Jacobs Bailiffs - Please help!

[StressyPants]

I woke up this morning to find that there was a hand delivered letter from Jacobs Bailiffs in my porch for £622.81 unpaid council tax (I've only lived here for 4 months!)

When I phoned them to make a payment arrangement, they said that they would only make a payment arrangement if they could come and make an inventory of my items. It also says on the letter "Any arrangement is subject to an immediate payment and the debt being secured against your goods by our bailiff re-attending and meeting with you"

It also says all payments must be made to the Bailiffs and not the council?

Is this correct?

Is there no way I can do this without having the debt secured against my goods?

[dx100uk]

do some reading here

 

have you received ANY letters from council at all

or any court docs?

 

dx

[StressyPants]

No, no court documents so far.

Am snuffling through the forums as we speak!

[dx100uk]

phone the council and ask what value the LO is for

 

dx

[hallowitch]

I woke up this morning to find that there was a hand delivered letter from Jacobs Bailiffs in my porch for £622.81 unpaid council tax (I've only lived here for 4 months!)

 

 

when a council takes a debtor to court for unpaid council tax the liability order is granted for the remainder of the financial tax year

get in touch with your council (be ready to provide proof if necessary) and ask them to amend your account all letters will have been sent to your previous address

When I phoned them to make a payment arrangement, they said that they would only make a payment arrangement if they could come and make an inventory of my items.

Load of tosh there is nothing in legislation saying that you have to give the bailiff a levy before they will accept a payment plan

 

It also says on the letter "Any arrangement is subject to an immediate payment and the debt being secured against your goods by our bailiff re-attending and meeting with you"

 

under no circumstances allow them into your home to levy goods (move any vehicle's you have well away from your house)

It also says all payments must be made to the Bailiffs and not the council?

 

there is nothing in legislation to say that you cant pay the council direct this can be done with there on-line payment if you have the council tax reference number

Is this correct?

Is there no way I can do this without having the debt secured against my goods?[/quote

pay the council direct be very very careful not to allow the bailiff to gain a levy you will have fees to the bailiff with no levy this will be £42.50 for 2 visits

 

My council use Jacobs and they are out and about in my area at the moment(north Wales) what council are we talking about if you don't want to put it on the main forum PM me

[StressyPants]

The council is Solihull Council.

They won't have sent any letters to any other address as I've only lived under Solihull Council for 4 months, so the only address they have for me is the current one.

My husband said that a letter was received just after Christmas stating that there would be a court hearing, however the letter arrived 5 days after the hearing was due to take place (good ol' Royal Mail, eh)

[dx100uk]

right ok so something has happened

 

phone them up and ask what figure is on the LO

then you'll know what fees the bailiff is trying to add and if they are legit.

 

you need to start paying SOMETHING

do it direct to the council via internet banking.

 

dx

[hallowitch]

The council is Solihull Council.

They won't have sent any letters to any other address as I've only lived under Solihull Council for 4 months, so the only address they have for me is the current one.

My husband said that a letter was received just after Christmas stating that there would be a court hearing, however the letter arrived 5 days after the hearing was due to take place (good ol' Royal Mail, eh)

 

 

 

 

 

I woke up this morning to find that there was a hand delivered letter from Jacobs Bailiffs in my porch for £622.81 unpaid council tax (I've only lived here for 4 months!)

 

 

 

sorry about that i read your first post wrong

 

as dx said check with council the amount of the liability order

pay the council direct on-line

 

 

under no circumstances allow the bailiff to levy

[StressyPants]

Right, so after speaking to both the council and the bailiffs, I am left rather peeved

The council refused to set up a payment plan, and directed me towards the bailiffs.

The bailiff was willing to set up a payment plan providing I levy my goods. I politely told him NO.

 

I pointed out that there is no legislation requiring me to levy my goods in order to set up a payment plan.

 

He then said that there was no legislation requiring them to set up a payment arrangement if I don't.

 

He also wanted the full balance paid off over 6 months, which is not possible,

I'd be paying £10 a week at most, but as I'm not in receipt of JSA or IS, apparently I'm not entitled to a longer repayment period

(I've just finished my maternity leave, and have decided not to go back to work,

but because my husband is working, we're not entitled to anything but tax credits, which we already get)

 

We are entitled to some housing and council tax benefit,

but we haven't applied yet as my notice at work hasn't expired yet, so I'm technically still employed)

 

Also, the LO is for £520.81

Grr. What can I do?!

[dx100uk]

Right, so after speaking to both the council and the bailiffs, I am left rather peeved

 

The council refused to set up a payment plan, and directed me towards the bailiffs. - no need to ask them - pay direct by internet banking.

 

The bailiff was willing to set up a payment plan providing I levy my goods. I politely told him NO. - good

I pointed out that there is no legislation requiring me to levy my goods in order to set up a payment plan.

 

He then said that there was no legislation requiring them to set up a payment arrangement if I don't. - rubbish

 

He also wanted the full balance paid off over 6 months, which is not possible,

I'd be paying £10 a week at most, but as I'm not in receipt of JSA or IS, apparently I'm not entitled to a longer repayment period

(I've just finished my maternity leave, and have decided not to go back to work,

but because my husband is working, we're not entitled to anything but tax credits, which we already get)

 

We are entitled to some housing and council tax benefit,

but we haven't applied yet as my notice at work hasn't expired yet, so I'm technically still employed)

 

Also, the LO is for £520.81

Grr. What can I do?!

 

so he's fleeced you for £102

 

cant do that if he's not levied

 

24.50+18 [2 visits - max fee!!!]

 

dx

[StressyPants]

so he's fleeced you for £102

 

cant do that if he's not levied

 

24.50+18 [2 visits - max fee!!!]

 

dx

 

He says it states on the letter that £100 is the fee for levying distress? Although he acknowledged on the phone that as of this point, I only owe £523.81, but if I wanted a payment arrangement, it'd be £623.81 including the cost to levy the goods?

[ploddertom]

Are you saying he has only visited once and everything else has been done by phone at present? If so all you at present is the LO + £24-50 for a 1st Visit Fee, if he then calls again he is allowed to add another £18-00 providing no levy is carried out. Providing you then deny him access at every opportunity he can charge you no more unless he is able to gain a levy. Eventually he will return your account to the Council. If you have anything lying loose outside remove it NOW and if you have a car park it a good 10 minute walk away if possible.

 

Treat your home as Fort Knox, all windows and doors locked, if he calls try and speak through the letterbox or an upstairs window. Under no circumstances speak to him on the phone unless you can record the call. He is a master of all things deceitful - lying, cheating, bullying, intimidating. Essentially beleive nothing he says.

 

In the meantime start making affordable payments on a regular basis to the Council via their website or automate phone - ie £10 per week every Thursday. This proves you are willing to pay but not their astronomical demands.

 

PT

[StressyPants]

I am just about to post the following

 

Dear Sir/Madam,

Re: Your Reference

 

I understand Solihull Council has appointed you to recover my Council Tax Liability arrears for 2010/11 of £520.81.

 

Firstly I would like to make you aware that I am fully aware of my rights and you will not gain entry to my home under any circumstances to levy goods, and I know the fees allowed under statute and when these fees can be applied.

 

Due to my circumstances I am unable to pay this in one payment. I advocate a payment schedule of 52 weeks with 51 weeks payments at £10.00 and the balance of £10.81 to be paid on the 52nd week. I understand this may seem a long time but this is a realistic offer that is affordable to me and will allow me to pay future bills issued for Council Tax without them falling into arrears. A greater amount would cause me real and actual hardship.

 

I am able to pay the above amount every Friday, as an act of good faith I have enclosed the first payment of £10.00 by Postal Order. Please advise how you would like future payments made. My personal preference is payment by payment card, or direct bank transfer.

 

It should be noted that I am not at any point refusing to pay this debt but only asking for a fair payment period considering my circumstances. And if you are unable to accept my offer I will place the money aside each month until such a time the council take the account back into their management, when I will make payment of the set aside money to the council.

 

Please also send an itemised statement of account that clearly shows what charges have been added and what for, you are required in statute to supply this information and I look forward to this within 14 days.

 

I am sending the council a copy of this letter and requesting that it be filed with my account for future reference.

 

I hope the above meets your approval and I look forward to your timely reply by letter.

 

Yours faithfully,

 

Do you think that covers it?

All doors and windows are locked.

Quick question, I know once a bailiff gains access through the front door, he can then break down subsequent locked doors. We have a plastic type front door with a lock, which we usually leave unlocked when we are in, and then after that a front door with both a Yale and a Chubb lock, which we keep locked. My question is, can he break down front door number two if we leave the porch door unlocked?

[ploddertom]

 

Do you think that covers it?

All doors and windows are locked.

Quick question, I know once a bailiff gains access through the front door, he can then break down subsequent locked doors. We have a plastic type front door with a lock, which we usually leave unlocked when we are in, and then after that a front door with both a Yale and a Chubb lock, which we keep locked. My question is, can he break down front door number two if we leave the porch door unlocked?

 

That's a bit of a grey area and is open to interpretation that yes peacefull entry may have been made. Best thing is lock it for now.

 

PT

[ploddertom]

You can send your letter but I'll guarantee they'll totally ignore it.

 

PT

[StressyPants]

I was just thinking at least if I send that letter, and have proof of postage etc, that if at any point they try to get an arrest warrant it proves that a) I was not unwilling to pay and b) That a reasonable offer of payment was made.

[brassnecked]

I was just thinking at least if I send that letter, and have proof of postage etc, that if at any point they try to get an arrest warrant it proves that a) I was not unwilling to pay and b) That a reasonable offer of payment was made.

 

They are not able to get an arrest warrant (at this stage anyway probably not at all for council tax for someone who is financially unable to pay a bailiffs exhorbitant demands that are more than someones weekly income), that would be "in extremis" to deal with a persistent won't pay, who has the money but will not pay like a protesting pensioner. They threaten this to get you to pay up

Follow ploddertom's advice and keep all the doors/windows including the porch locked, along with any sheds or garages.

[ploddertom]

Have you checked with the Council for what period of time the Liability Order covers?

 

PT

[StressyPants]

Have made sure all doors, windows etc are locked and secured, and luckily neither myself nor my husband drive, and we don't have a shed etc, so that's all good

 

And Ploddertom, if you mean the period of time the bill is for, it's from September until March, but apparently if the council tax account defaults, the whole years bill becomes payable immediately?

[night-watchman]

Also I would suggest you record and/or video everything the bailiff says and does if he calls. They will try everything they can to scare you and make you pay up. Pay what you can each week directly to the council via their online system and call them that you are doing so, stating they HAVE to accept it. Again this will prove you are not trying to avoid paying. If the council insists you cannot pay them direct ask them to confirm this in writing with the "refusal to accept any payments" written into it. That will soon shut them up.

 

In the meantime be strong - you have a mountain of knowledge here on the forum to help you.