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Here is her response to the letter received above.

 

********

Please find enclose a copy of the letter you requested for proof of my medical condition and a receipt for the cost of that letter which I trust will be taken off my outstanding balance.

The simple fact that I am a single parent is reason enough by law for me to be treat as vulnerable and my medical condition compounds that vulnerability even more. To further add to my vulnerability my 2 children also suffer with epilepsy.

 

I would also like to point out that the walking possession dated 14-9-2012 is not valid as you have included furniture which is required for satisfying basic domestic needs of myself and my family.

 

In your letter you stated that Mr yyyy attended on both the 27-3-13 and 28-3-13. Mr yyyy did not in any way shape or form attend on the 28-3-13 as such I rebuff that claim. He left a letter on the 27-3-13 stating he would return on 30-3-13 which he did not do. I have copies of these letters.

 

I suggest you return this debt to the council and I will deal with them directly. Due to my vulnerability this is the best course to take for both parties.

 

I have not included an income and expenditure breakdown as I am waiting to hear back from the council regarding some discrepancies on my Council tax bills which I am querying them about. I was hoping to have had a response from them by now regarding this. I will be chasing this up as soon as possible.

 

********

 

The reply from Jacobs is below

 

Thank you for the information you have supplied regarding your current health circumstances. You account has been updated accordingly. Please note that we will not be reducing your balance to cover the cost of this.

 

We will not be returning the account back to the Local Authority as we feel you are in a position to make arrangements direct with our head office should you comply with our request to forward you income and expenditure details.

 

We have reviewed the items on the inventory and disagree with your claim that it is invalid.

 

Your allegation that the bailiff did not visit is not accepted. The bailiff is equipped with the latest technology that transfers details, including GPS location reference, to our computer system at the time of the visit.

 

We await receipt of your household income and expenditure details along with an initial £50 within 7 days.

 

Should payment not be received, further bailiff action will be taken - this may result in additional costs being added to your account.

 

Jacobs

 

********

 

She is awaiting replies from the council and her counciillor's.

 

Any advice on her next steps?

Edited by ploddertom
Removed Bailiffs name
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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.

 

Yes they have, unfortunately she let them in.

 

She has sent letters with proof of vulnerability. Just waiting to hear from the council.

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The bailiffs reply is pretty much misleading you and fobbing you off. The debt can and must be taken back by the council.

 

The reply from Jacobs is below

 

Thank you for the information you have supplied regarding your current health circumstances. You account has been updated accordingly. Please note that we will not be reducing your balance to cover the cost of this.

 

We will not be returning the account back to the Local Authority as we feel you are in a position to make arrangements direct with our head office should you comply with our request to forward you income and expenditure details.

 

We have reviewed the items on the inventory and disagree with your claim that it is invalid.

 

Your allegation that the bailiff did not visit is not accepted. The bailiff is equipped with the latest technology that transfers details, including GPS location reference, to our computer system at the time of the visit.

 

We await receipt of your household income and expenditure details along with an initial £50 within 7 days.

 

Should payment not be received, further bailiff action will be taken - this may result in additional costs being added to your account.

 

They really need to be closed down.

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

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Here is her response to the letter received above.

 

********

Please find enclose a copy of the letter you requested for proof of my medical condition and a receipt for the cost of that letter which I trust will be taken off my outstanding balance.

The simple fact that I am a single parent is reason enough by law for me to be treat as vulnerable and my medical condition compounds that vulnerability even more. To further add to my vulnerability my 2 children also suffer with epilepsy.

 

I would also like to point out that the walking possession dated 14-9-2012 is not valid as you have included furniture which is required for satisfying basic domestic needs of myself and my family.

 

In your letter you stated that Mr yyyy attended on both the 27-3-13 and 28-3-13. Mr yyyy did not in any way shape or form attend on the 28-3-13 as such I rebuff that claim. He left a letter on the 27-3-13 stating he would return on 30-3-13 which he did not do. I have copies of these letters.

 

I suggest you return this debt to the council and I will deal with them directly. Due to my vulnerability this is the best course to take for both parties.

 

I have not included an income and expenditure breakdown as I am waiting to hear back from the council regarding some discrepancies on my Council tax bills which I am querying them about. I was hoping to have had a response from them by now regarding this. I will be chasing this up as soon as possible.

 

********

 

The reply from Jacobs is below

 

Thank you for the information you have supplied regarding your current health circumstances. You account has been updated accordingly. Please note that we will not be reducing your balance to cover the cost of this.

 

We will not be returning the account back to the Local Authority as we feel you are in a position to make arrangements direct with our head office should you comply with our request to forward you income and expenditure details.

 

We have reviewed the items on the inventory and disagree with your claim that it is invalid.

 

Your allegation that the bailiff did not visit is not accepted. The bailiff is equipped with the latest technology that transfers details, including GPS location reference, to our computer system at the time of the visit.

 

We await receipt of your household income and expenditure details along with an initial £50 within 7 days.

 

Should payment not be received, further bailiff action will be taken - this may result in additional costs being added to your account.

 

Jacobs

 

********

 

She is awaiting replies from the council and her counciillor's.

 

Any advice on her next steps?

 

We await receipt of your household income and expenditure details along with an initial £50 within 7 days. :-x

Edited by ploddertom
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Has medical evidence of the epilepsy and the medication been sent in to council & the muppets at Jacobs? If so and the council and bailiff are refusing to accept it I would get the MP involved. Jacobs need closing down for certain.

We could do with some help from you.

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Yes this has been sent to both.

Then they deserve a severe kicking from LGO and HSE, may be worth reporting jacobs for breach of HASWA 1974, failure to do risk assessment into enforcing against a family with epilepsy. Jacobs would likely step over someone who fell into a fit and levy/ remove goods regardless. I hate Jacobs with a passion.

We could do with some help from you.

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Dont do anything with them for now. GO straight to the council.

 

If you want to tell the bailiff, just tell them that you are going back to the council and having the debt returned to them.

 

Sadly though, i think the visit fee's and levy fee's are still payable. Hopefully someone can clarify that though.

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

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Unfortunately the visit fee's may stand, however the levy fee is totally unlawful, Jacobe know damn well that sofa's cannot be put on a levy if it leaves you with out adequate seating for you and the children.

 

When you write to the council you need to state to them that the levy is unlawful and the reasons for why it is unlawful, is 1. they cannot levy on sofa's and leave you without adequate seating and 2. the levy would not cover the accrued debt, cost's and bailiff fee's.

 

Jacobs is certainly trying it on and let the council know that you want to place a formal complaint with regards to their acting agents, Jacobs, for not carrying out the work according to the national standards and that they are adding cost's unlawfully, especially with regards to visits and levy charges.

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Surely a 'schedule 5 - header H' fee isn't valid? I thought that was charged only after goods have been removed for sale?

 

Feebee_71

 

That is how I understand it, and there has been much debate on the subject, Outlawla has been doing research in this very area:

http://www.consumeractiongroup.co.uk/forum/showthread.php?333628-Team-effort-%96-Unlawful-quot-Head-H-quot-bailiff-fees-for-the-attention-of-MoJ

 

 

As to OP I would initiate the Formal Complaint to council copied to CEO, Leader and MP, regarding the unlawful levy that if acted upon could leave a family sitting on the floor, with even more debt from fees added after costs of removal and extra fees were added, the whole levy being seen as merely to garner fees, notwithstanding Jacobs ignoring a vulnerability under the National Standards.

We could do with some help from you.

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  • 2 weeks later...

Hi again,

 

Just a quick update.

 

My friend has still not received any reply from the council almost weeks ago since she sent the letter.

 

I have advised to call the Council tomorrow asking what is going on. I have also advised her to hand deliver a copy of her letter to the council.

 

Jacobs on the other hand are still ignoring my friends vulnerability and have sent yet another threatening letter which read as follow.

 

********

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 your goods removed.

 

It then advises how to pay.

********

 

Any advise please as the next step.

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They CANNOT seize any goods yet The only thing they can do is make threats and send the LO back to court. Only then will the judge make an order for entry. Even then i think you will still get notice of the court date so you can attend and explain why you havent paid yet.

 

Did you copy in your MP and the Council leader?

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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  • 2 weeks later...

My friend finally received a reply from the council.

 

It was more of an history of the account and failed to answer any questions or address the points raised regarding her vulnerability and the invalid walking possession.

 

The person who replied has obviously swallowed Jacobs fabrication of events.

 

The letter read as follows:

 

********

 

Dear Miss ********

 

COUNCIL TAX ACCOUNT ************

 

Thank you for your letter of complaint regarding bailiff activity on you outstanding Council Tax account.

 

Council Tax is administered by Mouchel (GBS) as part of a public private partnership called “service Middlesbrough”. I work within “service Middlesbrough” and have been asked to investigate this matter.

 

Due to non-payment of your 2012/2013 Council Tax, a summons was issued to you on 9 May 2012 for a Court date of 29 May 2012. On this date a liability order was granted by Teesside Magistrates court. You were issued with a Liability Order dated 20 May 2012 requesting either payment in full or an offer of repayment. Neither was forthcoming and your account was later passed to Jacobs Bailiffs for collection 14 August 2012.

 

On 17 September 2012, (Jacobs bailiff) Mxxx Txxxx visited your property where you signed a walking possession and a levy on your goods was taken. At this point you also made an arrangement to pay £40 weekly.

 

My records show that you made contact with Jacobs on 20 December 2012 to notify them that you had broken your foot and that you were now on the sick from work, and that your mother would make payments on your behalf. Jacobs requested that you forward a copy of your sick note to confirm your situation and reduce your arrangement to £20 weekly. You were informed at this point that failure to provide the sick note would result in your arrangement being defaulted upon. Which would result in a further visit to your property in the New Year.

 

You received a letter from Jacobs early January 2013 stating your arrangement had been defaulted upon and requesting payment in full. Your mother telephoned the bailiffs 16 January 2013 and was told that unless payment was received a bailiff would be issued to your property.

 

You wrote to Jacobs 30 January 2013, stating that your circumstances had not been taken into account and offered to pay £100 straight away followed by £40 weekly. They replied confirming the previous conversation of 20 December 201 regarding proof of your sickness from work and that failure to provide proof would result in further action being taken. Jacobs also requested that you brought your account upto date by paying £320 and then then they would reinstate your arrangement.

 

As no contact was made, Bailiff Sxxx Axxxx made a further visit. To your property. He was unable to make contact, but left notification that he had visited your property.

 

My records also show that you wrote again to Jacobs on 9 April 2013 requesting details of your account, but not providing the information they had requested. A reply was issued to you at the end of April 2013 giving you the information you had requested, and again requesting proof of your medical condition, and your income and expenditure details within seven days to enable them to review your account.

 

I note from our records that Jacobs have tried to make contact on several occasions to request information, and collect money. I do appreciate that you have been unwell but must point out that it is in your best interest to update the Bailiffs with changes to your circumstances, continue making payments, and provide evidence, to enable them to assess your financial situation.

 

I understand that Jacobs have requested again details of your income and expenditure along with an initial payment of £50 within 7 days. There is no evidence to suggest you have provided this to the.

 

The bailiff is now fully aware of your current health situation and I am sure that they will make consideration, if needed, for this in the future. However following a review of the above information, I do not feel that any error/mistake has been made on your account and as such the debt will remain with Jacobs bailiffs for collection. I would advise you to make contact with them immediately, to arrange repayment, and prevent further costs being added.

 

I hope this letter fully address your concerns but if you require any further advice or information regarding your Council tax account you are welcome to contact me directly on **********

 

********

Any further advice appreciated.

Edited by ploddertom
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The problem we have is that everything on this thread is being done by yourself as a 3rd party and not by the person themselves. This manifests itself as you have been away doing work and when you come back nothing much seems to have been done.

 

The above is not intended to sound as if I am being rude but does make things a little awkward for everyone. I assume the person concerned has no computer or no access to one.

 

As for the letter it does sound as if it has been written for the Council. Has she contacted her Councillor(s) or anyone else?

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I know exactly what you are saying.

 

She has no internet and is relying on me to help her. She is a really genuine person who works as many hours as she can to make ends meet and is really struggling. I really feel sorry for her.

 

She has not contacted her councilor as she just doesn't know what to say or where to start. So I am going to do a letter for her.

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