Any advice would be helpful

[unknown savant]

To cut a long story short we had council tax arrears and were contacted by Jacobs Bailiffs.

Not having been in this situation before my wife rang the phone number on the letter and agreed

to someone coming round to help sort out a payment plan which they did and took an initial payment of fifty pounds. During the conversation i told the Bailiff i was on short time at work and at the time he was quite sympathetic to this and said to us that if things were to get any worse and i was to become unemployed then we could review the payment plan. Today i answer the door and im given a letter telling me that on Wednesday a van would be attending to remove goods and if i was out a locksmith would be utilised. my wife rang the Bailiff with whom we had set up the payment plan and he said there was nothing he could do and said the best thing to do was ring their head office which she did only to be told after explaining our recent change in circumstances that It was either payment in full or nothing and goods will be removed. I would really appreciate any help on what to do next , If there is anything i can do that is .Thanks in advance for any replies

[ploddertom]

From what I read above do I take it he has been in your home? If so he will have made a levy on some of your possessions - can you list them exactly as described on the Notice of Seizure he left? Did you also sign his Walking Possession Agreement?

 

You also need some more detail on what you owe. 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

 

Have you been left a list of charges they have made. Send the following to them 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"

[brassnecked]

If you can list the goods he has levied and post how much is owing Caggers can help unpick this for you

[tomtubby]

Can you find out the amount of the Liability Order from the council and can you also list down any fees that have already been added to your account by them

 

Has a bailiff ever been into your home and if so.....what goods have been levied?

 

Finally, how much have you already paid to the bailiff?

[unknown savant]

Firstly Thank you to all who took the time to reply, I'll try and answer all the questions with one post. So here goes yes he has been in the house and yes my wife signed a walking possession the items on it are as follows :-

Green settee 3 seat,

dining room table + 6 chairs,

Flat screen LG,

Glass tv stand.

 

According to their records the balance outstanding is £714.34 to which they have added Levy and walking possession fees of £ 46.00 and £12.00 and £24.50 under the heading of other fees making a total of £796.84. There has been £50 paid to the bailiffs for which I have a receipt. I hope this helps and once again Thanks in advance for any replies and help.

Edited July 17, 2013 by ploddertom
Paragraphs to make easier reading.

[ploddertom]

Apart from the items listed do you have any other seating - you must have enough for each member of the household? How old & what size is the television? The TV Stand is of no value.

[Mark1960]

Apart from the items listed do you have any other seating - you must have enough for each member of the household? How old & what size is the television? The TV Stand is of no value.

 

Ploddertom.Can you please point me in the direction where I can find something in writing to confirm that enough seating should be left for each member of the household.Also could the bailiff not argue that although all seating items were levied upon,they still had the discresion to leave seating for household members?

 

Thanks in advance.

 

Mark

[brassnecked]

Mark if they list and seize it they would remove it if push came to shove

[unknown savant]

The items listed are the only seating although he listed Green settee 3 seat it is actually a blue three piece suite (settee and two chairs) the tv is 5yrs old 42" screen. I have sent them as an email and posted a hard copy of the letter you suggested also requested all the information from my local council as you know from my op they were supposed to be coming to today to seize the goods as yet no one has turned up. Thanks again for your help I cant see that even if I let them take the items they would sell for the amount they say I owe so what happens if this is the case?

[brassnecked]

In which case they cannot take all of it, and this casts doubt on the levy imho, along with the low price the items are likely to fetch at auction, one can conclude that the bailiff levied merely to garner fees for himself.

[ploddertom]

I also assume the sofa will not have its saftey tags intact.

Furniture and furnishings

Where you distrain on furniture and furnishings not considered exempt you should note the following.

 

Furniture or furnishings containing upholstery cannot be sold unless they comply with the Furniture and Furnishings (Fire) (Safety) Regulations 1988. These specify the type of filling to be used and that the fabric should pass the 'cigarette and match' test. The fire safety regulations apply to new and second hand goods.

 

If a manufacturer, wholesaler or retailer owns furniture and furnishings intended for sale for private use, you may assume that they meet the relevant safety regulations.

 

Furniture and furnishings in this context include

 

suites, chairs

beds, headboards, mattresses (remember that beds and bedding are exempt from seizure unless taken from a retailer or manufacturer)

sofabeds, futons, other convertibles

nursery furniture

garden furniture which is suitable for use in the home

pillows, scatter cushions and seat pads

loose and stretch covers for furniture.

 

You may seize items of upholstered furniture or furnishings if at least one of the following conditions is satisfied

 

the item bears a label stating that it complies with the relevant safety regulations

you know the item was purchased new on or after 1 March 1993 (in which case it is deemed to have met the safety requirements without the need for a label) or

the furniture was manufactured before 1950, even if re-upholstered since then (in which case it is exempt from the safety regulations).

 

 

The TV is now too old to be of any value.

 

All electrical goods sold at auction must comply with the Low Voltage Electrical Equipment (Safety) Regulations 1989, which specify the requirements for electrical equipment for domestic use (that is toasters, kettles and the like, but not office equipment such as fax machines and computers).

 

The safety regulations apply to new or second hand goods. You should make sure that all mechanical or electrical appliances that you seize are in working order and that your auctioneer is able to have any electrical equipment checked by a qualified electrical engineer before sale.

Televisions, DVDs, Hi-fis, VCRs and so on

 

If the equipment has a remote control you must ensure you list it separately on the inventory, otherwise you have not seized it and cannot subsequently remove it. Always list the manufacturer’s name, model, colour and serial number.

 

I would contend the Bailiff even though allowed in your home has not carried out a diligent search for any goods of value which if removed could be sold for a fair price at auction. In my opinion the levy is not worth Andrex and you must argue this with them, the Bailiff has carried out a levy solely for the purpose of making a financial gain for himself & his company.

[unknown savant]

Thanks for the replies and advice without which I wouldn't have know where to start as of yet no one has turned up today from Jacobs bailiffs and I will await their response to my request for a list of their charges I will also contact them and put it to them that the levy is no more than an excuse to put money in the pockets of modern day "DICK" Turpins Thanks again to everyone I will post as soon as I hear from them.

[brassnecked]

Make sure you haven't a car nearby, as when Jacobs realise they have a worthless levy, they will return and clamp your car, or a random one if it is parked near your house

[unknown savant]

Its parked on my driveway I shall move it at once Thanks again

[ploddertom]

I will also contact them and put it to them that the levy is no more than an excuse to put money in the pockets of modern day "DICK" Turpins

 

At least he had the good grace to wear a mask!

[seanamarts]

The items that are listed are certainly not enough to cover the debt, bailiff fee's, costs and auction fee's. It also looks as if he has charged a Head H fee (£24.50) headed under other charges. This cannot be charged until said items have been removed from the property.

 

I would certainly argue the levy with the council and the bailiff.

 

Did you miss a payment? this could be the reason why they have decided to remove items, however as Plodders has pointed out, they couldnt remove the seating anyway.

 

Did they turn up?

[unknown savant]

[html]

[/html]Just a quick update firstly no one turned up on Wednesday and no payments apart from £50 have been made. As shortly after the arrangement was agreed I was laid off from work and just couldn't afford the £200 a month they insisted was the minimum amount we could pay. I have received no reply from the council with regards to the amount of the liability or any of the questions. I have however recieved an email from Jacobs Bailiffs the contents of which are

 

 

 

 

 

To

• 
  

Dear Mr

 

Thank you for your email, the content of which has been noted.

 

Mr[EDIT] attended your property on the 15th & 19th April at 17.30 and 11.05 respectively, [EDIT] was certificated at Liverpool CC and his certificate expires April 2015.

 

Mr [EDIT]is currently in charge of your account. He was also certificated at Liverpool CC, and his certificate expires January 2015.

He has attended your property on the 9th & 15th July 2013 at 16.33 and 9.19 respectively. He has noted he is to contact you on the 30th July to collect payment in full.

 

You will need to contact Mr [EDIT] to discuss the fees on this account. He will be happy to assist you.

 

Ruth Tipping

Client Liaison Officer

Jacobs

4 Europa Boulevard

Birkenhead

CH41 4PE

 

Tel: 01516504950

Fax:01516504999

 

It would now seem that they are going to contact me on the 30th for full payment which is the first i have heard of this, i expect this will also be subject to more charges.

Any help or advice on what to do now would be gratefully received Thanks in advance

Edited July 19, 2013 by seanamarts
Taken out names

[brassnecked]

As you have been laid off have you now claimed JSA?

[unknown savant]

Yes I am now in receipt of jsa

[brassnecked]

Yes I am now in receipt of jsa

Is it Conts or income based, this is important, as you are now on JSA have you claimed the Council Tax relief that should pay 90% ish of C Tax?

[unknown savant]

It is income based and I also receive council tax benefit Thanks for replying in advance

[brassnecked]

It is income based and I also receive council tax benefit Thanks for replying in advance

 

In which case bailiff action is inappropriate as they can attach to benefit, I would remind them that as your income is wholly benefits that they withdraw the bailiff and treat you as vulnerable.

[unknown savant]

Thank you for your help I will contact them first thing tomorrow