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A representative(bailiff) from Jacobs visited my home property in order to collect an outstanding some of £75 in which we unknowingly owed to out local authority for council tax.

 

They reckoned that they sent out a letter to us in October..a letter that we definitely didn't receive. Unfortunately I was out at the time and so they handed my husband a letter.

 

Inside the letter I was totally shocked to discover that they had banged on charges of £170 just for the visit.

 

I had to ask a family member to lend me the money to pay as my husband is a uncontrolled epileptic and is unable to work and i am a full-time University student, we also have three children.

 

I phone the main office who were completely disrespectful and very unhelpful.. I phoned the Bailiff to see if we could arrange an agreement to repay. He told me that if i didn't pay the full amount he would return on Monday to remove goods and we would also be charged an extra £112!

 

 

How is this justified on a debt of £75? Legal thieves and bullies.

Edited by citizenB
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has the bailiff ever been inside your house if so what items have he a levy on??

 

fees should be £24.50 first visit and £18.00 second visit where no levy taken place

 

have you paid the bill to the bailiffs if not pay the money direct to council

 

Formal complaint to council who are responsible for bailiffs

 

get on to local MP


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Hi Lorna welcome

I have asked for this to moved to bailiff forum for you

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Thread moved to Bailiff forums as requested :)


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as was said previous dont pay Bailiff pay council direct and dont take the we cant accept payment you have to pay bailiff......they MUST accept payment. next dont ring bailiff ever as you have found out they tell porky pies and make threats. If the bailiff turns up on monday you dont have to let him in, in fact DONT let him in he has no right to enter, of course he will tell you he has. He will say he is coming back with a locksmith to break in....guess what he isnt because he cant break in....he will say I'm coming back with police to get entry and you will be arrested yep you guessed it he cant and wont be. Final one is he walks back to his car after saying he is ringing van that is in area to come and get goods, all he is do is ringing the office to ask the time etc...... there is no van and certainly if he has no walking possession he cant remove goods.

So go to council and pay the £75 (if you can if not use online system and pay what you can afford and pay that every month).

So in brief

dont speak on phone to bailiff

dont let bailiff in or pay him or speak to him

pay council

then have a great christmas knowing you beat the bailiff


I know my rights Mr DCA I'm with the CAG......hello hello where you gone Mr DCA8)

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With your circumstances this should not be with a Bailiff anyway. You must write ASAP to both Council & Bailiffs claiming you are vulnerable because of your husband's illness - you do have to provide proof of this. I assume if you are a student you claim an exemption anyway and any further bill should be subject to a discount?


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The bailiffs didn't enter the property, just handed my husband the letter. I phoned the bailiff straight away to see if i could sort out a payment but they insisted that if we didn't pay the £265 then they would return on Monday to remove goods and bang an extra £112 for having to come out again!

I feel like such a fool as I panicked. Luckily my brother is generous and was able to lend us the money to pay.

I do claim exception being a student. The laughable thing is, is that we are currently in the wrong council tax band and are due a refund of around £2500 any time soon!

Does anyone know if we will be able to claim the disproportionate charges back off the bailiffs?

Thanks for the advice..

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As you are a vulnerable family under the National Standards, to which the council and Jacobs should be signed up to quote this with proof in writing to Council and jacobs, if they still ignore the vulnerability, initiate a FORMAL COMPLAINT, to council CEO, leader, and indicate it has also been copied to your MP for their reference.

 

Vulnerable situations

 

 Enforcement agents/agencies and creditors must recognise that

they each have a role in ensuring that the vulnerable and socially

excluded are protected and that the recovery process includes

procedures agreed between the agent/agency and creditor about

how such situations should be dealt with. The appropriate use of

discretion is essential in every case and no amount of guidance

could cover every situation, therefore the agent has a duty to

contact the creditor and report the circumstances in situations

where there is evidence of a potential cause for concern. If

necessary, the enforcement agent will advise the creditor if further

action is appropriate. The exercise of appropriate discretion is

needed, not only to protect the debtor, but also the enforcement

agent who should avoid taking action which could lead to

accusations of inappropriate behaviour.

 

 Enforcement agents must withdraw from domestic premises if the

only person present is, or appears to be, under the age of 18; they

can ask when the debtor will be home - if appropriate.

 

 Enforcement agents must withdraw without making enquiries if the

only persons present are children who appear to be under the age

of 12.

 

 Wherever possible, enforcement agents should have

arrangements in place for rapidly accessing translation services

when these are needed, and provide on request information in

large print or in Braille for debtors with impaired sight.

 Those who might be potentially vulnerable include:

 the elderly;

 people with a disability;

 the seriously ill;

 the recently bereaved;

 single parent families;

 pregnant women;

 unemployed people; and,

 those who have obvious difficulty in understanding, speaking or

reading English.


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Hi..thank you for this advice it is brilliant.

Is there a template of the kinds of things that i should include in my letter of complaint?

Any suggestions would be gratefully received.

Kind Regards

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There isn't a template as such as individual circumstances are all different. What you should do is to send off for a breakdown of the fees the Bailiff is charging, there is a good chance he will be overcharging. Here's an example of what to send and do it initially by email followed by a copy in the post.

 

"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"


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Lorna, I think you should also call the Council and ask if you did owe them any money and what address they sent their letters advising you of the amount. Jacobs may have lied about the letter they sent back in October, but £170 sounds a bit heavy for a first visit even from a cheating bunch of rogues. So it is possible they sent the letter and made a couple of visits to another address before finding out where you actually lived.

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You need to get a complaint sent out to the CEO of the council, you have been grossly over charged in way of their fee's.

 

It may be in your interest to involve your councillor and/or your MP on this.

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Sorry to be critical everyone but my personal opinion is that a letter should be sent to the COUNCIL and copied to Jacobs. The letter should be marked Formal Complaint and you should refer to the information that you posted in your post number 7.

 

There is very little need to spend time waiting for a response from the bailiff company regarding the question of fees. As the council are wholly responsible for the levy and fees they will have to address the fees.

 

It would seem that ONCE AGAIN another bailiff company are attempting to charge an "attending to remove" fee to your account before a valid levy upon goods has been undertaken.

 

Frankly, this industry is simply out of control and I would urge others in the same position as Lorna to write letters of complaint to the Head of Revenues at th relevant local authority.

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Sorry to be critical everyone but my personal opinion is that a letter should be sent to the COUNCIL and copied to Jacobs. The letter should be marked Formal Complaint and you should refer to the information that you posted in your post number 7.

 

There is very little need to spend time waiting for a response from the bailiff company regarding the question of fees. As the council are wholly responsible for the levy and fees they will have to address the fees.

 

It would seem that ONCE AGAIN another bailiff company are attempting to charge an "attending to remove" fee to your account before a valid levy upon goods has been undertaken.

 

Frankly, this industry is simply out of control and I would urge others in the same position as Lorna to write letters of complaint to the Head of Revenues at th relevant local authority.

 

TT,

 

I have emailed ACPO to try to get to the bottom of the "It's A Civil Matter" song police officers sign whenever any mention is made to them of a bailiff incident. I have explained to them the difference between Court Bailiffs and Certificated Bailiffs and the strokes they pull, including the misleading of police officers. As soon as I receive a response, I'll forward a copy to you.

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Hi all just a thought

 

As the amount is only £75.00, this does not even cover the cost of a LO,

 

Did you receive a LO from the council, and had been paying , and the £75.00 was the balance?

or had you forgot to pay the remaining £75.00, for that council tax year.

 

I just wonder if there was a LO in the first place.

 

as I say just a thought.

 

Leakie

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It is a 'civil matter' whenever you complain to the police about a bailiff's behaviour but a 'criminal matter' when the bailiff makes a complaint about your behaviour, !!!!

 

 

TT,

 

I have emailed ACPO to try to get to the bottom of the "It's A Civil Matter" song police officers sign whenever any mention is made to them of a bailiff incident. I have explained to them the difference between Court Bailiffs and Certificated Bailiffs and the strokes they pull, including the misleading of police officers. As soon as I receive a response, I'll forward a copy to you.

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Don't worry - I've put ACPO fully in the picture as to the lies certificated bailiffs tell debtors and police officers. I would be interested to see if they have a policy on certificated bailiffs or are open to learning.

 

It is only a civil matter until the bailiff behaves like a moron and crosses the line. At that point, it ceases to become a civil matter and becomes a criminal matter.

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Update..

I have spoken to someone in the recovery department at my local council who are saying that they have no say in what the Bailiffs can charge. However, I can get a refund on the charges if I can prove that the car they put down as a levy is not mine! They charged me an extra £110 for removal costs although it was their 1st visit and i should of only been charged £24..

The council are denying that they had knowledge of my husbands illness even though this is untrue.

I intend to make a complaint to the council, Jacobs and will copy my local MP into this as well.

Thanks :)

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Update..

I have spoken to someone in the recovery department at my local council who are saying that they have no say in what the Bailiffs can charge. However, I can get a refund on the charges if I can prove that the car they put down as a levy is not mine! They charged me an extra £110 for removal costs although it was their 1st visit and i should of only been charged £24..

The council are denying that they had knowledge of my husbands illness even though this is untrue.

I intend to make a complaint to the council, Jacobs and will copy my local MP into this as well.

Thanks :)

 

Make sure you mark it as a Formal Complaint, to Head of Revenues copied to Council CEO, and Elected leader, your local councillor and MP, indicate that they are in breach of the National Standards with regard to vulnerable people, and as to the council having nothing to do with what the bailiffs charge, remind them they are 100% liable for the actions or misdeeds of their agent Jacobs. The levy is on a third party motor, so is invalid, you could mention the LGO report into Blaby Council and Rossendales regarding third party goods levied:

 

http://www.lgo.org.uk/news/2012/jul/blaby-council-criticised-bailiff-charges/

 

You could also mention that as you are aggrieved by the unlawful levy by their Agent Jacobs, you may exercise the option to register a Regulation 46 Complaint with the Council as defendant at the magistrates court


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Quote:

I have spoken to someone in the recovery department at my local council who are saying that they have no say in what the bailiffslink3.gif can charge

 

The law has some say in what they charge though and the Council are not above the law and are 100% responsible for what THEIR bailiffs do and what they charge

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Yet another Council whose staff haven't a clue.


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Hi

Please can someone clarify for me that the bailiff should only charge a fee of £24 for their initial visit..

The fees we have been charged are as follows;

Sch 5 Head H £24.50

Attendance/Van £110

Levy fee £56

all with regard of a first visit dated Nov 17th.

Many Thanks

Lorna

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Hi

Please can someone clarify for me that the bailiff should only charge a fee of £24 for their initial visit..

The fees we have been charged are as follows;

Sch 5 Head H £24.50

Attendance/Van £110

Levy fee £56

all with regard of a first visit dated Nov 17th.

Many Thanks

Lorna

 

Lorna this is most important, did the bailiff list any of your goods, and leave a notice of seizure with them listed when he came? have you done as ploddertom suggested and sent the Acme letter for a breakdown of fees charged to your account?

 

If there is no levy, these fees are just plain wrong, and possibly unlawful at this point.

 

A shed 5 head h is a redemption fee for goods seized and offered for sale, the attendance/van fee is also likely dodgy, as he attends to levy, unless he has a levy then the £56 levy fee is also a bailiff Brothers Grimm invention. No Levy Nothing more than a First Visit fee of £24.50 is payable, if he attends again then £18.50 is also due, but if again he doesn't get a levy, then he can attend daily and as long as there is no levy, and he cannot get in the house the two visit fees are akll he is entitled to.

 

However Jacobs look like they are being a little liberal with wheelclamps so keep any motor well away from your property. If he then levies and clamps a neighbours or random parked motor, as bailiffs have done in the past. he is up the creek in more ways than one

 

Above all don't woeey Caggers will help you sort this.


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If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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While you are waiting for replies to various letters etc can I suggest you start to make payments direct to the Council using their online payment facility and make regular affordable and sustainable amount every week eg. £5 every Monday. This will soon build you a payment history and avoid any further action being taken. You have so far had 1 visit from Jacobs and the fee to that is £24.50 so if you can afford the full £75 as a single payment and make that payment before they call again the fees will be £24.50 but, if they call again they are entitled to charge a further £18.

 

While you are paying the Council the £75 in installments their fees are capped at £42.50 they can call every day of the week if that's what turns them on but they cannot charge you for anymore than £42.50.for doing so.

 

WD

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