Jacobs and c/t

[jo1lygrngiant]

Thanks hon. If it wasnt for your articulation, I would be nowhere.. I'm more of a hands on person, and writing letters / emails etc, would leave me bewildered..

 

Give me a computer to fix any day of the week lol..

 

Will send this off now, and let you know of the outcomes, both from jacobs, with the partner letter, and also this one to the council.

 

thanks again, have a great day

be safe

nige

[hallowitch]

not 100% sure about this

 

 

Charging for debt collection

 

2.10 (a) claiming collection costs from a debtor in the absence of express contractual or other legal provision

 

b. misleading debtors into believing they are legally liable to pay collection charges when this is not the case, for example, when there is no contractual provision

 

c. not giving an indication in credit agreements of the amount of any charges payable on def

 

d. applying unreasonable charges, for example, charges not based on actual and necessary costs

 

e. applying charges which are disproportionate to the main debt.

 

you might find something here to help you

Professionalism and conduct of the enforcement agent

 

• Enforcement agents should always produce relevant identification on request, such as a badge or ID card, together with a written authorisation to act on behalf of the creditor.
  
• Enforcement agents must act within the law at all times, including all defined legislation and observe all health and safety requirements in carrying out enforcement. They must maintain strict client confidentiality and comply with Data Protection legislation and, where appropriate the Freedom of Information Act.
  
• Enforcement agents, for the purpose of distress or execution shall, without the use of unlawful force, gain access to the goods. The enforcement agent will produce an inventory of the goods seized and leave it with the debtor, or at the premises, with any other documents that are required by regulations or statute.
  
• Enforcement agents must carry out their duties in a professional, calm and dignified manner. They must dress appropriately and act with discretion and fairness.
  
• Enforcement agents must not misrepresent their powers, qualifications, capacities, experience or abilities.
  
• Enforcement agents must not discriminate unfairly on any grounds including those of age, disability, ethnicity, gender, race, religion or sexual orientation.
  
• In circumstances where the enforcement agency requires it, and always where there have been previous acts of, or threats of violence by a debtor, a risk assessment should be undertaken prior to the enforcement agent attending a debtor's premises
  

Vulnerable situations

 

• Enforcement agents/agencies and creditors must recognise that they each have a role in ensuring that the vulnerable and socially excluded are protected and that the recovery process includes procedures agreed between the agent/agency and creditor about how such situations should be dealt with. The appropriate use of discretion is essential in every case and no amount of guidance could cover every situation, therefore the agent has a duty to contact the creditor and report the circumstances in situations where there is potential cause for concern. If necessary, the enforcement agent will advise the creditor iffurther action is appropriate. The exercise of appropriate discretion is needed, not only to protect the debtor, but also the enforcement agent who should avoid taking action which could lead to accusations of inappropriate behaviour.
  

[jo1lygrngiant]

I can remove the 2.10 parts a, and b from the email. That isnt a problem.

 

As for the remainder you kindly sent, at the moment I dont think it applies, as he has not entered the property, and never will basically.

 

The only issue I have is the vunerable situation. I have only spoke to this guy on teh phone, never seen him, and dont want to personally. so i'm not 100% sure what I could do with that info.. but thanks for sending it anyhow

 

I have tipped your scales hallow, but it wont let me do it again for you andie, till i spread some 'love' around. Please rest assured when I can I will

 

thanks again friends

 

be safe nige

[hallowitch]

What worries me greatly is I have been given a different set of amounts by Mr Bailiff that was acting on behalf of Jacobs Bailiffs AND xxxxxx council

[jo1lygrngiant]

UPDATE

 

Just received a email off Jacobs, saying the following.. This is in receipt of the mail to the partners..

 

Dear Mr JGG

JACOBS REFERENCE NUMBERS:- xxxx & xxxx

Please find attached a copy of statements for your account which have also been sent in the post.

We have been instructed by the Local Authority to collect the above accounts on their behalf and so all payments regarding said accounts should be made to us. We have been notified by Salford City Council of one payment made to them of £250.00 and have adjusted your account accordingly. If you are disputing the accounts then please contact them direct.

We are not governed by the Office of Fair Trading and as we are acting on a Liability Order issued by the Magistrates Court our actions are not harrassment.

Mr Bailiff has returned your accounts to our office, however we are unable to return the accounts to Salford City Council unless instructed to do so by them. In order to prevent further recovery action, please contact our office immediately with your sensible proposals to clear the outstanding balance.

We trust the above is satisfactory and look forward to speaking to you soon.

Yours faithfully

JACOBS CERTIFICATED BAILIFFS

[jo1lygrngiant]

One sece, whilst I upload the statements..

[andie_303]

Whilst they may not be "governed" by the OFT you have every right to make complaints which may or may not be acted upon or used as a decider when it comes to issuing a licence.

 

And for my part that stupid comment is now worth a response akin to - OK well you're not governed by the OFT but you and your bailiffs are governed by the court so a Form 4 complaint is coming your way.......

[jo1lygrngiant]

 

Letter re 2008/9's account

 

 

Statement of fees. No mention of the visit on the 9th October

 

 

Letter re 2009/10's account

 

 

Statement of fees. Again no mention of the visit on the 9th October

Edited October 23, 2009 by jo1lygrngiant
Mistakes made when posting originally.. Pulled my finger out this time ;)

[andie_303]

JGG - they're all the same link

[hallowitch]

the bailiff cant charge visit fees on the same day for both accounts

multiple charges are not allowed

[jo1lygrngiant]

Surely, if the OFT have issued guidance to the consumer credit licence holder in the debt ocllection industry, then Jacobs are goverened by them?, or am I reading this the way I want to read it, and they are not governed by them?

 

Link to this is www.oft.gov.uk/advice_and_resources/resource_base/legal/cca/debt-collection

[jo1lygrngiant]

yep sorry re the link andie, made a almighty ahem mistake.. fixed it now though.

[jo1lygrngiant]

the bailiff cant charge visit fees on the same day for both accounts

multiple charges are not allowed

 

Even if they cannot charge visit fees on teh same day for both accounts, wouldnt they have mentioned a visit date on the actual statement?, or would this be shown on the screen shot?, which is the next thing i'm thinking of asking for

[hallowitch]

yes a screenshot gives you the reason for the charge the name of the bailiff that added the charge and the date and time the charge was added

[jo1lygrngiant]

would that show all activity.. ie details of conversations, letters etc?, if not would a sar do the trick?..

 

I really want to know why this guy put those figures on the account.

 

apologies for all the questions..

 

thanks again nige

[hallowitch]

would that show all activity.. ie details of conversations, letters etc?, if not would a Subject Access Request do the trick?..

it wont show details of conversations

you have a copy of the letters from the bailiff showing the extra charges he added

I would write a letter to the court that certificated him and send copy's of the letters from Jacobs with there charges and his letters with his charges and ask if it be can put on his file for the judge to see when he next renews his certificate

[jo1lygrngiant]

thanks hallow. Consider it done. Well it will be on Monday. I really need to start work now, been working on this since approx 6am this morning, and have done none of my usual work.. .. Looks like its going to be a long hard slog till about midnight to play catch up lol

 

thanks again. have a great day.

speak soon. be safe nige

[hallowitch]

and if i don't go do some housework before hubby comes home from work he will be asking if i have been sitting at my laptop all week (as if)

[jo1lygrngiant]

ha.. same here hallow. ive got customers chasing me left right and center for their computers.. phone going literally non stop, with customer queries, currently working in 5 pc's and a laptop.. just not enough hours in a day.. ahh well..

[hallowitch]

ha.. same here hallow. Ive got customers chasing me left right and centre for their computers.. phone going literally non stop, with customer queries, currently working in 5 pc's and a laptop.. just not enough hours in a day.. ahh well..

 

 

i wish you lived near me then you could fix my sons laptop

he dropped it and the hard drive broken

he his well pxxxxd as it has photo's of a work injury on it and really needs them a well known firm has said it will cost £100 to recover them

[jo1lygrngiant]

hi hon.. is the hard drive still spinning?, if so, theres a good chance, you can still get the pics and any data off it.

[jo1lygrngiant]

Hi guys, Just an update for you.

 

After sending off the email, that Andie kindly wrote for me, and having no response off them, I sent a chasing mail on Monday.

 

Just received a call off the council, stating that as long as I pay jacobs their fees of £42.50, the council will accept the account back off jacobs.

 

The council also, want a total breakdown of my income, which is all benefit related in any case.

 

So a cheque, is winging its way over to jacobs, the account will be passed back to the council, and alls well again

 

Thank you so much once again for all the help, I really do appreciate it

 

Take care for now

be safe

nige

[hallowitch]

Hi guys, Just an update for you.

 

After sending off the email, that Andie kindly wrote for me, and having no response off them, I sent a chasing mail on Monday.

 

Just received a call off the council, stating that as long as I pay jacobs their fees of £42.50, the council will accept the account back off jacobs.

 

The council also, want a total breakdown of my income, which is all benefit related in any case.

 

So a cheque, is winging its way over to jacobs, the account will be passed back to the council, and alls well again

 

Thank you so much once again for all the help, I really do appreciate it

 

Take care for now

be safe

nige

 

 

result well done

[andie_303]

yay - result - good on you for persisting on this - another loss for Jacobs - oh how sorry I feel for them with Christmas coming their gonna be stuggerling

[jo1lygrngiant]

thanks again ladies. if it wasnt for your help, id be floating in flotsom lol

 

have a great day

be safe

nige xx