Please help..."Removal Friday"

[C0NCHORD]

Hi,

I'm hoping someone here can help me as I've been reading these threads for a few days now and I'm still at a loss as to what I should do...

 

I missed payments on a £330.69 council tax bill. I was paying by instalments at £5 a week leaving a balance of £295.69 when handed to Jacobs bailiffs.

I received a letter from Jacobs asking me to contact them to arrange payment. I called them and offered what I could afford (£60 a month) but they refused so I phoned the council and told them this and asked if I could pay it to them but they said I need to deal with the bailiffs.

I have not been back in touch with Jacobs but I have since had a removal of goods notice with a balance of £430.19 on 02/12/09. I then phoned the council again to tell them I would not deal with the bailiffs as they are adding charges on for nothing. The council said that the charges were the £24.50 + £18 for the letters and the rest is an enforcement fee as the bailiff is not from my area and needs to cover his expenses for travelling etc.

I have just had another removal of goods notice put through the door tonight (09/12/09) with an amount due of £480.19. The bailiff has hand written on this: "URGENT, REMOVAL FRIDAY 9AM-3PM"

 

I would be extremely grateful for any advice on what I should do in this situation as it is really starting to get me worried. No-one wants to take my money unless it's the full amount (which I don't have).

[hallowitch]

the rest is an enforcement fee as the bailiff is not from my area and needs to cover his expenses for travelling etc.

 

the bailiff can come from the moon if he likes this makes no difference to your charges

 

has the bailiff ever been in your house do you own a car(not on HP) has he done a Walking possession agreement on it

[C0NCHORD]

I though it sounded a bit dodgy, the person I spoke to at the council even said they had told Jacobs only to charge £90 for this fee as they usually charge a lot more!

 

The bailiff has not been in my house and I do not own a car.

[C0NCHORD]

If I understand correctly, the bailiff should only have charged the £24.50 + £18 and cannot charge any more.

 

If I continue to ignore the bailiff when he comes on Friday and make regular payments to the council online, eventually the debt will be handed back to them?

 

Is it recommended to send the council a letter stating my intentions and reasons for not dealing with the bailiffs (unlawful charges)?

[hallowitch]

If I understand correctly, the bailiff should only have charged the £24.50 + £18 and cannot charge any more.

 

If I continue to ignore the bailiff when he comes on Friday and make regular payments to the council online, eventually the debt will be handed back to them?

 

Is it recommended to send the council a letter stating my intentions and reasons for not dealing with the bailiffs (unlawful charges)?

 

you understand correctly

 

yes write to the council and remind them of

THE COUNCIL TAX (ADMINISTRATION AND

ENFORCEMENT) REGULATIONS 1992 (SI 1992/613 AS

AMENDED BY SI 1993/773, SI 1998/295, SI 2003/2211, SI 2006/3395 AND SI 2007/501

(SCHEDULE 5)

NOTICE OF

CHARGES CONNECTED WITH DISTRESS

1. The sum in respect of charges connected with the distress which may be aggregated under

regulation 45(2) shall be set out in the following Table-

(1)

Matters connected with distress

(2)

Charges

A For making a visit to premises with a view

to levying distress (where no levy is

made) –

i) where the visit is the first or only such

visit £24.50

ii) where the visit is the second such

visit:£18

 

2.—(1) In heads A and B of the Table to paragraph 1, "the relevant amount" with respect to a visit or a levy means—

• (a) where the sum due at the time of the visit or of the levy (as the case may be) does not exceed £100, £12.50,
  

• (b) where the sum due at the time of the visit or of the levy (as the case may be) exceeds that amount, 12½ per cent. on the first £100 of the sum due, 4 per cent. on the next £400, 2½ per cent. on the next £1,500, 1 per cent. on the next £8,000 and ¼ per cent. on any additional sum;
  
• (2) Where a charge has arisen under head B with respect to an amount, no further charge may be aggregated under heads A or B in respect of that amount.
  

and the sum due at any time for these purposes means so much of the amount in respect of which the liability order concerned was made as is outstanding at the time.

 

[C0NCHORD]

Thanks for that hallowitch!

 

Just want to make sure I am clear on what those regulations mean...does part 2(b) only apply if the charges in part 1 (24.50+£18 ) have not been made?

 

Can I be charged 12½% on £100 and 4% on the remaining £195.69 as well as the £24.50 and £18 or are the charges in part 2 only valid if a levy has be done?

 

Sorry if I have made that sound confusing

[hallowitch]

basically they come to your house to levy goods and don't get a levy they can charge £24.50 if they get a levy they charge a levy fee and a walking possession fee but not the £24.50 visit fee

 

same rule applies to 2nd visit

 

if they don't get a levy they cant charge you any more fees no matter how many times they come to your home

 

if they get a levy they can charge a walking possession fee £12 and a levy fee the levy fee is worked out on the amount of the debt

 

where the sum due at the time of the visit or of the levy (as the case may be) does not exceed £100, £12.50, that should be £24.50 it was changed in 2006

when a bailiff charges a walking possession fee and a levy fee he cant charge a fee for any thing else the same day (van fee /enforcement fee and any other fee they care to make up:rolleyes:)

 

they cant charge a 1st or 2nd visit fee after a levy fee either

 

read round a few post and you will find Jacobs will tell you they wont agree to a payment plan unless they get a walking possession agreement

 

there is no legislation to say you have to enter into an agreement before a pay plan can be arranged

Edited December 9, 2009 by hallowitch

[C0NCHORD]

Ok, thanks hallowitch, I understand now.

 

I have read a few posts regarding Jacobs and I would definitely rather not deal with them even if they did agree a payment plan.

 

I think I have decided on my plan of action...

 

1. I will send a letter to Jacobs asking for a screenshot of my account and an itemised breakdown of fees within 7 days. A copy of this letter will also go to the council.

 

2. Once the 7 days have past or when I receive the details of fees (showing unlawful charges) I will forward them onto the council with a letter of complaint asking them to take back the debt with reasonable compensation deducted.

 

 

Does this seem like a good course of action?

 

Thanks again.

[hallowitch]

reasonable compensation deducted

 

change that to unlawful charges deducted

try to pay something to the council using there on-line payment (looks good on you even if its just £5 a week)

[hallowitch]

it was Jacobs bailiff that brought me to to CAG when my daughter had a problem with them I managed to get her problem sorted and her unlawful charges removed with the help of CAG

[C0NCHORD]

I was actually meaning deduction of unlawful charges plus reasonable compensation for being defrauded, or perhaps that would be pushing my luck?

 

I will pay the council all the missed payments up to now in a lump sum then as much as I can afford each week (£15) until the debt is cleared.

[C0NCHORD]

it was Jacobs bailiff that brought me to to CAG when my daughter had a problem with them I managed to get her problem sorted and her unlawful charges removed with the help of CAG

 

Well I'm glad you stuck around to pass on your knowledge after sorting your daughters problem!