bailiff problems

[fraujaeger]

Hi I am new to this forum and am having trouble with bailiffs. I stupidly allowed bailiffs into my home on two separate occasions and received a levy on household goods against council tax debts.

They levied the same goods on three different liability orders and I think this is incorrect. Does anyone know if this procedure is right.

[ims21]

Hi and welcome

 

I have moved your thread to the bailiff forum where the guys will be happy to help as soon as they are available.

[hallowitch]

first thing to do is send this to the bailiff firm with a copy sent to the council revenues department it can done by e-mail

Name

Address

bailiff Ref: Account No: 123456

Council Ref No: 435672

Date

Dear Sir,

With reference to the above account please provide me with a breakdown of all fees charged and payments made for the above account

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.

The National Standards for Enforcement Agents state that if a written request is made an itemised account of fees will be provided.

Please provide the information requested within 14 days of this E-mail /recorded delivery letter

Yours faithfully

Ripped off customer

get this information from the council you should be able to get this over the phone so have a pen/paper ready

 

1 - how many Liability Orders they have against you

2 - the dates they were obtained

3 - the addresses they were for

4 - the period of time each covers

5 - how much each one was for

6 - how much is still outstanding

7 - the dates they were passed on for enforcement

 

 

 

 

what council is it ?

what bailiff firm is it?

 

tell us exactly what goods have been written on all notice of seizure's

council tax outstanding balance and fees charged on all notice of seizure's

dates of all notice of seizure's

[ims21]

Two threads merged

 

Please keep to this one thread for this issue otherwise the information is fragmented.

 

ims

[fraujaeger]

The bailiffs are Jacobs and they told me that if I did not let them in my home they would send round enforcement officers so I let them in each time. I have since paid one off which had goods levied on it. They have not sent a receipt but the amount was for the first one issued which had a tv, laptop, dvd player, old leather sofa and old cd player on it. They attached the same goods to the next two

The council is colchester borough council

Edited August 9, 2012 by fraujaeger
more info

[hallowitch]

can you tell us council tax outstanding balance and fees charged on all notice of seizure's

dates of all notice of seizure's

 

was the account you paid in full paid before they levied your goods the 2nd time

 

the answerers to these questions are important because if goods are already subject to a levy they cant be levied again

the dates of the Levy's outstanding balance to the council and fees charged are also important it helps us work out if the Levy's were charged correct

[fraujaeger]

On the first visit 5/04/12 I had two liabilities given to me

first one for £448.41

second one for ££516.16

These were for a previous address which I had to move out from after losing my job

I was handed a notice of seizure of goods and inventory which included

laptop

2 seater sofa (very old)

32 inch tv

dvd player (very old)

stereo system (veryold)

These items were listed on two separate inventories

I arranged to pay £134 per month for both

 

first notice was for £423.91 plus £74.50 fees which now totals £522.91 (could he not add up)

second notice for £498.16 plus fees of £76.50 which now totals £592.66 (ditto)

I also had to pay £50.00 in cash to the bailiff

 

I paid the first instalment on 6 May 2012 of £134

 

I then received another visit for council tax arrears and again he persauded me to let him in

This amount was for £590.82 plus £102 fees which totals £694.82 (could not add up)

I came to arrangement to pay £60 per month on all three liabilities from 6 June 2012

I paid £50 cash again

He added the same goods which he copied from the previous orders

 

I was told to expect a payment card through the post to pay at a paypoint or post office

I waited for the card to arrive which missed the due date for payment and was sent three leetters telling me I had broken the arrangement and needed to pay all the outstanding amount otherwise the bailiff would come round to seize my goods

I telephone Jacobs explaining that I had not received the payment card and I had the £60 to pay. He threatened me with a seizure of my goods and said if I paid the £458.66 in cash within the next few days I could go back to the old arrangement of £60 per month. This amount was for my first liability order.

I received a payment card the following day and paid up.

I explained that I could not walk very far so needed the card to pay at a close newsagent.

I am on long term sickness until I collect my state pension in March 2013 and at present in receipt of statutory sick pay of £85.85 per week with little housing benefit

I am at present going through a debt relief order which is now with the insolvency agency and the arrears have been added to this although with a walking possession I have to keep paying them or leave my goods outside for collection when I shall be free of all debts to Jacobs.

I just need to know if after paying the first liability order with the goods on it if they have a right to seize them now.

They have not sent a receipt with an official ref no on

I then received another visit and again was persauded to let him in

[brassnecked]

They cannot levy the same goods for multiple accounts as ownership passes to the bailiff after the first one so any subsequent levy listing the SAME property would be void, Leeds CC v Throssel 1993 is indicative as it says that multiple fees cannot be charged on accounts enforced on the same day at the same time, so is an argument to use in a Formal Complaint.

[hallowitch]

first notice was for £423.91 plus £74.50 fees which now totals £522.91 (could he not add up) £498.41 over charged £24.50

a levy fee on a debt of £423.91 is £37.50 the walking possession fee is £12 (if you signed the WPA) total £49.50 not £74.50

 

second notice for £498.16 plus fees of £76.50 which now totals £592.66 (ditto) £574.66 over charged £18

levy fee £41 walking possession £12

 

your bailiff may get away with one of the Levy's being lawful but not them both as they can only levy your goods once multiple fees/Levy's are not allowed to be charged the same day

 

This amount was for £590.82 plus £102 fees which totals £694.82 (could not add up) £2 over charged

this levy is unlawful because goods are subject to a previous levy

 

as you can see you have well and truly done over not only with the fees charged but also with the multiple Levy's

 

before we can take this further we need the information from Jacobs (breakdown of fees )

 

you say that some this is for a previous address the questions you have to ask the council need to done to confirm you have not been charged for a period after you moved out the property and also the liability order amounts are correct

 

your bailiff has been very bad he should have broken down the fees as in

 

previous visit fees £xxx

levy fee £xxx

walking possession fee £xxx

 

is your bailiff certificated to Jacobs

http://www.consumeractiongroup.co.uk/forum/showthread.php?210956-On-line-search-to-check-if-a-Bailiff-is-Certificated.....

[hallowitch]

I was told to expect a payment card through the post to pay at a paypoint or post office

I waited for the card to arrive which missed the due date for payment and was sent three letters telling me I had broken the arrangement and needed to pay all the outstanding amount otherwise the bailiff would come round to seize my goods

 

and i can bet you have been charged a van/attendance fee on one or both accounts because of this

[fraujaeger]

Have now a breakdown of Jacobs fees

1st order charged £40.00 plus £12 levy and walking possession fees £24.50 other fees plus paid £50 cash to bailiff

original debt outstanding £498.16 balance ended up £592.66

I have paid this outright after being bulliedon the telephone and being threatened with my goods being taken although they used the same goods on the other two liability orders.

I have now been granted a debt relief order on the two outstanding debts

[brassnecked]

Have now a breakdown of Jacobs fees

1st order charged £40.00 plus £12 levy and walking possession fees £24.50 other fees plus paid £50 cash to bailiff

original debt outstanding £498.16 balance ended up £592.66

I have paid this outright after being bulliedon the telephone and being threatened with my goods being taken although they used the same goods on the other two liability orders.

I have now been granted a debt relief order on the two outstanding debts

 

You can still reclaim the overpayment from Jacobs although it may involve som work.

 

First Formal Complaint to council, and copy to MP, Caggers will help with what was lawful charges, and what was overpaid.

 

Jacobs are a nasty bunch and need to be taught a lesson.

[fraujaeger]

Thank you so much for your advice and I shall formally complain to the council today with a copy to my mp

I am concerned though that if I do not pay jacobs on the other two debts that have a walking possession on them they will return because although they are subject to a debt relief order because I have a walking possession on them I am still liable to pay the instalments asked for although they are void as you have pointed out because they levied the same goods on them which were already on the first order

I agree with you Jacobs are a nasty bunch and use bullying tactics and unlawful means to get their money

Can you tell me what Jacobs could lawfully charge me for the first order please and what was the £50 cash for that I was asked to hand over

Also when the first bailiff arrived I told him that I would not let him in but he told me that if I did not allow him entry he could apply for an enforcement order

Is this correct

I am trying to get as much info as possible to substantiate a claim for overpayment

Thank you very much so far for all the help you have given me

[brassnecked]

You still don't have to let them in no matter what they say, the second and subsequent levies are void as they levied the same goods, also you must include the info on bullying to pay even though it is included in the DRO,. He could apply for an order but that would be quite a time away, and may not even be granted given the circumstances. If and when he returns film him with a mobile phone to capture any threats and bullying. he cannot stop you from doing this it is legal, and he can do nothing about it. If he tried to or did snatch the phone he is open to charges of assault theft and criminal damage.

[fraujaeger]

Hi

I have written to Jacobs today pointing out their adding up errors along with their extortionate fees and also their unlawful pratice of levying the same goods on different liability orders. I have asked for a total of £140 to be reimbursed and told them that I have made copies of all paperwork and intend making a formal complaint to the Council with all the paperwork plus a copy of everything to my MP

I will keep you informed of the response and once again thank you so much for all the advice received. Could not have got this far without you

[fraujaeger]

Hi

My Debt Relief Order has gone through and Jacobs have sent two liability orders back to the council. However after writing to them asking for an overpayment to be refunded on an order I paid off (overcharged £18.00) they have written back to me with another liability order from September 2011 which I have no correspondence for and was not included in any letters received from them so I can only assume that they made a mistake.

I could have included this in my debt relief order and would like to know if I can still include this debt even though the order has gone through because the debt was incurred before this time.

Jacobs letter is full of errors regarding fees and breakdown of charges and makes comical reading saying that they included and levied the same goods on multiple liability orders to save the debtor any unnecessary stress !!!!!!!!!!!!!!!!!!!! anyway they know that because I paid one order with the levied goods the remainder are now void and the two included in the debt relief order have been returned to the council which leaves one outstanding as mentioned above for £473.66

Please advise whether this remaining one can be included in my dro

[wonkeydonkey]

www.adviceguide.org.uk

 

This should answer all your questions

 

WD