Jacobs bailiffs My CTAX Debt

[altcr]

I have council tax arrears, amount is in dispute as some of them relate to a time when I was made redundant and had claimed council tax benefit for a few months.

I now have a job however I have been harrassed by Jacobs bailiffs, one pulled up in van outside my home at 6:30 left the engine running for ages and then posted a letter through my door. Last week I had a frantic call from my son while I was at work -they had put a letter with the amount I owe in large red writing, with no envelope.

 

I have written and complained and asked that they send the debt back to the council, I have quoted their responsibility towards vulnerable clients- I have heart valve problems.

 

I have had a letter from them saying that they want to see a note from my doctor confirming my medical details.

 

Are these clowns entitled to see such sensitive information about my medical history? I feel very anxious and depressed and to be honest I am finding it difficult to concentrate at work, as I am worrying about them being at my house.

Can anyone help or suggest a template letter?

 

Thanks you

[unclebulgaria67]

There is no law that requires you to deal with bailiffs, unless you have signed an agreement with them. I hope that you have not let them in your home or signed anything.

 

If you want the council to take it back, then you will have to write to the council with your medical details. Your council may have a drop in centre where you can speak to a human being and get this resolved fairly quickly. In my area, they have several of these and they have some really good staff who are there to help with these type of problems.

 

What is the score with these council tax debts.

 

Do you have details of the liability orders that the council has ? If not, you should ask them for the details.

 

Has the bailiff done a levy and given details ?

 

Council tax bailiff charges for visits are

 

£24.50 for first visit where no levy

£18 for second visit

 

There are different fees if they do levy.

 

Where possible you should just make payments online to the council applying the relevant council tax reference.

 

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

[Conniff]

They are not entitled to anything whatsoever, don't give it to them and refuse to discuss anything with them.

[ploddertom]

If you are going to claim vulnerability then you do have to provide proof of same. Otherwise everyone would justsay they are vulnerable because of x, y or z. For medical issues a simple note from your GP or other medical professional should suffice and you must also send a copy to the Council.

[Conniff]

Can I ask PT, what difference is there in the action if you are vulnerable or if you are not ?

[altcr]

Thank you for all your replies, I will write to the council asking for the details this weekend, any advice is much appreciated

[ploddertom]

Can I ask PT, what difference is there in the action if you are vulnerable or if you are not ?

 

If you are classed as being vulnerable then in the case of Council Tax the account should be handed back to the Council and the Bailiff withdraws & fees are "abandoned". Each case has to be treated on its own merits as illness is only one of several criteria. Have a read of The National Standards for Enforcement Agents http://www.justice.gov.uk/downloads/courts/bailiffs-enforcement-officers/national-standards-enforcement-agents.pdf where it lists some that this may apply to - the list is not exhaustive.

 

Many is the time the Council or Bailiffs try to evade the issue but they all forget that nearly all Councils and every Enforcement Company have signed up to abide by these Guidelines - it would be better of course if they were made law.

[brassnecked]

It would be better if it was law, as bailiffs will routinely ignore even a visible and apparent vulnerable situation in their greed for fees, so will not refer it back, and will continue to press for payment regardless.

[altcr]

Thanks I have taken your advice and written a letter asking for the above information, I have received an email with the liabilities and dates on. Some of the dates relate to times when I was unemployed for short periods but had made a claim for JSA and housing/council tax benefit.

 

I am aware that I am not the only person who has had these problems with this council , they will ask for further evidence to support the claim, such as childrens details then say they have not recived them and therefore they have dismissed the cliam-hence arrears. I would now always personally take documents directly to them and get a receipt, I have been told that during the period that the arrears were incurred they had a third party subcontracted to handle dat for housong/council tax benefit.

I intend to appeal but think I have my work cut out, any advise would be appreciated.

Once again,

 

Thank you

[tomtubby]

Altcr,

 

With regards to your initial post, the bailiff company DO NOT have a right to see sensitive medical records.

 

BUT

 

Neither do they have the right to return your case back to the council.

 

If you wish the bailiff company to consider that you are "vulnerable" in accordance with the National Standards for Enforcement Agents then at the very least they will require some evidence. This DOES NOT mean that you have to provide your sensitive medical notes. A simple letter from the doctor should suffice.

[andymzua]

Hi Altcr,

 

A friend of mine is going through a similar issue to yours. She got a letter from her doctors at the cost of £25. They charge this fee as it is not NHS related. The letter confirmed her medical condition.

 

She sent this to the Jacobs and all they have said in there reply is that they have updated there record. They then demanded a payment within 7 days or they will proceed with further bailiff action.

 

She is awaiting a reply from her Council.

[brassnecked]

Jacobs would turn up and clamp the hearse as they loaded a debtors body for the funeral,, after they died from the stress....

[tomtubby]

It is always the case that in matters of vulnerability a letter should be sent to the local authority and a copy also sent to the bailiff company.

[brassnecked]

It is always the case that in matters of vulnerability a letter should be sent to the local authority and a copy also sent to the bailiff company.

Exactly so, as then there can be no doubt by either council or bailiff that there is a vulnerable situation and therefore they should hold off whilst they establish the facts.

[SWLABR9]

I would imagine copies of your DLA or ESA letters would suffice, am I wrong?

[tomtubby]

They would be sufficient.

 

Make sure that you keep copies !!!

[altcr]

Please can anyone help me, I will sum up:

 

I have council tax arrears, some from when I was unemployed, I have written to the council to ask for dates and amount of liabilities.

 

I have had several visits fom Jacobs they have left letters with personal details in my letterbox without a envelope, that resulted in a my son seeing it.

 

I wrote to Jacobs to complain about this and inform them that due to my circumstances I came under the 'vulnerable debtors' I also wrote to the council informing them about Jacobs and my position with the vulnerable debtors. I reqested that they take the debt back.

Council asked me for proof - my doctor wrote a letter which I emailed to the council.

 

I have become ill with worry about the bailiffs, one visit was at 6:45 AM, I am constantly checking any car or van that parks nearby.

 

Today I had a letter from Jacobs saying that the council had told them to proceed with action re recovery of council tax. A coople of minutes later I had an email from Council tax thanking me for submitting my medical letter ( re vulnerable debtor ), I sent this over a week ago and asking what my proposals are for repayment, an income and expenditure form was attached. Seems one hand does n't know what the other hand is doing , why tell bailiffs to take action yet ask for my proposals on repayments are?

 

I rang the legal dept at the council told them the story and asked for an email address as I felt that I needed to escalate my complaint, her response was " You need to speak to council tax, I don't wantyou to waste your time emailing us!" I persisted and got an email address.

 

I am now back to sleepless nights, please can anyone advise me? I just want the bailiffs to stop and to come to some arrangement with the council re paymentys, but I feel I have a right to challenge some of the arrears as they were when I was unemployed and I have a letter from DWP confirming that I made a claim for both JSA and HB/CTB

meanwhile the bailiffs say they want paying within 7 days, please can you help?

 

although the council have acknowledged my medical details they have nt said yes or no re vulnerable deb tors clause

Edited May 22, 2013 by altcr
several typos

[unclebulgaria67]

See if you can find out the contact details for your local councillors which should be on the councils website and ask them to intervene on your behalf. If you explain your position, they should be willing to speak to the relevant people at the council, so they deal with you properly. If the council have now acknowledged your letter about you being vulnerable, they should have asked the bailiff to stop their collection activities.

[tomtubby]

It is frankly pointless asking a bailiff to return the account to the bailiff. If her does so he will not get any fees. The ONLY way in which the debt will be returned is if the bailiff is satisfied that there is a vulnerability issue or he he is unable to levy upon goods.

 

You can if you wish allow the bailiff to come into your home ( but in your circumstances I would NOT suggest for one moment that you allow the bailiff to have entry into your property). If the bailiff cannot gain "peaceful entry" he will attempt instead to "levy" upon a car. If you do not have a car or the car is very low value or on finance etc then the levy will be useless and the bailiff will almost always return the account to the council.

 

Do you have a car and if so, roughly what is it worth?

 

You say that the council have received a copy of the letter from your doctor. You need to remind the council that they MUST ensure that they abide by the National Standards for Enforcement Agents regarding "vulnerability".

 

Were you advised by the council that they were applying for a Liability Order?

 

As you appear to be disputing the amount owed....did you attend the Magistrates Court hearing?

 

Did you contact the council after they had obtained the order to dispute the amount owed?

 

Did you get a letter from the council to advise you that they had OBTAINED the Liability Order and that if contact was not made with the council within 14 days that they would instruct bailiffs? There is a legal obligation on the council that this last warning letter MUST be sent?

 

Lastly, do you know the amount of the Liability Order?