Urgent help - jacobs 24 hours removal

[watchfortheschmon]

Hi

 

I was pointed in the direction of your website and it has been very helpful.

 

I am looking for advice, rather urgently, since i came home from work yesterday, to find a 24 hour removal notice through my door.

 

This was a shock as the last contact i had with jacobs was back in aug 2013, the account was put on hold as i disputed it ( bit of a lon winded reason why, but it was a back dated change a few months after i left the property. I am a lone parent, working part time and my circumstances changed twice, propmpting all benefits to be recalculated, ending in this underpayment)

 

Anyway, I do not have the funds, i have £30 in my bank account.

 

The bailiff has never been into my house, nor, as far as i am aware, made any levy. I have not been given the chance to make any payment plan.

 

ALl doors and windows are locked, burgler alarm is on, curtains closed and car parked a few streets away.

 

I have text the bailiff on the letter, the following:

 

I returned from work yesterday to find a 24 hours removal notice from yourselves. I am quite surprised by this as i have had no correspondance from you since august 2013 where my claim was disputed and put on hold. I do not believe this to be in line with policy and will be making a formal complaint to the council on monday.

 

I al requesting that my account be handed back to the council under the protection of vunerable people act, so my income can be assesed to enable me to make weekly payments.

 

Thirdly, since noone from jacobs has ever entered my property and no levy has been applied, no goods will be being removed.

 

Please provide me will a full break down of ' costs' as detailed on your letter.

 

I shall be emailing a copy of this to your office and to the council.

 

 

Is that ok?

 

I shall be speaking to the council on monday, but there isnt much i can do before then. And although my house is all locked, im pretty terrified.

 

 

Can anyone offer any guidance, help. reassurance?

[renegadeimp]

is it for council tax? if so, keep any vehicles a good 10 mins walk away, and all windows and doors locked. Dont let them in and they cant perform a levy, so their fee's will be capped to 2 visit fees. They will lie and threaten everything ( as they are already doing), but all they can do is sent it back to the council. If It's for a PCN, then it changes slightly.

[watchfortheschmon]

Yes its for council tax.

 

I need to pop out later, is it safe to do so? i feel really worried.

 

I will speak to the council monday, first thing, but am just worried between now and then.

 

What do i do if they turn up? what sort of thing are they likely to do?

 

and was my text ok?

[renegadeimp]

They cant break in to your house, it is an empty threat. if they turn up, just ignore them, or tell them you are dealing direct with the council. Like i said, you will have to pay them their visit fee's, but nothing else. There are certain letters you can send to the bailiffs and the council, so sit tight and others will be able to provide them.

 

Regarding texts, ideally you need to write a letter, and not rely on texts. This gives you a solid paper trail if the bailiff tries to pull a fast one. As youve seen, he has already flat out lied to you, so be on your toes.

[watchfortheschmon]

Brilliant, those will be very very helpful.

 

I do not have a printer myself, but do have access to one tomorrow, so could print them and send them then.

 

Im on my own with my young child, its just very scary. I feel quite scared.

[renegadeimp]

I'd feel scared too. However, once you know your rights and realise that unless the bailiff gets a levy, they can do absolutely nothing, it will make you laugh

[renegadeimp]

If it helps, i had a bailiff come for CT for me a few years ago as well. There are 2 options you can take.

 

1. Record them using a smartphone or camera, so you can catch their threats/lies etc.

2. Turn your music or tv up loud to drown their prattle out.

[renegadeimp]

Also see if http://www.consumeractiongroup.co.uk/forum/showthread.php?410157-Help-required-re-bailiff-and-council-tax has any info for you.

 

Remember, dont let him charge a ton of fee's. If no levy is performed, then his fee's are capped. Dont let him say otherwise.

[watchfortheschmon]

Ive not yet had any response to either the text i sent nor to the email i sent to their office.

 

I understand they cant take anything as there is no levy and im just not going to answer the door.

 

It is stll, however, scary.

 

Does anyone know about this 24 hour notice thing, seeing as i have had no offer of repayment so far? Can i make a formal complaint to the council regarding this?

[brassnecked]

When you contact the council again remind them that a lone parent on part time with a benefit entitlement is vulnerable under the National Guidelines, that there is no law that compels you to deal with Jacobs, in fact it would be a very bad idea to do so, and as renegadeimp has said, keep him out and he is stuffed. You did right to keep your car away Jacobs will clamp it if they see it, in fact knowing Jacobs modus operandi, I am surprised they haven't clamped one of your neighbours cars for your debt as it was adjacent to your premises.

[watchfortheschmon]

so - being vunerable under the national guidelines, what does that actually MEAN, for me?

 

I hope they dont clamp anyone elses car, id feel horrified. My street is awful for parking, its literally nose to nose, both sides. Its not got a ' clearly outside your house so its your car' thing.

what would i do if they did clamp someone elses car?

[brassnecked]

It means that basically bailiff involvement is inappropriate and the bailiff should return the debt if vulnerability is established. BUT councils and bailiffs often igbore vulnerability until the Ombudsman gets involved. Jacobs are a particularly awkward bunch to deal with, and have been caught out clamping, removing and selling third party cars. provide a proof of vulnerability to Jacobs and the council then if when or they ignore it A Formal Complaint to CEO and council leader copied to your MP can be sent. It would help if there is a verifiable medical condition or chronic illness in the family also.

[watchfortheschmon]

Does anyone have any kind of template for this?

 

Im presuming proof would be my benefits statements?

Im actually on such a low iincome i do get a tiny bit of council tax benefit, even though its not in this area any longer.

 

Of course i do want to pay, i just cant pay and get it cleared off in the time scale they will no doubt suggest.

[renegadeimp]

There is a template letter. Sit tight and someone will be able to provide it today. meanwhile, tell the council What we've said here, and start paying them via their internet payment system. Make sure you get a reference so it can be applied to the correct year they say you owe. As long as you make regular and consistent payments, they cant do anything.

[brassnecked]

Might be worth tackling them about sorting that underpayment and applying the correct amount to benefit to your account, as you have Council Tax benefit at your current address. One thing to bear in mind is that the whole of council tax is not now covered by benefit since April in England, so a person on benefit will still have to pay 10 - 30% of the bill from their other income. Strange that as that takes them well below their Applicable Amount, the amount of money the law says is needed for that family to subsist on

[watchfortheschmon]

I will speak and then write to the council on monday.

 

I will also try to tackle the underpayment at the same time.

 

what happened with regard to this underpayment occuring, was i was paid off from my employment following a claim of misconduct which was proven to be bullying. I took the pay off ( a small amount as it was a part time job. It was made of up 8 weeks wages and then 4 weeks wages as a gift which was no subject to tax nor NI. and a part which was to cover the legal costs. This was all done via solictor and is legal.

 

I was honest and told the council about it.

 

Because i had been ' let go' i would not have been able to claim any benefits for 6 months, which would have led to us ending up homeless. I went out and got a job and started working 6 weeks later. So, i was what they call ' double earning'

 

The council either did not read the whole 50 page document, or didnt understand it, as they said i was double earning for 8 weeks. Which i wasnt. I was only double earning for 2, because some of my money was for legal costs and some was a ' gift'

 

They ajusted everything months later, i paid back 900 in HB and now have this as well. I wrote to them in aug and never heard a reply back. I presumed it was still being looked into since i had heard nothing, and blindly stuck my head under the carpet.

 

I work 20 hours a week on min wage. My earnings do not even cover my rent. I dont know really what they expect me to do here, but i cant find £400 from no where.

[filrobbo]

If you feel threatened by the bailiffs or intimidating you ring the police.

[watchfortheschmon]

Still nothing. No response to the text, no response to the email. No door knock.

[filrobbo]

They like to threaten and scare you ,I think it must make them feel good or important.

[renegadeimp]

Even if they come, just ignore them and focus on dealing with the council. As i said, do that then all you have to pay are the visit fee's which are capped.

[brassnecked]

Even if they come, just ignore them and focus on dealing with the council. As i said, do that then all you have to pay are the visit fee's which are capped.

 

Exactly so, if there is no car for him to seize and clamp (Jacobs are incorrigible clampers) and you do not let him in to gain a levy he is not getting anywhere, as there is no legal compulsion, obligation or law that says you must even speak to a bailiff.

[watchfortheschmon]

and the council will definatley take back the debt? based on what?

the vunerable persons thing?

The complaint im going to make?

[renegadeimp]

There are multiple things in your favour. The main thing is the bailiffs cant do anything if they fail to get a levy, and that the council MUST take the LO back as you are considered vulnerable under the national standards for enforcement agents.

[ploddertom]

You have to be in this for the long haul as it will not be resolved overnight. If you are potentially classed as vulnerable you need to provide proof of this as you cannot expect either Bailiff or Council to be psychic. For Benefits you need to give the award notice & for medical conditions a letter from a professional who treats you.

[watchfortheschmon]

Just wanted to update.

 

Had to go out today, came back to a ' removal at 5pm today' letter. Bit miffed as i hadnt had any reply to my text.

 

However, i gave the bailiff a ring. He was fine once i explained i came under the vulnerable persons act, and changed his attitude with me. He has put the account on hold to 10 days to let me have time to send in my benefits letters, income and expenditure and what i can offer to pay.

 

Couldnt have done it without the help i have had on here.