Jacobs Bailiffs fees

[martoneuk]

Hello,

 

I am being chased by Bailiffs for an outstanding council tax bill.

 

The orginal bill was £516 which this week I paid direct to the council.

 

Jacobs are now chasing me for £172.50 fees, rather silly of me, I did sign a Walking Possesion order in March.

 

Fees are:

 

£24.50 1st visit

£12 WP on the 1st visit

£41 Levy

£95 Van (no goods removed)

 

Can I ask for proof they hired a van? If they had a Walking Possesion Order and hired a van why wouldn't they use it?

 

I will have to pay tyhe fees but I've just paid £500+ and cant afford to pay the fees straight away.

 

Also I will need to check if the bailiff was certified.

[seanamarts]

Did they levy on the first visit?

[martoneuk]

Yes they did.

[ploddertom]

You will need to check with the Council what you still owe if anything. Some Councils pay the Bailiff their charges first and any residue is then taken off your account. You may yet find you still owe them.

 

If your account is confirmed as clear the Bailiff cannot enforce against you for his fees alone but has to start a civil action. If they charged you a 1st Visit, Levy, WPA & Van fee all at the same time then their fees are indeed suspect. What goods did the levy on - can you list them? How many visits in total have they made to you?

 

PT

[ploddertom]

Yes they did.

 

In that case they have to remove 1st Visit. Was the Van fee charged then as well.

 

PT

[martoneuk]

These were all charged on the first visit:

£24.50 1st visit

£12 WP on the 1st visit

£41 levy

 

Then the van charge was a couple of weeks ago according to the bailiff.

 

The council say the account is now clear.

 

Can Jacobs use the walking possesion order for their fees?

[ploddertom]

These were all charged on the first visit:

£24.50 1st visit

£12 WP on the 1st visit

£41 levy

 

Then the van charge was a couple of weeks ago according to the bailiff. Was that the first time he had been back since he levied back in March - very important?

 

The council say the account is now clear.

 

Can Jacobs use the walking possesion order for their fees?

 

PT

[martoneuk]

I honestly couldn't tell you, probably not, I was trying to sort the issue with the council direct so wasn't taking notice to their letters, he may have been before the van visit and posted a letter.

[ploddertom]

Not to worry, if he has made other visits since then there are probably extra charges to. Now is the time to ask for a breakdown of their fees. Send them this use and adapt as you see fit, send them a copy now by email & post a copy either later this afternoon or the morning using Royal Mail Signed For:

 

"From:

My Name

My Address

 

To:

Acme Bailiff Co

Bailiff House

 

Ref: Account No: 123456

 

Dear Sir

 

With reference to the above account, Can you please provide me with a breakdown of the charges.

 

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at.

e - the date of the Certification.

 

This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

 

I require this information within 14 days.

 

Yours faithfully

 

Ripped off customer"

 

PT

[martoneuk]

Thanks I will do this.

 

In the meantime I'm worried he may try and enter my premisis under the Walking Possesion Order, can he do this just for fees?

[ploddertom]

If he wants to gain entry he has to inform you in writing when he is coming, even then you can deny him entry and he will have to seek a Court Order permitting him to force entry - he also has to get the permission of the Council as well. These are very rarely given and you can certainly prove you have been willing to pay so he would have a hard time.

 

If you tell us what goods he levied on originally we can have a look and may be able to identify some which are exempt or it may be that what he has listed would fail to be enough to satisfy the debt, in particular has he listed any goods which were on finance?

 

PT

[martoneuk]

I see, he has given notice, the usual 24 hours and I'm coming with a locksmith letter.

 

But as far as I know he hasn't got a court order or the councils permission.

 

I can't remember whats on the WPO to be honest, I shall check. I remember it being a laptop (Which he said he coun't take due to data protection and some other stuff, tv, sofa etc non on finance)

[ploddertom]

I see, he has given notice, the usual 24 hours and I'm coming with a locksmith letter.

 

But as far as I know he hasn't got a court order or the councils permission.

 

I can't remember whats on the WPO to be honest, I shall check. I remember it being a laptop (Which he said he coun't take due to data protection and some other stuff, tv, sofa etc non on finance)

 

Appreciate it if you can dig it out - sofa is iffy, is the TV very old or is it 50" Plasma?

 

PT

[ploddertom]

I see, he has given notice, the usual 24 hours and I'm coming with a locksmith letter.

 

But as far as I know he hasn't got a court order or the councils permission.

 

That's the usual spiel and I know it's easy for me to say "It's all a lot of parc". It is having the desired effect evidenced by you asking questions here, if he comes it can be frightening with him constantly hammering on the door, if you need to speak to him do it through the letterbox or from an upstairs window. He's only coming now because he knows that you know that you've paid the Council off direct and he's therefore hoping that you don't know that he can't enforce any longer for his fees and you will just cough voluntarily. He'll no doubt tell you he's going to call the Police, great he's the one causing a Breach of the Peace with all his shouting let them cart him away. Don't believe a word he says until you've been back here and asked - there's usually someone around.

 

PT

[seanamarts]

OK they cannot charge for a visit fee and a levy fee on the first visit.

The van fee is arguable, however you do owe them £53.00, depending on whether the council hand them their fees taken from the amount you have paid to the council you still might be owing on the liability order.You will have to find this out

[seanamarts]

Sorry I thought I posted this ages ago oops.. busy day here *blush*

[martoneuk]

Quick update:

 

I've sent the letter for the breakdown of costs, they've sent me a letter back but not details what bailiff was present and certificate number.

 

Now they have posted me another letter today saying they are coming tomorrow to force entry with a locksmith to remove goods as per WPO, as well they will levy goods when inside against a new balance (this years council tax which I fell behind with, I will pay this off with the council next month when I get paid)

 

Also the fees on the letter have doubled as they include removal fees.

[hallowitch]

if the bailiff levied goods in march and then did not contact you again till November i would say the bailiff abandoned his levy

 

 

can you put up the breakdown of costs

 

I would suggest an UNGUENT BAILIFF COMPLAINT (headed like that so they cant miss it) by e-mail to the councils head of revenues and Jacobs

 

Inform the council that you received a hand delivered letter today informing you that the bailiff intends to remove your tomorrow ask them them if the council have given permission for this action to take place

inform them the bailiff levied goods in march the council tax debt is paid there has been no correspondence between yourself and bailiff till (date) you have been advised that due to the timescale the bailiff has abandoned the levy inform them that Jacobs bailiffs have not compiled with your request for information regarding the bailiffs fees etc

[ploddertom]

Quick update:

 

I've sent the letter for the breakdown of costs, they've sent me a letter back but not details what bailiff was present and certificate number. Is it possible you can list what it says and in particular does it list the dates. Bailiff details can be left for now.

 

Now they have posted me another letter today saying they are coming tomorrow to force entry with a locksmith to remove goods as per WPO, as well they will levy goods when inside against a new balance (this years council tax which I fell behind with, I will pay this off with the council next month when I get paid) No they aren't and even if they do come you don't have to let them in - tell him to go and play on the motorway. They cannot use their present levy against a new Order - so whatever happens keep them out.

 

Also the fees on the letter have doubled as they include removal fees. These must be the new psychic fees they charge, what a set of prats.

 

 

PT

[martoneuk]

Ok here goes, the letter states:

 

27 Jan 10 - £516.61 - Issued by the council to Jacobs

17 Mar 10 - Sch 5 Head H - £24.50

17 Mar 10 - Walking Possesion Agreement - £12

17 Mar 10 - Levy £41

19 Nov 10 - Van £95

 

Also at the bottom it has my payment to the council 16 Nov 10 - £516.61

[hallowitch]

send them a cheque for £24.50 1st visit fee and tell them if they want any more to take you to court

[ploddertom]

Ok here goes, the letter states:

 

27 Jan 10 - £516.61 - Issued by the council to Jacobs

17 Mar 10 - Sch 5 Head H - £24.50

17 Mar 10 - Walking Possesion Agreement - £12

17 Mar 10 - Levy £41

19 Nov 10 - Van £95

 

Also at the bottom it has my payment to the council 16 Nov 10 - £516.61

 

I agree with Hallowitch that the Bailiff has abandoned his levy so any fees associated with it should be removed. They confirm also that you paid in full 3 days before they reattended so Foxtrot Oscar to them. HW has said what to do next. You could of course get them a thimble full of beer to cry in.

 

PT

[martoneuk]

Thanks guys, really appriciate it.

[seanamarts]

before they can gain entry via a locksmith, they first have to get authorisation from the creditor, which i believe is the council. If the council have their money I cant see them giving it the go ahead.