JBW Notice Of Attendance

[Nick Nack77]

Hi all,

 

I'm hoping that the kind people here can advise me.

 

This afternoon I found a letter pushed through my door in an envelope marked Delivered by hand with a space to write the time and date but none was written.

 

Inside was a Notice of attendance from JBW.

 

The box with details of client and balance etc are typed not written.

 

Myself or my husband have been in the house all day and no one knocked on the door apart from a man about our bins

so obviously nothing to do with this letter as he showed me his ID.

 

. Anyway this letter states

 

Balance Before Todays Visit £191.44

Attendance to Levy Fee £62.40

Attendance to Remove Fee £210.00

Total Balance Now Due £463.84

 

The enforcement agent visited with the intention of seizing and removing your goods.

The cost of this has been added to what you already owe and the total amount now due is shown above

 

It then goes on to say I mus pay the total immediately to avoid further enforcement action which may increase the amount you owe substantially.

 

Enforcement action can continue at any time and without warning.

 

Theses are the main points of this notice.

 

It has a squiggle at the bottom but no name of anyone.

 

However no one actually knocked on the door and they must have done it very very quietly as I have 2 dogs and they bark as soon as anyone is near the door.

 

This is for a Parking fine.

 

I don't actually remember getting anything about a parking fine

although I may have due to stress of my son having to go into foster care lots of things have slipped past me the last 7 months

as it's an ongoing battle at the moment to get him the help that he needs.

 

 

Back to this notice of attendance I

 

do not have £463.84

 

we are on ESA WRG due to my husbands cronic illness

 

we are currently having his DLA claim re-looked at.

 

Are the Fee's correct?

 

£270 for posting a letter through the door?

 

This is also the 1st contact we have had with JBW re this PNC

 

we did have another one about a year ago and we paid them nearly £500 for that one,

 

well my father in law did which we are still paying him back for.

 

I guess what I am posting for is what can I do about this?

 

As far as I know nothing has been levied although our car is on the drive

I've seen lots of advice to move it well away but that really isn't an option as my husband cannot walk far and I don't drive.

 

The car is not on finance nor is it a mobility car,

it's worth at a guess £2000 and is vital for my husband to be able to get to his hospital appointments etc

as he cannot travel on public transport due to his condition.

 

Many thanks in advance.

Nick

[ploddertom]

If you have no knowledge of the ticket then tomorrow morning ring the

Traffic Enforcement Centre explain you have had nothing about this prior to the visit from the Bailiff

and ask what is the EXACT address on the Warrant.

 

Hopefully they will email you some forms to fill in which you should return in the same manner immediately.

 

Seemingly if you can respond before 4pm

they can instruct the Council to suspend all enforcement.

 

http://www.justice.gov.uk/courts/northampton-bulk-centre/traffic-enforcement-centre/frequently-asked-questions

[tomtubby]

The telephone number for TEC is 08457 045 007 ( or: 01604 619450 ).

 

Ignore all of the "prompts" and instead, wait to hear "option 6"....to speak with an operator. You will need to have the PCN number first. This MAY be on the notice from the bailiff. The PCN number will start with two digits followed by 8 numbers.

 

If you need help with the form...please post back. Unless you arrange to either settle the bill or file an Out of Time witness statement tomorrow there is a serious of your car being clamped. Do not delay

 

PS: The fees are hopelessly INCORRECT.

[letsmakeamark]

It would be handy if they have the penalty charge number for starters. Just being Winkers are good at not disclosing this until they have recieved payment.

[Nick Nack77]

Hi all,

 

Unfortunaly I was unable to contact the TEC due to major issues with my son.

We received a visit from the bailiffs on 12th Dec and were able to send them away after more than an hour of arguing about weather I was a part of my husbands ESA claim because I am not named on the letter they sent to say he was in reciept of ESA we now have proof of this from the Job Center. The debt has gone up to £844.24

 

I sent off for a breakdown of their charges and this afternoon received this

 

Debt £172.00 14th November

Letter Fee £11.20 + Vat £2.24 14th November

Closeing Fee £5.00 + Vat £1.00 14th November

ATL Fee £52.00 + Vat £10.40 28th November

ATR Fee £175 = Vat £35.00 28th November

ATL Fee £59.00 =Vat £11.80 5th December

Levy Fee £63.00 + Vat £12.60 12th December

Apprassal fee £20.00 + Vat £4.00 12th December

ATR Fee £175 + Vat £35.00 12th December

 

They have given me the times of these visits and I can say with 100% certancy that we were in the house car on the drive yet no actual physical contact with anyone until the 12th.

 

I also asked fr the names of the bailiffs who visited and have 3 names the letter I received from JBW has told me if i want further information in regards to their certification the to visit a web address which I have and search fr these 3 people and none of them come up at all it states 'Nothing found to display' I've search JBW and JBW group as an employer and again nothing.

 

I understand that some of these fees are wrong which ones? the figures just don't add p either from their own attendance notice on 28th that was pushed through the door to the breakdown hey have sent me, i.e the original debt on the breakdown is £172 but on the notice is more the attendance fees are diffrent as well. what do I do next?

 

Many thanks in advance for any help you can give

Nick

[old bill]

The following fees are "suspect"

 

Attend to Levy Fee on 28/11/12

Attend to Levy Fee on 5/12/12

Attend to levy Fee on 12/12/12

 

The following fees are "unlawful"

 

Attend to Remove Fee on 28/11/12

Attend to Remove Fee on 12/12/12

 

The following are "not in accordance with legislation"

 

Closing Fee on 14/11/12

Appraisal Fee on 12/12/12

 

The only allowable fees that I can see are -

 

Debt (14/11/12) = £172.00

Letter Fee (14/11/12) = £11.20

Attend to Levy 12/12/12 = £52.00

Sub-total = £235.20

VAT @ 20% = £12.64

TOTAL = £247.84

 

An Attendance to Levy Fee and Attendance to Remove Fee cannot be charged together on the same date as the bailiff has not given the debtor a reasonable opportunity to pay. The onus is on JBW to prove they actually attended on the dates they are claiming. It may be worth swearing a Statutory Declaration if you can say for definite that JBW did not attend on the dates they claim, i.e. you were at home and can say that no-one called. It sounds like JBW are giving you the runaround with the necessary details of the bailiffs. Nip this in the bud.

[Goatan]

I have had similer problem with JBW and massivley overinflated fees and charging two different fees on one day. Seems to be a thing for them.

 

They also made it very difficult to find who the actual bailiff was as letters where unisnged or a barely legible squiggle.

 

They also clamped a car that didn't belong to me, JBW seem to be makeing a habit of this.

 

Do you by any chance live along the m4 corridor. I ask as im just wondering if it is the same bailiff that dealt wiht me as its the same MO and i have been considering putting a form 4 complaint about them.

[brassnecked]

These fees are aws previously stated well overinflated, so a Formal complaint should be issued to the council, and copied to CEO, and Leader, as well as MP. JBW are very naughty indeed, so should be challenged.

[ploddertom]

and i have been considering putting a form 4 complaint about them.

 

Have you considered writing to the Court advising your problems & overcharge and see if they invite a Form 4. At the very least it should go on file to be seen when the Bailiff re-applies.

[old bill]

Report JBW to OFT Credit Fitness Team. Their OFT Licence No. is 629360. Their company naMe is JBW Group Limited.

[Nick Nack77]

Hi all,

 

Many thanks for the advice, could anyone help with the wording of a letter to challenge the fee's I assume I have to challange JBW 1st? And wording for a complaint to the relavant people?

 

I live within the M25, The bailiffs that we had contact with knew my 3 year old daughter was in the house crying and scared and all I got from him was boo hoo never mind it's our job to scare people kind of thing pay up or else we take the car, they clamped it on the drive before knocking. He stated there were no venerability guidelines until i printed them off and handed them to him from my understanding we come under partner has a serious and life threatening illness and we are on benifitis. He then refused to accept I was on my husbands ESA claim because the letter was addressed to him. My husband even phoned DWP and asked them to confirm with the bailiff that I was on the claim, Bailiff stated you could have phoned anyone, told him that he could dial the number himself hubby would talk to them and give permission for DWP to give him the information he refused to do this. I finally fond a letter from DWP stating the amount we received because I as classed as a carer (to my son not hubby at the moment) He finally left after telling us we had to pay £100 a month there i no way on earth we can afford that. I also asked to see the 'warrant' and ID was told no to both they didn't have to show either which I know is wrong.

 

I did a Google search for that Bailiff and found a blog about him one entry wasn't very nice at all not sure if i am allowed to link it here, The blog entry has a image of his 'General Certificate' however the photo does not look anything like the man who was at my address, I think although cannot be 100% sure they are not the same person. But the Name is the same and the area he was certified at is within the area that I live if this makes sense? The Blog post fees etc are almost identical to what we have been given on breakdown of fees etc

 

Many thanks again in advance for any advice or help.

Nic

[old bill]

Hi all,

 

Many thanks for the advice, could anyone help with the wording of a letter to challenge the fee's I assume I have to challange JBW 1st? And wording for a complaint to the relavant people?

 

I live within the M25, The bailiffs that we had contact with knew my 3 year old daughter was in the house crying and scared and all I got from him was boo hoo never mind it's our job to scare people kind of thing pay up or else we take the car, they clamped it on the drive before knocking. He stated there were no venerability guidelines until i printed them off and handed them to him from my understanding we come under partner has a serious and life threatening illness and we are on benifitis. He then refused to accept I was on my husbands ESA claim because the letter was addressed to him. My husband even phoned DWP and asked them to confirm with the bailiff that I was on the claim, Bailiff stated you could have phoned anyone, told him that he could dial the number himself hubby would talk to them and give permission for DWP to give him the information he refused to do this. I finally fond a letter from DWP stating the amount we received because I as classed as a carer (to my son not hubby at the moment) He finally left after telling us we had to pay £100 a month there i no way on earth we can afford that. I also asked to see the 'warrant' and ID was told no to both they didn't have to show either which I know is wrong.

 

I did a Google search for that Bailiff and found a blog about him one entry wasn't very nice at all not sure if i am allowed to link it here, The blog entry has a image of his 'General Certificate' however the photo does not look anything like the man who was at my address, I think although cannot be 100% sure they are not the same person. But the Name is the same and the area he was certified at is within the area that I live if this makes sense? The Blog post fees etc are almost identical to what we have been given on breakdown of fees etc

 

Many thanks again in advance for any advice or help.

Nic

 

Hi Nic,

 

The bailiff you had dealings with is, to put it bluntly, a bare-faced liar. He is obliged to allow you to see the warrant and to produce his bailiff certificate on demand. He has put JBW in breach of their OFT Debt Collection Licence by demanding monies you cannot afford - This is, in fact, a breach of OFT Debt Collection Guidelines - and the fact your partner has a life-threatening illness would mean you need your car to transport them to hospital appointments and in an emergency. In such circumstances, a bailiff would be and is required to conduct a risk assessment (Regulation 3, Management of Health & Safety at Work Regulations 1999) and Section 3, Health & Safety at Work Act 1974 (Ensuring the Safety of the Public). He is also obliged to report such things back to the creditor. I doubt this has been done and I doubt JBW will report it back to their client. If the creditor is a local authority, I would take this up with them, citing they are in breach of the legislation I have mentioned, the respective offences being Failing to Carry Out A Risk Assessment and Failing to Ensure the Safety of the Public. There is also a potential offence of Endangerment to Life if your partner's condition is thus that being unable to use the car, if it is immobilised or removed, would put their life at risk.

 

This needs to be pursued with the creditor as soon as possible and it needs to be made clear to them that -

 

1. they are 100% responsible for ensuring their contractor complies with Health & Safety at Work legislation at all times;
   
2. they are in breach of their statutory duty to ensure the safety of the public by allowing their contractor to behave in the manner they are;
   
3. they as well as their contractor are liable to prosecution for breaching Health & Safety at Work legislation;
   
4. the onus of proof that the actions of their contractor comply with Health & Safety at Work legislation, in every respect, lies entirely upon them and their contractor.
   

 

Sometimes, you have to look outside the Law of Distress in order to overcome the thoughtless and reckless actions of the cretin you have had dealings with. A Signed For Letter to Mr Jamie Waller, MD of JBW Group Limited, is in order, detailing the failure of his company and his employee to comply with its statutory duty of care towards your partner. You can also remind him it is he, personally, as a director of JBW Group Limited, who can be held liable for failing to ensure JBW employees comply with Health & Safety at Work legislation.

 

Copy this letter to the creditor and get ready to make a formal complaint to HSE or the health and safety inspectors at your local authority Environmental Health Department.

 

Let us know how you get on.

[tomtubby]

I am sorry but I do not have time at present to address each point in your post. What I can say is that the local authority should be ashamed at themselves for allowing a contract with such astonishing fees. Which council issues the ticket?

 

Also, if you had not received prior statutory notices you are legally entitled to file an Out of Time witness statement. I wlll post back with further info. Also, how old is the car that this PCN relates to and is it on finance. Roughly how much is it worth?

[old bill]

Is the vehicle owned by Motability? I hate to say this, but you may have to apply to your local county court for an injunction against JBW and the creditor in order to protect your partner's health. Judges take a very dim view of creditors and their contracted enforcement agents who behave in the manner JBW are in your case, especially in view of your partner's condition. If you are on a limited or low income, you may be entitled to remission of some or all of any court fees. If you use the civil remedy provisions of Section 3, Protection from Harassment Act 1997, the injunction can be tailored to have JBW taken right out of the equation altogether and force the creditor to engage with you directly. Your case is one where an injunction is justified. Also, you do not have to give notice to JBW and the creditor you intend to apply, are applying or have applied for an injunction. The first they will know about it is when they receive a copy of it bearing a court stamp.

 

If JBW and the creditor were to breach an injunction, those responsible for the breach would risk a fine, imprisonment or both. And that includes Mr Jamie Waller.

[letsmakeamark]

I am sorry but I do not have time at present to address each point in your post. What I can say is that the local authority should be ashamed at themselves for allowing a contract with such astonishing fees. Which council issues the ticket?

 

Also, if you had not received prior statutory notices you are legally entitled to file an Out of Time witness statement. I wlll post back with further info. Also, how old is the car that this PCN relates to and is it on finance. Roughly how much is it worth?

 

Thats why medway council said goodbye to them last year.

[old bill]

Thats why medway council said goodbye to them last year.

 

All respect to Medway Council for seeing sense and cancelling their contract with JBW. Let's hope other local authorities follow suit.

[brassnecked]

I would so love to interview Jamie Waller, in the light of the TV series featuring his throwbacks. OP must at the very least initiate a Formal Complaint to the LA, and copy to MP along with the OFT complaint suggested by oldbill.

 

Even if a car is not Motability, if it is in the disabled tax class, JBW would be on a sticky wicket.

[old bill]

As said previously, Jamie Waller and his brainless employees are facing the very real prospect of prosecution under Health & Safety legislation, given the circumstances. If the OP's vehicle is taxed as "Disabled", they also risk exposing the local authority to prosecution/litigation under the Equality Act 2010. The breakdown of fees is highly suspect and if I were a legal professional advising Jamie Waller, I would advise him to drop the matter like the proverbial hot brick and refer the matter to the local authority without delay.

 

If Waller and his Jerks, Berks and Wassocks decide to carry on behaving as they are at present, they should not be surprised if the law turns round and smacks them hard in the face. They are heading in the right direction.

[brassnecked]

As said previously, Jamie Waller and his brainless employees are facing the very real prospect of prosecution under Health & Safety legislation, given the circumstances. If the OP's vehicle is taxed as "Disabled", they also risk exposing the local authority to prosecution/litigation under the Equality Act 2010. The breakdown of fees is highly suspect and if I were a legal professional advising Jamie Waller, I would advise him to drop the matter like the proverbial hot brick and refer the matter to the local authority without delay.

 

If Waller and his Jerks, Berks and Wassocks decide to carry on behaving as they are at present, they should not be surprised if the law turns round and smacks them hard in the face. They are heading in the right direction.

If the motor is needed due to disability, and its seizure may endanger the life or take away the mobility of a member of that family, which may well be therefore vulnerable, irrespective of motability or a disabled tax disc, and they are a disabled person under the terms of the Equalities Act 2010 for whom the vehicle can be regarded as a reasonable adjustment without which their day to day live is severely affected, then IMHO, here JBW are in breach of the Act and Op could report Mr J Waller to the Equalities Commission.

In fact OP should contact them anyway.

[old bill]

If the motor is needed due to disability, and its seizure may endanger the life or take away the mobility of a member of that family, which may well be therefore vulnerable, irrespective of motability or a disabled tax disc, and they are a disabled person under the terms of the Equalities Act 2010 for whom the vehicle can be regarded as a reasonable adjustment without which their day to day live is severely affected, then IMHO, here JBW are in breach of the Act and Op could report Mr J Waller to the Equalities Commission.

In fact OP should contact them anyway.

 

And Health and Safety at the LA's Environmental Health Department, too. Believe it or not, EHOs and LA HSIs can prosecute the local authority they work for if the LA breaches relevant laws. Follow BN's advice and follow this with formal complaints to OFT and HSIs. Do not rule out applying to your local county court for an injunction under Section 3, Protection from Harassment Act 1997. This is a case where a judge will have no hesitation in granting an injunction against the LA involved and JBW.

[brassnecked]

And Health and Safety at the LA's Environmental Health Department, too. Believe it or not, EHOs and LA HSIs can prosecute the local authority they work for if the LA breaches relevant laws. Follow BN's advice and follow this with formal complaints to OFT and HSIs. Do not rule out applying to your local county court for an injunction under Section 3, Protection from Harassment Act 1997. This is a case where a judge will have no hesitation in granting an injunction against the LA involved and JBW.

 

Agreed OB

 

"The car is not on finance nor is it a mobility car,

it's worth at a guess £2000 and is vital for my husband to be able to get to his hospital appointments etc

as he cannot travel on public transport due to his condition. "

 

Therein lies the potential breach of the Equalities Act 2010 :he cannot travel on public transport due to his condition Seizure and removal of the vehicle would have a severe and life changing impact as it would deny the disabled person the means to get about, and attend hospital. It could amount to Direct Discrimination contrary to the Act, as once Op had provided the information, they should have withdrawn the levy as the car is therefore exempt in the same way tools of a trade would be imho

 

"Total Balance Now Due £463.84" At auction a car worth £2k would not fetch enough to clear the debt, all fees, cost of sale towing and storage so could be construed as merely to garner fees for JBW

What the 'ell is an appraisal fee Mr Waller?

ATR Fee £175 + Vat £35.00 12th December Did the bailiff attend with a suitable vehicle to remove a car, or did they attend with the usual Berlingo? If the Berlingo, then the fee is excessive anyway, as they need a tow truck to be attending to ground that fee.

[old bill]

The OP needs to get the complaints off tomorrow morning. An ex parte (without notice) injunction against the LA and JBW is now necessary to protect the OP's partner's health. The court fee will be £175, but if on benefits, this may be remitted.

[brassnecked]

The OP needs to get the complaints off tomorrow morning. An ex parte (without notice) injunction against the LA and JBW is now necessary to protect the OP's partner's health. The court fee will be £175, but if on benefits, this may be remitted.

I would concur with oldbill here, the bailiff was given prima facie evidence of vulnerability but carried on anyway, as the Op's husband is disabled, and needs the vehicle, the injunction and formal complaints need to be sorted ASAP, If JBW were to clamp the vehicle again or even take it, they would be in breach of the Equalities Act I feel that a complaint to Equalities Commission, is essential here also.

[old bill]

I don't know whether it's my fancy, BN, but this case is very similar to Annette's case.

[brassnecked]

I don't know whether it's my fancy, BN, but this case is very similar to Annette's case.

 

There are similarities, especially in the denials of vulnerability of the household by Waller's trained professional Certificated bailiffs, they are Certifiable under the Mental health Act for their attitude in my book. Put Mr Waller on the list of potential interviewees to justify the existence of the Enforcement industry.