Jacobs (again!) need some advice asap please!

[schmoodles]

Hi all,

I've read some of the other threads and they have provided great advice, but, I just need to clarify a few things to make sure I'm right.

I owed year 2008/09 council tax, I couldn't pay and it was referred to Jacobs bailiffs, despite my offering a realistic payment plan to the council. I made a payment plan with Jacobs, they demanded £200 per month but I got them down to £90, which I paid a few installments of. Despite me asking them to send me a card (as they advertise on their web site as a payment method) or slips they didn't even reply, so I paid by postal order, costing me more money, which was even more of a struggle. I then became ill, I can't work due to constant anxiety and stress, I had panic attacks at work and am signed off by my GP, I also have mental health issues that have caused me distress. Now when I couldn't keep to the plan I wrote to Jacobs, they ignored my letter, I recieved a final notice and again wrote, again no reply, with hindsight I should have sent them recorded delivery, but it's too late now. Anyway, today a bailiff called and left a 'Removal of Goods' notice. Stating what I owe and that I have 48 hours to pay up the £1112, I rang the number and told him my circumstances, that I have a 5 year old child and that didn't have hardly anything. I asked if I could pay something. He said that I had to pay it all and to try and borrow it from someone. When I said I couldn't he said that they would call and if I was out they would get a locksmith to pick the lock to gain entry and then take what was there. I asked him to give me a time/day when they would call as I don't want my daughter here to witness it. He said it would be Saturday (today is Wednesday so 48 hours would be Friday right? I think it's a trick) and that they would get there when they got there and repeated the bit about the locksmiths, adding that the police would be in attendance to assist them. I then asked wouldn't it be easier to just tell me when they were coming so I could open the door, he said it didn't matter either way because they would get in and there was nothing I could do to stop them and repeated that the police would be there to help them. I then asked if there was anything I could do, he said that he could talk to me all day, but short of handing over the full amount there was nothing anyone would do to help me. I then said that the goods I have in the house would barely cover the cost of the diesel to get here, he replied that if that was the case and the sale of my goods didn't cover the debt then I would go to prison, and did I know that it was a criminal offence to not pay council tax. I replied yes, but that doesn't help when I didn't have the money in the first place does it? He declined to answer that question. I became very stressed during the call and was tearful, which was something I really didn't want to do but was powerless to stop and had to mumble 'goodbye' due to the onset of a panic attack.

After reading some of the advice on here and other websites I have emailed Jacobs telling them what the bailiff said and saying that I will not permit 'peaceful entry' to my home, and that as I have neither the funds nor the assets to clear the debt, requested that that they return the debt to the council and I would negotiate with them. I said that I was not refusing to pay the debt, but due to my circumstances could not pay what they were asking. I basically said there was no point sending the bailiffs to recover as I would not let them in and that the police would only be in attendance to ensure there is no breach of peace, as I read that on a website. Is that right? Can I refuse them entry even for council tax, or will the police assist them and pick the lock to get in? And should I write to the council myself? Please help me with this as I am at my wits end and it's really distressing me. Am I considered a vulnerable party because I am a single parent and suffer with a mental illness (have been previously hospitalised)?

Many thanks if anyone can help ASAP XX

[scatz1972]

Hi , are you in receipt on income support? if you are you could apply to have the debt taken direct from your benefit.

 

Okay you could be considered as vunerable according to the National Standards for Enforcement Agents as you are a single parent.

 

Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

 

However I would say that you are definately vunerable as you are suffering from a mental illness.

 

If I was you I would speak to the local council as sson as possible and ask them to take back the debt, give them an account of your income/expenditure and give them a reasonable maintainable offer to clear the debt. Tell them that you are asking for them to take the debt back from the bailiffs as you are a vunerable person according to the National Standards for Enforcement Agents as firstly you are a single parent, plus you suffer from a mental illness.

 

Also send a letter to the bailiff company copying most of what you said to the local council, ask them to return the account to the local council as you believe that you fall within the vunerable catagory of the National Standards for Enforcement Agents and that a vist to your property would cause you extreme stress and anxiety.

 

Send all letters recorded, keep copies, send duplicates of all letters that you send to the bailiff to the council .

 

Lastly the bailiff cannot force entry and remove your goods unless they have been given peaceful entry. A bailiff CAN however gain entry through an open window door etc.

 

If you have a car do not park it anywhere near you home, otherwise they will levy on it.

 

Keep all doors and windows closed and dont open the door to the bailiff if they call. If you do open the door then may attempt to put their foot in it, to stop you closing the door and possibly gain entry.

 

The fees that a bailiff is allowed to charge you for the collecting of council tax is set in a statutory fee scale.

 

The Council Tax Administration & Enforcement (Amendment) 1993. Si 773 amended by Si 295 0f 1998, Si 768 of 2003 and Si 3395 of 2006

 

First visit fee: £24.50 This is for a first attendance to levy but where a levy does not takes place. (For example where you are not in)

 

The bailiff can charge a levy fee if they levy but he cannot charge both amounts on the same occasion.

 

Second visit fee: £18.00 Despite any further visits, the bailiff can only charge for a maximum of 2 visits.

 

Levy Fee: Under this heading the bailiff can charge £24.50 for the first £100, and 4% on the next £400 etc.

 

First £100 £24.50

Next £400 @ 4%

Remaining £100 @ 2.5%

 

Walking posession order £12

 

This is the link to the nationaldebtline website, which shows the complete fees a bailiff can charge whilst collecting council tax , they are at the bottom of the page.

 

http://www.nationaldebtline.co.u k/england_wales/factsheet.php?page=02_bai liffs_and_council_tax

[scatz1972]

Your local MP's are a great port of call also, I never valued mine until I encountered a similar scenario to yours, so I urge you to give yours a call!

[schmoodles]

Ok thanks to who replied but for some reason when I click on the thread I can't see the replies! Can anyone PM me to let me know if I'm doing something wrong please, I can see replies on the other threads just not this one! Can anything else go wrong?.....lol thanks XX

[schmoodles]

scratch that when I posted that it came up with the other replies

[schmoodles]

Thanks, that's helpful, i know they are trying to scare me but I just wasn't sure if they could gain access with me already agreeing to pay then not being able to. I will write to the council tomorrow and ask them to take back the debt and to arrange to pay off what I can afford XX

[schmoodles]

And I'm on SSP at the moment so I'm not entitled to IS I can't claim any other benefit on SSP.

[schmoodles]

Ok so I've sent letters recorded delivery to Jacobs and the council, he has been at least 3 times today and left now a 24 hour notice of removal of goods. I'm terrified I have to go out early in the morning but need to came back and get changed and go and pick my daughter up then bring her home, This will push me into orbit and I doubt I could open the door even if I wanted to as each time he's banged on the door today I've gone to peices. I've got copies of the letter I sent to them and the council and I thought I could tape one to the front door as I leave and then they can see for themselves, I'm not sure how much good it will do. What can I do if he tries to force his way in while I'm bringing my daughter home? There's no where else we can go. i can't have her here while he bangs on the door and seeing me like that. I'm at my wits end. I did speak to a police officer today and he said they will only attend if there is an actual or threat of breech of the peace, and that they will only be there if the bailiff has a court warrant to gain entry. I don't know if I've had a court summons I don't think I have but certainly not in the past couple of months, I tend to panic and hide them when they come through the door, part of my problem mentally i suppose. Why can't they just see that I'm trying and stop hounding me, if they had let me drop my payments a little then I'd never had to have gone off sick because the stress is just intollerable.

[hallowitch]

has he actually been in to levy goods at any time

[scatz1972]

And I'm on SSP at the moment so I'm not entitled to IS I can't claim any other benefit on SSP.

 

Are you sure about this, I would have thought that you would have been allowed to claim council tax benefit etc.

[scatz1972]

Here is an online calculator to see if you may be entitled to any other benefits

 

Start Calculation

 

Also are you claiming your 25% reduction in council tax as your single?

[schmoodles]

I don

[schmoodles]

Gremlins again with the computer! Sorry! It is steam powered! They have never been in, I arranged the origional payments by phone and post and this is the first time i have had them at the door. They did try once and left me a 48hour notice but I had paid and had proof of payment so when I phoned them they tried the hard man tactics but when I said that I had paid via cheque (my mum sent the cheque and I paid her) and read the cheque number out they said it was a clerical error. So no they've never been in to levy goods.. The council are currently 'investigating' my claim for HB and CTB, and have been since the first week of January, and because they say it will be 'backdated' IF I'm awarded, I can't claim anything else to help me while I'm waiting to hear, so I'm living on SSP of £75pw and child allowance and tax credits, it's less than £100 pw, my rent is £125. Thanks for al your help so far.

[schmoodles]

I am recieving 25% single persons reduction on council tax. It's still nearly £100 pcm and I only missed 1 payment and I told them that I had been unable to work because my daughter was ill and I had lost a weeks wages. The council said that as I had gone not kept to the installments my 'right' to pay by them was removed and if full payment wasn't recieved in 14 day they would pass it onto the bailiffs. Which they have. What are the chances of them reffering me back to the council? I have asked to be regarded as a vulnerable debtor due to single parent status and mental illness.

[p4ul]

Gremlins again with the computer! Sorry! It is steam powered! They have never been in, I arranged the origional payments by phone and post and this is the first time i have had them at the door. They did try once and left me a 48hour notice but I had paid and had proof of payment so when I phoned them they tried the hard man tactics but when I said that I had paid via cheque (my mum sent the cheque and I paid her) and read the cheque number out they said it was a clerical error. So no they've never been in to levy goods.. The council are currently 'investigating' my claim for HB and CTB, and have been since the first week of January, and because they say it will be 'backdated' IF I'm awarded, I can't claim anything else to help me while I'm waiting to hear, so I'm living on SSP of £75pw and child allowance and tax credits, it's less than £100 pw, my rent is £125. Thanks for al your help so far.

Then he cant force entry.

 

You say hes been 3 times today, i thought they could only make 1 visit

[schmoodles]

Yes, I can stand and see who it is without being seen, he called twice and then I went out and there was a 24 notice when I returned a few hours later.

[schmoodles]

no bother anymore thanks for helping though XX

[schmoodles]

I wrote to Jacobs and the Council, recorded delivery, expalined my mental health problems, financial situatuion and the intimidation that the bailiff had put me through, today I received a letter from Jacobs tellign me to get in touch with the bailiff concerned regarding my offer to pay by installments (which I didn't offer to them, I stated in the letter that I would pay the council) and a letter from the council saying that they have taken the debt back on the condition that I pay £40 per month, seeing as this is less than half of what Jacobs wanted I've started already! Moral of the story - do not trust a bailiff, even after they knew that my debt was being returned to the council they still are trying to get me to deal with them. I stupidly thought that even though they do a nasty job, they were proffesional and would treat me fairly. Little did I know, if I ever have the misfortune to deal with these scumbags again I shall record everything and go to citizens advice immediately.

 

:oops:Thankyou so much for all the advice given, I would have hidden, terrified behind my door and probably ended up on a pschiatric ward if it wasn't for you kind and patient people. XXXXXXXXXX

[scatz1972]

I wrote to Jacobs and the Council, recorded delivery, expalined my mental health problems, financial situatuion and the intimidation that the bailiff had put me through, today I received a letter from Jacobs tellign me to get in touch with the bailiff concerned regarding my offer to pay by installments (which I didn't offer to them, I stated in the letter that I would pay the council) and a letter from the council saying that they have taken the debt back on the condition that I pay £40 per month, seeing as this is less than half of what Jacobs wanted I've started already! Moral of the story - do not trust a bailiff, even after they knew that my debt was being returned to the council they still are trying to get me to deal with them. I stupidly thought that even though they do a nasty job, they were proffesional and would treat me fairly. Little did I know, if I ever have the misfortune to deal with these scumbags again I shall record everything and go to citizens advice immediately.

 

:oops:Thankyou so much for all the advice given, I would have hidden, terrified behind my door and probably ended up on a pschiatric ward if it wasn't for you kind and patient people. XXXXXXXXXX

 

Well done you