jacobs and council tax- urgent **Taken back by Council**

[goodatresearch]

My daughter received a notice of enforcement yesterday dated 6 October wanting £280 by next Wednesday. This relates to an old liability order and she had entered into a payment arrangement with the council whereby the original amount owed was added on to this years bill and weekly payments were to be made.

 

This problem arose when the bank cancelled the DD in error and 2 payments have been missed.

 

She rang the council to explain the situation and to request they take the debt back. She said she would pay the 2 arrears with next weeks payment on Monday via the post office (approx £45). She also reminded them that she was a single parent on a zero hour contract and couldn't pay what she didn't have.

 

The council employee told her she would "try and get the debt back" and went to call Jacobs. After the call she said that they wanted £100 and the council couldn't make them change their mind.

 

I advised that she should ring the council back and remind them that they were in charge of Jacobs and not the other way around.

 

She followed my advice but got nowhere. She spoke to someone else who stated that Jacobs dealt with all arrears anyway (presumably without liability orders also) so it was up to them how much they could ask for.

 

My daughter said she would not pay £100 because she didn't have it, but would bring the payment plan up to date and would pay the council direct.

 

Later today I intend to email the council on her behalf with details of the conversations so she has a paper trail. However, I'm concerned that they're just trying to obtain more fees and will slap the next stage fees on because she won't give in to their demands.

 

Any advice on this would be appreciated

[ploddertom]

Has she tried contacting her local Councillor(s)? Best initial contact is by phone. According to my calculations the Notice of Enforcement is defective anyway as I make the day it has to take effect from to be Saturday 18 October. When does the LO date from & have Bailiffs visited previously?

[Bailiff Advice]

My daughter received a notice of enforcement yesterday dated 6 October wanting £280 by next Wednesday. This relates to an old liability order and she had entered into a payment arrangement with the council whereby the original amount owed was added on to this years bill and weekly payments were to be made.

 

This problem arose when the bank cancelled the DD in error and 2 payments have been missed.

 

She rang the council to explain the situation and to request they take the debt back. She said she would pay the 2 arrears with next weeks payment on Monday via the post office (approx £45). She also reminded them that she was a single parent on a zero hour contract and couldn't pay what she didn't have.

 

The council employee told her she would "try and get the debt back" and went to call Jacobs. After the call she said that they wanted £100 and the council couldn't make them change their mind.

 

I advised that she should ring the council back and remind them that they were in charge of Jacobs and not the other way around.

 

She followed my advice but got nowhere. She spoke to someone else who stated that Jacobs dealt with all arrears anyway (presumably without liability orders also) so it was up to them how much they could ask for.

 

My daughter said she would not pay £100 because she didn't have it, but would bring the payment plan up to date and would pay the council direct.

 

Later today I intend to email the council on her behalf with details of the conversations so she has a paper trail. However, I'm concerned that they're just trying to obtain more fees and will slap the next stage fees on because she won't give in to their demands.

 

Any advice on this would be appreciated

 

Can you confirm the date of the Notice of Enforcement and the date by which payment must be made.

 

The problem that your daughter will have is that whilst a payment arrangement may indeed be made during the period outlined in the Notice of Enforcement there is actually no legal obligation that the proposal must be accepted and in fact....in most cases they will be guided by the terms outlined in their contracts with the local authorities. Having seen many contracts myself I am surprised to see so many councils insisting that a payment arrangement should not exceed 3 months.

 

What your daughter needs to do as quickly as possible (and certainly before the date outlined in the Notice of Enforcement) is to write to Jacobs (by email) to outline her circumstances and to make a sensible affordable payment proposal.

 

At this present time, the only bailiff fees that have been charged are £75. She needs to avoid a personal visit (and the debt increasing by another £235) and this is why she needs to address the matter right now by making a payment proposal.

[goodatresearch]

Its an old LO she agreed a payment plan directly with the council, not sure of the date but I think Jan 2014. Jacobs has not visited at all on this one, first contact as stated above. She has 2 other LO, one being paid via Jacobs and the other via attachment order through her zero hour salary. I previously checked all 3 and they are owed. I thought I'd sorted them all out for her but this one is a bank error.

 

I know that the council has to chase payment but they seem to ignore the guidelines (National Standards 2014 and Guidance on Enforcement of Council Tax Arrears).

 

 

 

 

Has she tried contacting her local Councillor(s)? Best initial contact is by phone. According to my calculations the Notice of Enforcement is defective anyway as I make the day it has to take effect from to be Saturday 18 October. When does the LO date from & have Bailiffs visited previously?

[goodatresearch]

Notice of Enforcement 6 Oct, received 9th and they want paying either 15th or 16th, I haven't got the letter in front of me but will ask my daughter for it.

 

Now I understand what your saying but her overdraft is up to its limit, has 2 other LOs, rent arrears and various other debts. She has stopped paying all other non priority debts but literally can only pay the arrears and get back on track. The council have been told about her circumstances and spoken to Jacobs who will not accept less than £100.

 

I can see them just slapping on the next fee, but it won't make any difference as she can't pay what she hasnt got.

 

Can you confirm the date of the Notice of Enforcement and the date by which payment must be made.

 

The problem that your daughter will have is that whilst a payment arrangement may indeed be made during the period outlined in the Notice of Enforcement there is actually no legal obligation that the proposal must be accepted and in fact....in most cases they will be guided by the terms outlined in their contracts with the local authorities. Having seen many contracts myself I am surprised to see so many councils insisting that a payment arrangement should not exceed 3 months.

 

What your daughter needs to do as quickly as possible (and certainly before the date outlined in the Notice of Enforcement) is to write to Jacobs (by email) to outline her circumstances and to make a sensible affordable payment proposal.

 

At this present time, the only bailiff fees that have been charged are £75. She needs to avoid a personal visit (and the debt increasing by another £235) and this is why she needs to address the matter right now by making a payment proposal.

[Bailiff Advice]

 

I know that the council has to chase payment but they seem to ignore the guidelines (National Standards 2014 and Guidance on Enforcement of Council Tax Arrears).

 

Regular posters on here will know that I have posted very often about the National Standards and the fact remains that the NSEA 2014 is guidance only and cannot replace legislation.

 

New bailiff regulations were implemented on 6th April this year and very specifically provide that an enforcement agent MUST send a Notice of Enforcement and that a Compliance fee of £75 is applicable.

 

If Jacobs already have one account for your daughter then I would assume that she has already outlined her income and expenditure to the company and accordingly, they should already be aware of her inability to pay unreasonable amounts.

[Bailiff Advice]

It is important to know the exact date on the Notice of Enforcement and the precise date (and time) by which payment must be made as it is my understanding that all enforcement companies have agreed a period of 14 days on their letters. I would be very surprised (and disappointed) if Jacobs used a different number of days.

[goodatresearch]

She's not asking them to drop the £75 as iv explained to her the new legislative requirements since April 2014.

 

I know guidelines don't have to be followed but would it be worth quoting them anyway whilst pointing out they already know about her personal circumstances? The only way she can pay £100 by Monday is by trying to take out a pay day loan which I will advise her against.

 

If she pays the arrears and they proceed with the next £235 stage, arent they just doing it to gain commission unfairly. She won't let them in anyway and in any case she doesn't have anything of value (no car either). Plus if they make threats of further court section with the possibility of prison, won't they look silly if she's making payments based upon her ability to pay?

 

 

 

Regular posters on here will know that I have posted very often about the National Standards and the fact remains that the NSEA 2014 is guidance only and cannot replace legislation.

 

New bailiff regulations were implemented on 6th April this year and very specifically provide that an enforcement agent MUST send a Notice of Enforcement and that a Compliance fee of £75 is applicable.

 

If Jacobs already have one account for your daughter then I would assume that she has already outlined her income and expenditure to the company and accordingly, they should already be aware of her inability to pay unreasonable amounts.

[goodatresearch]

My daughter told me I was dated 6 October, received 9 October and payable 15 or 16 October. Will have exact date later when my daughter calls around, but she did say they want paying next week.

 

Do you have anything definite re the 14 day period for me to quote?

 

It is important to know the exact date on the Notice of Enforcement and the precise date (and time) by which payment must be made as it is my understanding that all enforcement companies have agreed a period of 14 days on their letters. I would be very surprised (and disappointed) if Jacobs used a different number of days.

[Bailiff Advice]

I am very confused as to why the council are insisting on £100 by Monday when she has until the 16th to outline a payment proposal !!!

 

How much is your daughter currently paying to Jacobs under the other Liability Order?

 

Also, how much is being deducted from her salary?

[goodatresearch]

Other LO £20 per month.

 

The attachment of earnings amount varies depending on how much she earns as its a zero hour contract and my understanding is that they can only take a certain percentage. She has to work 16 hours PW on average to claim WTC which she does by the skin of her teeth. So sometimes its as low as 4 hours or no hours and then she's begging for hours to get her average up. Not ideal.

 

As to the N of E she's just phoned and confirmed dated the 6th Oct, payable Wednesday 15 Oct 6pm.

 

I am very confused as to why the council are insisting on £100 by Monday when she has until the 16th to outline a payment proposal !!!

 

How much is your daughter currently paying to Jacobs under the other Liability Order?

 

Also, how much is being deducted from her salary?

[goodatresearch]

OK spoken to my daughter again and the council verbally advised that Jacobs has stated that they will only hand the debt back if she pays them £100 by Monday (by that I mean pay Jacobs). Nice bit of blackmail.

 

I intend to talk to the council today before they close to discuss the situation and what they've said during the 2 phone calls. Any words of wisdom?

[goodatresearch]

Sorted.

 

Council took account back after I spoke to them, discussed the guidelines and pointed out that she was already paying 2 other LOs. Apparently they didn't know about the other LOs and she should have reminded them of this, although same council! I did mention that shes a single person on a zero hour contract and that I had previously written to them and informed them of this.

 

Anyway this LO added on to this years CT and paying weekly. She won't have paid it all when the next bill starts but they will carry what's left over.

[ploddertom]

Very pleased to hear this and am sure it is a big weight off.