) Payments take upto 2 hours to credit a account unless you are with the Co-Op or bank of scotland and are a business account holder with lloyds it takes them upto 3 days to credit a account.

Edited November 30, 2008 by letsmakeamark
My a's are not working.

[hallowitch]

over my dead body will i allow jacobs to stop this standing order and will leave it to come out my bank as it has done for over 12 mts . it will take her another 12mth to clear the dept, WHAT gets my back up is jacobs wants everyone to make manual payments . so if your house burns down you have a death in the family e. c. t. dont forget to pay the bailifs because you will be in default then God help you. IT SHOULD BE ILLEGAL for them NOT to accept standing orders or direct debits

[hallowitch]

after reading info on this site, AM write in thinking that bailiffs cant levy on property thats not yours (have receipt to prove p.c. was bought buy my son) but have no receipt for my telly which i gave to my grandson for his bedroom. ALSO they leved same goods twice on same day for 2 different accounts. She did let them into property she lives with in-laws and bailiffs told her if she didn't give them something because the showed her notice of seizure goods& inventory they would levy in-laws property and they would have to prove it was not her property . charges on both are same levy and walking possenssion fees £29 +£12 other fees £30

[chris600uk]

Oh dear!

 

Now the bailiff has been in they can force entry in the future, and can search the premises for goods that they think might be hidden.

 

No they can't charge the same levy for two different accounts but you need TT to confirm that.

 

No they can't seize property NOT belonging to the debtor, but are entitled to assume property in the debtors property is the debtors unless there is evidence to the contrary

Edited February 5, 2009 by chris600uk
didn't make sense

[hallowitch]

sorry don't think i made myself clear my daughter moved out of her rented council house (it was this property that she incurred the council tax arrears) she moved in with her boyfriend and his mum Boyfriends mum is the tenant the bailiff's know daughter is not the tenant BUT he kept saying to her you must have brought something from your old house .She said all she brought from her old house was her sons bed his and her clothes. The bailiff told her that if she did not give him something to levy he would levy THE laptop plasma telly and anything else he could see and it would be up to the owner of the stuff to prove they were not my daughters. SHE told the bailiffs that she had her brothers p.c. and that there was a telly in her sons bedroom that belonged to her mother so he leaved them hope that helps sorry i didn't make myself clear in last post

[chris600uk]

So they've gained entry but she said that nothing in the house was hers?

 

Well that's good but they still have the right of entry to that property from now on until the debt is paid or the bailiffs give it back to the council. TT may have something to add but I think that about covers it

[hallowitch]

my daughter has had a notice of intention to force entry and remove goods they are coming tonight but she has never missed a payment can they do this

Edited January 12, 2009 by hallowitch

[hallowitch]

she has spoken to the bailiff and explained to him that she has not missed a payment. Said he would phone his office and phone her back. He did phone her back and say he was not coming But herd that before so Ive got some questions if they do come What can they take as the have been in and put a Levey on 2 items one belonging to her brother we have paperwork to prove it not hers and a telly i gave to my grandson they can have that this was levied on the 11/7/07 and she has not missed a payment what paper work must they have to take goods away she is not the tenant of the property she only loges there Is the bailif that came to the door t/day certified found this info

 

NOTICE is hereby given

that XXXX, XXX, XXX,

of Jacobs, 4 Europa Blvd,

Conway Park, Birkenhead

CH41 4PE, have applied to

the Judge at Liverpool

County Court for a Bailiff

Certificate. Any person

who knows of a reason why

any of the above are not a

fit and proper person to be

granted a certificate should

write to the Court Manager

at Liverpool County Court,

The Queen Elizabeth II

Law Courts, Derby Square,

Liverpool, Merseyside L2

1XA before 18th January

2009

(taken from newspaper article found on google)

Edited January 12, 2009 by hallowitch
found more info

[fwog]

NOTICE

Is hereby given

 

That XXXX, XXX, XXX,

of Jacobs, 4 Europa Blvd,

Conway Park, Birkenhead CH41 4PE, have applied to the Judge at Liverpool Court for a Bailiff Certificate. Any person who knows of a reason why

Any of the above is not a fit and proper person to be granted a certificate should write to the Court Manager

At Liverpool County Court,

The Queen Elizabeth II

Law Courts, Derby Square,

Liverpool, Merseyside L21XA before 18th January

 

2009

 

 

Hi Hallow witch ,hope thats better

 

Fwog

[hallowitch]

much better thanks well the bailiff didn't come back to remove goods whats there next move i wonder

[cadencealex]

I will write to that address.

 

Those bailiffs are mercenaries, they frighten tiny children and goad people by abusing them.

 

I will write a lovely lengthy letter to them and also ask why they managed to STEAL so much money from us when it wasn't due

[chris600uk]

What can they take as the have been in and put a Levey on 2 items one belonging to her brother we have paperwork to prove it not hers

 

Then you must make out a statutory declaration and have it witnessed and send the bailiffs a copy - they then may not take that item.

 

 

a telly i gave to my grandson

 

Same thing, if it's not the property of the debtor, then they may not levy upon it, but if it's in or on your property the bailiff has the right to assume it's yours until you prove it isn't, and a statutory declaration is the proper way to go.

 

she has not missed a payment

 

Having made an arrangement, the arrangement cuts both ways, and they cannot take any further enforcement action unless you default on the agreement.

 

she is not the tenant of the property she only loges there

 

That's the sort of question you should put to someone like tomtubby/herbie

 

 

Is the bailif that came to the door t/day certified

 

You'd have to check, and if he's not then everything he did was unlawful and you have the right to make a form 4 complaint - check with the ministry of justice the numbers are around somewhere.

[hallowitch]

can someone tell me if the bailiffs fees are correct for this

outstanding £192.20

levy and walking possession fees £29/£12.50

other fees £39

balance £270.20

second account

outstanding £192.38

levy and walking possession £29/£12.50

other fees £39

balance £272.38

both done on same day 11/7/07 same items Levy on both accounts any help would be gratefully appreciated because i would like to pay this off for her but i am not paying charges if she does not owe them

[chris600uk]

Have you challenged the levy's?

 

You said that they were not the property of the debtor.

 

That would make the charges incorrect.

Edited January 13, 2009 by chris600uk
missed a bit

[hallowitch]

I will write to bailiffs t/day confirming it is my telly and that i gave it to grandson. As for the p.c. it belongs to my son who works in construction and only comes home once a month but we have the proof of purchase (she actually showed receipt to bailiff and he said well i have to levy something) the Receipt is in her brothers name and has my address on it. What should i write and do i send photo copy of p.c. agreement

[chris600uk]

It might be better if your daughter has a statutory declaration witnessed, stating in each case that the item levied upon isn't her property, and pointing out why. That'll cost a fiver each time to be witnessed - and should solve the problem.

[chris600uk]

The problem with getting into offering the bailiffs evidence of this, and that - is that they will start making life difficult - for instance, frequently they will seize a car the debtor doesn't own and then ask for the V5, Insurance documents, and the purchase invoice, as a condition of amending the fees.

Imagine telling each potential visitor to your house that they must bring the registration/insurance/purchase documents to their car, or even posting a notice outside the house that anyone parking nearby should deposit such documents at your house!

 

A bit extreme I know, but you get the point?

 

Start as you mean to go on - don't allow them to push you around

[hallowitch]

how does she do this is it through a solicitor if it is getting her brother to solicitor is going to be a problem because of his job (thanks for the quick reply.) I have been paying this by standing order through my bank account for 18 months with no problems never missed a payment. This all started again because they wanted to change her method of payment and she refused Because of this i found this site and would have carried on paying it and just assumed there fees were correct. She phoned the council and the told her that she still owes them £152. bailiffs balance is £287.58 can i pay the council there money then question there cost i am worried that they will stop collecting the standing order thus putting her in default

[chris600uk]

how does she do this is it through a solicitor if it is getting her brother to solicitor is going to be a problem because of his job (thanks for the quick reply.)

 

If your daughter is the debtor then the only person who needs to have a statutory declaration is the debtor - stating that the item seized is not her property.

 

I have been paying this by standing order through my bank account for 18 months with no problems never missed a payment.

 

You are in control of the standing order - I can't see how they can stop it at their end short of closing the account you are paying it to.

[chris600uk]

The reson being that they would have to set it up as a new account and they have stopped taking standing orders and direct debits for new accounts.

 

 

They would do that because they can't control standing orders, and direct debits require them to call for the money.

Doesn't leave much room for jiggerey pokery does it - therefore little scope for increasing the fees.

[chris600uk]

You must challenge the unlawful levy - that is the only way to get the fees reduced to their proper figure, and then you may find that you don't owe very much at all.