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Hi all,

 

A friend of mine had a payment arrangement with Jacobs Bailiffs over Council Tax Arrears.

 

The arrangement was to pay £40 per week.

 

Just before Christmas she broke her leg and has been unable to get out of the house. This has caused her to miss 3 to 4 payments.

 

Yesterday she received a letter dated the 03/01/2013.

 

The contents of the letter are as follows;

 

***************************************************

 

Dear Miss * *********

 

You have not maintained your arrangement to pay £40.00 every 7 days.

 

Your arrangement is therefore cancelled and WILL NOT be re-instated.

 

If FULL payment is not received within four days, a bailiff will attend at your property for the purpose of collecting the full payment or removing goods for sale a public auction, which will incur additional costs to you.

 

PLEASE NOTE: If this matter is now out with our bailiffs there may now be further costs to pay in addition to the balance above.

 

***************************************************

 

She telephoned Jacobs explaining the situation and offering to pay £100 immediately. The person she was speaking to said it is to late now and that the amount can only be paid in full.

 

They want her to pay £575.04 in full, this she cannot do.

 

I have advised her to only deal with these people in writing. I am also going to draft a latter explaining the mitigating circumstances and an offer of payment to catch up with the missed payments.

 

Any advice appreciated.

 

Regards

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first thing any payments can now go direct to the council

There is no right of entry for the bailiffs

 

What items does the bailiffs have a levy on?

 

is there a car on the drive way it will be vulnerable

 

Keep the bailiffs out


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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Thanks for the reply,

 

I am not sure if any items have a levy on. Will check this.

 

No car on the drive but a car is parked near by which is registered to the house but, this does not belong to the person who has the debt. The car belongs to another person who lives at the same address who is a friend of hers.

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OK normally when the bailiffs set a payment arrangement they have a levy of goods and a walking possession the bailiffs will say as they have this they can remove goods

 

They will turn up with a van to give the impression they are going to remove goods you don't have to let them in

They rely on fear and intimidation

Even with a levy at this point they can NOT force entry what levy they have will no doubt not cover the debt

 

i would send a letter to council local MP and tell them that the bailiffs have no understanding and refusing payment by installments,you don't trust the bailiffs to treat your friend fairly and will be making payments direct to the council as of now.

 

Car should be ok but would not put nothing past a bailiff

Remember bailiffs lie


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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If she has a broken leg and on benefits, isn't she vulnerable?

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Hi all,

 

A friend of mine had a payment arrangement with Jacobs Bailiffs over Council Tax Arrears.

 

The arrangement was to pay £40 per week.

 

Just before Christmas she broke her leg and has been unable to get out of the house. This has caused her to miss 3 to 4 payments.

 

Yesterday she received a letter dated the 03/01/2013.

 

The contents of the letter are as follows;

 

***************************************************

 

Dear Miss * *********

 

You have not maintained your arrangement to pay £40.00 every 7 days.

 

Your arrangement is therefore cancelled and WILL NOT be re-instated.

 

If FULL payment is not received within four days, a bailiff will attend at your property for the purpose of collecting the full payment or removing goods for sale a public auction, which will incur additional costs to you.

 

PLEASE NOTE: If this matter is now out with our bailiffs there may now be further costs to pay in addition to the balance above.

 

***************************************************

 

She telephoned Jacobs explaining the situation and offering to pay £100 immediately. The person she was speaking to said it is to late now and that the amount can only be paid in full.

 

They want her to pay £575.04 in full, this she cannot do.

 

I have advised her to only deal with these people in writing. I am also going to draft a latter explaining the mitigating circumstances and an offer of payment to catch up with the missed payments.

 

Any advice appreciated.

 

Regards

 

The answer to her problem starts with writing to Jacobs giving them the same info as she has done on the phone. They will most likely come back with the same 'twaddle' but she will have it writing. Next step while waiting for the reply from Jacobs is for her to bring her account up to date by using the online facilities to payments of the Council concerned.

 

Once they reply and if they remain uncooperative with their payment proposals, she simply writes to the Council's Head of Revenues and advises them of her situation (attach copies of letter to Jacobs and their reply) and tells them she has no confidence in their appointed agent to the collection of her payments to the amount outstanding and therefore all future payments will be made direct to the Council. She will have to budget for any lawful fees owed to the bailiff and will need to ask for a full breakdown of their fees to see what they are claiming for and what of that amount is lawful, use the 'acme' bailiff letter below to ask for the fees breakdown.When she gets that come back here and post it to allow caggers to see if there are any 'unlawful' aspects of it.

 

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 custome

 

 

WD

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The obvious question is of course, can she pay Online direct to the council the money that the bailiffs are refusing to accpet.

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The obvious question is of course, can she pay Online direct to the council the money that the bailiffs are refusing to accpet.

 

I can see the poster made the offer to pay the arrears to £100 which would IMHO be a good place to start....if you are suggesting the Council may not have an online payment system in place then the poster could pay by online banking, standing order or cash if needs be at the Council offices.

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Hi All

 

Thanks you all for all the great advice. She has a broken leg and is not allowed to put weight on it and she struggles to use the crutches. Obviously this weather has made it even worse.

She is on the sick from work because of this but only works part time doing 16 hours per week with monies made up from Benefits.

 

As for the Levy, looks to be only a TV and TV cabinet. They obviously didn't see any thing else through the window.

 

I am currently drafting up a letter for her.

 

I will let you know how it goes.

 

Andy

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Just had a chat to my friend and she said she contacted the council and explained the situation. She said they were very unsympathetic and said they could not do any thing regarding this.

 

That sounds par for the course really.

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Just a quick letter draft I came up with for her. Any advice regarding wording etc appreciated.

 

"With reference to your letter dated 03-01-13 and received on 16-01-13. I contacted you via telephone on the day I received the letter.

 

I explained how I had broken my leg before Christmas and that I could not get out of the house. I offered to pay up to £100 straightaway to help clear the arrears. This was met with reluctance and no empathy what so ever. I was told that because the agreement had been broken, that the debt was with Bailiffs but you could not advise me who these were.

 

I find it appalling that these mitigating circumstances have not been taken into consideration and I would like an explanation in writing as to why this is so.

 

My offer stands of paying the arrears of the payments to bring my account up to date and then going back to the £40 per week payments."

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Just a quick letter draft I came up with for her. Any advice regarding wording etc appreciated.

 

"With reference to your letter dated 03-01-13 and received on 16-01-13. I contacted you via telephone on the day I received the letter.

 

I explained how I had broken my leg before Christmas and that I could not get out of the house. I offered to pay up to £100 straightaway to help clear the arrears. This was met with reluctance and no empathy what so ever. I was told that because the agreement had been broken, that the debt was with Bailiffs but you could not advise me who these were.

 

I find it appalling that these mitigating circumstances have not been taken into consideration and I would like an explanation in writing as to why this is so.

 

My offer stands of paying the arrears of the payments to bring my account up to date and then going back to the £40 per week payments."

 

Tell them that it is your Intention to pay them the ammount offered regularly, and as you are at present incapacitated and likely vulnerable you will NOT deal with Jacobs as you cannot trust them to deal fairly with you.


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Tell them that it is your Intention to pay them the ammount offered regularly, and as you are at present incapacitated and likely vulnerable you will NOT deal with Jacobs as you cannot trust them to deal fairly with you.

 

I am going to put that in the letter to the council. The letter above is to Jacobs.

 

Unless you think telling Jacobs you are not going to deal with them is the way to go?

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Pay the council, not the bailiffs, the levy is invalid.

They cannot levy through a window.

Pay the council via their website.

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Sorry my mistake, they didn't get the Levy through the Window.

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If they got a levy, what goods were listed on the Notice Of Siezure?


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PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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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BEFORE even sending a letter you will need to obtain fromt he council the PRECISE amount of the Liability Order. You will then need to have details of the exact amount already paid. Unless this information is available there is NO WAY of knowing whether the balance being claimed by the bailiff company is correct. I would suspect that the fees are NOT correct...but at the moment, if is simply guesswork.

 

It is vital that such info is available BEFORE any letter is sent to the council.

 

Please get your friend to call the council for the info and post back.

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Hi all,

 

Sorry I haven't been about, I have been working away had little to no internet access.

If you can recall my friend broke her leg and missed paying Jacobs as she was house bound.

 

Any way, this is still ongoing. I have since learned that the levy the bailiffs had in march last year was for 2011 CT arrears which was cleared in May of 2012.

 

So she is now being chased for her 2012 arrears.

 

Bailiffs attended on 27-3-13 and left the following letters.

 

Letter One

 

REMOVAL 48 HOURS

 

BALANCE DUE £665.04

 

The Council has instructed us to collect the above debt and any Enforcement Costs incurred. Despite previous requests the debt remains outstanding.

 

Jacobs have instructed me, as Bailiff in Charge, to arrange for the removal and sale of your goods. I will re-attend your premises and REMOVE goods even in your absence.

 

To stop removal action contact me MR S. A****Y IMMEDIATELY on 0788******* to arrange PAYMENT IN FULL within 48 HOURS.

 

Signed by Mr S AXXXXXy

 

****************************************

 

Letter 2

 

Name and Address hand written.

 

Jacobs Ref and Client Ref also hand written

 

NOTICE OF INTENTION TO FORCE ENTRY AND REMOVE GOODS

 

WE REFER TO OUR NOTICE OF SEIZURE OF GOODS & INVENTORY DATED 14-9-12. (Date hand written)

 

TAKE NOTICE that as you have failed to pay the balance outstanding we must now remove the said goods for sale.

 

We will be re-attending at 09.00am Sat 30-3-13 to remove said goods.

 

Please ensure you are home to allow us access to proceed with the removal.

 

PLEASE NOTE - If you are not home we will utilise the services of a locksmith to gain entry to your home and the removal will proceed in your absence.

 

This will incur further costs for you. It is there fore in your interest to ensure you are home when we attend.

 

Please contact me on the telephone number below if you wish to discuss the matter.

 

Signed by S AXXXXXy.

 

******************************

 

My friends say she cannot remember the bailiffs coming into her house a second time for another levy, nor does she have a notice of seizure of goods & inventory for the date stated in letter 2.

Edited by ploddertom
Removed Bailiff's name

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Today she received another letter through the mail dated 9-4-13 which I have typed out below.

 

BAILIFF REMOVAL - 7 DAY NOTICE AMOUNT DUE: £665.04

 

Dear Miss ********

 

FINAL OPPORTUNITY TO PREVENT REMOVAL ACTION.

 

If the above amount is not paid in full to this office within SEVEN days of the above date we will have no option but to attend to enforce the liability order by the SEIZURE and SALE of your goods.

 

If you cannot pay in full now you must contact this office immediately to avoid the possibility of having goods removed.

 

It then goes on to say give payment details.

 

************************************

 

I have since found out that she suffers from epilepsy as do her sons. I would have thought that this would mean she is vulnerable, being a single mum as well.

 

Can any previous Levy be used on another debt?

 

Any advice greatly received ?

The poor woman is beside her self with worry.

 

I have advised her to write to Jacobs and the Council explaining her situation.

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Did anyone ever get round to writing asking about the fees being charged as staed in Post 7? If not this must be done ASAP, send initially by email backed by a copy in the post. You need to speak to someone at the Council and ask the following questions:

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

8 - the dates & amounts of any payments

 

If she is epileptic then I would say she is definitely vulnerable and letters should be written to both Council & Bailiffs about this, she will need to provide proof of this. The account should then be taken back by the Council. Another course of action to take is to get in touch with her local Councillor(s) and ask they intervene, where possible show them this thread & if they are reluctant or refuse then go straight to the Leader of the Council & his opposite number. Best initial contact is by phone & in my view Councillors are conctable 7 days per week up until 9pm.


Please consider making a small donation to help keep this site running

 

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Vulnerable situations

Enforcement agents/agencies and creditors must recognizing 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 behavior.

 

 

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 inquiries 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 all.

 

Due to my work it is hard to keep this up to date.

 

So she sent the following letter suggested by wonkeydonkey in post #7 and added a few extras things.

 

********

Dear Sir/Madam

 

With reference to your letter dated 09-04-13 and received on 13-04-13.

 

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.

 

Please refrain from sending myself any further correspondence which are threatening to unlawfully force entry into my home. I am a single mother with 2 young children and as such I am vulnerable. To further compound my vulnerability I suffer with epilepsy as does my oldest child. As a result of my vulnerability I refuse to deal with any bailiffs you may send.

 

I am in correspondence with the council I owe this money to and I have made them fully aware of your threats and of my vulnerabilities.

 

I am more than willing to pay this debt but a suitable method of payment needs to be found and demanding the full amount is both unrealistic and impossible for me to carry out.

 

********

 

She received the following reply.

 

We thank you for your correspondence, the content of which has been noted.

 

Please find below our response to your points raised:

Mr xxxx attended your property on the 5th September 2012 at 13.51. As he did not make contact with you he left a letter at your property. A fee of £24.50 was raised.

 

Mr xxxx called again on the 14th September at 11.38. During this visit an arrangement was agreed upon and you signed a walking possession. A Levy was also conducted. A levy fee of £50.00, Walking possession fee of £12.00 and a schedule 5-header H fee of £24.50 we allocated to your account. Please find enclosed a copy of the notice of seizure and arrangement. Mr xxxx was certified at Liverpool CC and the certificate expired on 20th January 2013. Mr xxxx is no longer employed at our company.

 

As you did not adhere to the arrangement your account progressed to the enforcement bailiff, Mr yyyy who attended your property on the 27th March 2013 at 08:56. An attendance fee of £90.00 was raised. He also attended on the 28th March 2013 at 10.12. Mr yyyy was cartified at Liverpool CC and has also recently left our company.

 

As you signed a walking possession our bailiff may gain peaceful access to your property if required. We note you consider yourself to be a vulnerable case, we advise that we shall require proof of your medical condition, and a full breakdown or four income and expenditure, along with proof of all your household income.

 

We shall review your account on receipt.

 

Please forward the aforementioned information to our head office within 7 days to prevent further action being taken.

 

********

 

The levy has the following items listed:

 

CTV F/S W/S Samsung +RC

 

2+3 sofa, cloth brown

 

It also has 3 other items on but I cannot decipher the writing. I think it says:

(indecipherable) unit brown.

(Indecipherable) unit.

Side Table (indecipherable).

 

She replied to this letter with her proof. I will copy the letter below along with Jacobs reply, please bear with me.

Edited by ploddertom
Removed Bailiff's names

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Have they ever gained access to her property to perform a levy for This new Liability Order? Regardless, you need to go to the council and declare the vulnerability. Not the bailiff.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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