Jacobs bailiffs,wanting to change a walking possession

[tomtubby]

just looked and ive got them here

wp 1: £369.71 outstanding

levy and wp fee- £36.00 £12.00

other fees-£24.50 £24.50

balance-£466.71

dated 6/7/09 no time

baliff??? ill have to double check

 

wp2

outstanding £150.53

levy and wp fees £27.00 £12.00

other fees £24.50 £24.50

balance £238.53

date 6/7/09

baliff ????? no time

 

 

There are quite a few inaccuracies concerning the fees charged on both accounts.

 

In the first instance, a bailiff may charge a fee of £24.50 for " attending to levy where no levy takes place". In other words, there was nobody at home at the time of his visit.

 

HOWEVER... if he is able to levy, he can ALTERNATIVELY.... charge a levy fee. He cannot of course charge both fees at the same time !!

 

Secondly, a bailiff cannot apply " multiple charges" for enforcing more than one account at the same time. There is a Detailed Assessment legal ruling to confirm this ( Michael Throssell v Leeds City Council).

 

Thirdly, a bailiff may only levy upon the same goods once !!

 

Finally, under "other fees" you have listed two amounts of £24.50 for each account. I suspect that the bailiff is attempting to charge you a" Head H Redemption of Goods Fee. If so, I would suggest sending a letter to the bailiff company to ask them to confirm under which legislation they believe that they are entitled to apply this charge and ask as well that they confirmed that there local authority client had to make them to apply this fee.

[andy099]

Hi,

Just a quick update, i have e-mailed jacobs yesterday, they have told me it will take them 7 days to reply.

 

*EDIT* is the baliff dealing with the 2 wrong wp's and *EDIT* is the baliff dealing with the new case given by the council.

 

no baliff appeared today, and no letter came through our letter box!

 

andy

Edited October 29, 2009 by 42man
Edited due to placing names on the open forum..

[marley2009]

I had a wp earlier in the year for council tax i finished paying that off and the baliff arrived again wanting money for another council tax bill, different ref number, my husband didnt let him in but paid him £500 at his car and the baliff then got him to sign another wp with the same goods as the last one, are they allowed to do this and if not how do i go about complaining.

[hallowitch]

if the first debt was full paid in full before the 2nd wpa was signed then yes he can do this

 

however there is nothing to stop you sending the bailiff company a request for a screenshot for both your accounts to find out what fees were charged

[marley2009]

thanks can i email them and ask for these.

 

Actual amount £ - 928.33

Levy Fee £52

walking pocessions fee £12

enforcement fee £200

 

what is an enforement fee as they did this last time.

[hallowitch]

what is an enforcement fee as they did this last time.

 

looks like the bailiff owes you £400 then

 

there is no such fee in the council tax (administration and enforcement regulations ) 1992 (amended)

[marley2009]

oh, so i do not have to pay it, how can i tell them, im a sorry i am new to all this and have no idea how to go about sorting this.

[hallowitch]

start your own thread

name it

bailiffs £200 enforcement fee/council tax debt

 

you will get loads of help to sort this

[tomtubby]

I had a wp earlier in the year for council tax i finished paying that off and the baliff arrived again wanting money for another council tax bill, different ref number, my husband didnt let him in but paid him £500 at his car and the baliff then got him to sign another wp with the same goods as the last one, are they allowed to do this and if not how do i go about complaining.

 

Please start a SEPARATE thread for this query.

[andy099]

Hi,

Just an update !

The bailiff came today and the wife told him " where to go " he duely did so after he saw my staffordshire bull terrier and my rottweiler,lol.

I telephoned him and informed him not to come back as perhaps the dogs may be in the garden.

I will as always keep you informed.

[woody1066]

Hi,

Just an update !

The bailiff came today and the wife told him " where to go " he duely did so after he saw my staffordshire bull terrier and my rottweiler,lol.

I telephoned him and informed him not to come back as perhaps the dogs may be in the garden.

I will as always keep you informed.

 

Be very careful about what you say. It could be construed that you are admitting to having dangerous dogs

[andy099]

Hi,

Thanks for the advice but i`m more than aware that you kneed to be careful in what you say ( I used to be in local politics ).

Andy

[andy099]

Hasnt it been a long time,!

I hope everyone had a good Christmas,

Got a very evasive letter back from Jacobs not telling me in any detail of their charges and no information on the bailiff.

I will send another stronger letter,( what do you think?)

Letter sent to council complaining of the unlawful behaviour of bailiffs with regard their charges, ( no reply yet !).

Thanks Andy

[andy099]

Back again,

I`v checked the name on the bailiff employed by Jacobs and according to HMRC they eather dont exist or they are not certificated .

help

Andy

[ploddertom]

Back again,

I`v checked the name on the bailiff employed by Jacobs and according to HMRC they eather dont exist or they are not certificated .

help

Andy

 

Is that using online system - which isn't complete/up to date or have you rang MOJ for definitive answer?

 

PT

[hallowitch]

Ministry of Justice Public Register of Bailiffs on 020 3334 6355

[andy099]

Hi,the chap in which the number is above is on holiday.I telephoned their helpline on 0845 456 8770.The bailiff is not on his records and he recomends I contact the police.

Shall I wait and contact the chap who is on holiday as he is an enforcer on bailiffs?

Ta , Andy.

[Nintendo Pü]

You can report it to police that a conman is pretending to be a bailiff and demanding money. Its an offence under the 2006 fraud act and the 1968 theft act.

 

The police might tell you this is a civil matter.

[andy099]

Hi,iv just been on the telephone and the bailiffs are certified.But i still beleive the fees are wrong any ideas ?

Ta Andy.

[Nintendo Pü]

The law prescribing bailiffs fees for collecting unpaid council tax is the Council Tax (Administration and Enforcement) Regulations 1992 and provides £24.50 for a first visit. He can charge a further £18 for a second visit (if genuinely made). No other bailiff's fees can lawfully be charged if a bailiff has not moved your goods in a vehicle and you have not signed any document consenting to a levy or a walking possessions agreement (currently a flat rate of £10).

The law provides "Reasonable costs" to transporting your goods or vehicle to auction and selling them. If a bailiff asks you to pay a fee for a breakdown of costs under a pretence it is accessing personal data under the Data Protection Act 1998, then you do not owe the bailiff any costs. Culligan -v- Marston Group Ltd et-al, no. 8CL51015, District Judge Avent said - because the Bailiff produced no breakdown of his charges, he is unable to show that it is reasonable costs. Therefore, spuriously named fees such as, van fees, tow truck fees, attending to remove fees and admin fees are NIL. The law does not provide for bailiffs to make a gain for himself or another by transporting your goods or vehicle to auction and selling them.

If a bailiff defrauds you with his fees, he commits an arrestable offence under Section 2 of the Fraud Act 2006. It is called fraud by false representation.

[tomtubby]

There are quite a few inaccuracies concerning the fees charged on both accounts.

 

In the first instance, a bailiff may charge a fee of £24.50 for " attending to levy where no levy takes place". In other words, there was nobody at home at the time of his visit.

 

HOWEVER... if he is able to levy, he can ALTERNATIVELY.... charge a levy fee. He cannot of course charge both fees at the same time !!

 

Secondly, a bailiff cannot apply " multiple charges" for enforcing more than one account at the same time. There is a Detailed Assessment legal ruling to confirm this ( Michael Throssell v Leeds City Council).

 

Thirdly, a bailiff may only levy upon the same goods once !!

 

Finally, under "other fees" you have listed two amounts of £24.50 for each account. I suspect that the bailiff is attempting to charge you a" Head H Redemption of Goods Fee. If so, I would suggest sending a letter to the bailiff company to ask them to confirm under which legislation they believe that they are entitled to apply this charge and also ask them as well to confirm that their local authority client had allowed them to to apply this fee in their Contract.

 

 

 

In October I posted the above reply. Did you use this as the basis for your complaint?

 

If not....you should have done as this reply is entirely accurate.

[reorete]

got a bailiff comin wensday an hes done a levy on my 10 year old sofa an my kids dvd movies ive phoned dukes to ask if they can levy my sofa as i have 3 kids and need it an they said even if i have kids they can levy on it... can they do that?

[reorete]

please can someone please just answer my question as to wether the bailiff can levy on my sofa ,,, im very worried

[ploddertom]

please can someone please just answer my question as to wether the bailiff can levy on my sofa ,,, im very worried

 

See own post

 

PT

[Barbarawoo]

Reorete, it would be best if you started your own thread, it will be picked up much quicker.

 

You realy need to provide more information as to what the baliff is attending you for, council tax, unpaid fine or parking fine.

 

Provide all the information you can, costs, are you single with kids, health issues or benifits.

 

All information you supply now will help the good people here respond quickly if they know the facts, basicly tell the story from how it began.

 

Best of luck

Edited January 11, 2010 by Barbarawoo