JBW - unpaid CT

[greenhill]

Morning,

 

Had a letter from JBW "Notice of Enforcement" Bromley Council. Left the address (repossessed) mid 2008. Spoke to Bromley and they informed me that I was responsible for the CT until the property was sold. That's fine not a major issue but they won't take payment from me and told me to speak with JBW. Problem is I have emailed them 3 times now (don't want to speak on the phone) and still no response? I don't want them turning up and adding charges etc. Not sure if I should ring them?

 

Also I heard somewhere that a warrant is only valid for 12 months? The Warrant Issue Date: 03/07/09. Does this have any bearing on their right to collect?

 

I am fine paying the debt although it will have to be in instalments just heard so many bad things about JBW.

 

Thanks in advance

[ploddertom]

Morning,

 

Had a letter from JBW "Notice of Enforcement" Bromley Council. Left the address (repossessed) mid 2008. Spoke to Bromley and they informed me that I was responsible for the CT until the property was sold. That's fine not a major issue but they won't take payment from me and told me to speak with JBW. Problem is I have emailed them 3 times now (don't want to speak on the phone) and still no response? I don't want them turning up and adding charges etc. Not sure if I should ring them?

 

Also I heard somewhere that a warrant is only valid for 12 months? The Warrant Issue Date: 03/07/09. Does this have any bearing on their right to collect? - This will be a Liability Order if done within 6 years never becomes Statute Barred.

 

I am fine paying the debt although it will have to be in instalments just heard so many bad things about JBW. - probably all true

 

Thanks in advance

 

You will probably nee to ring them - make sure you can record the call. They will probably tell you they never received your email.

 

Can you tell us the date the Notice was issued & the date they are saying you have to contact them by?

[greenhill]

Hi Ploddertom,

 

The letter states I need to contact them by 18:00 today. Emailed every day this week. The Notice was issued in 2009.

 

Many thanks

[ploddertom]

If you have a Notice of Enforcement then that means this is being treated under the new rules which came into effect on April 6 this year - regardless of when the original Liability was made. On the letter you have from JBW what is the date it was written - if your answer is the same as before than I have to ask if you will upload the letter, preferably as a PDF so that we can see for ourselves what info we are looking for, you must remeber to obliterate any personal info - name, address, bar codes, ref numbers etc.

[greenhill]

Sorry about that being a bit thick this morning...

 

Date notice issued: 14/10/2014

 

Many thanks

[ploddertom]

That's Ok we all do it from time to time.

 

I would suggest the Notice is not compliant. They have to give you 7 clear days Notice not including Sundays & Bank Holidays. Giving them the benefit of the doubt as to being posted the same day gives delivery to you on 16 October, first day of the 7 days is 17 October & ends on 24 October & the date Enforcement could commence on will be the day following providing it is not a Sunday or Bank Holiday.

 

What does it mean for you. In effect the Notice needs to be reissued correctly. I would notify them their Notic is non-compliant and until such time you receive a correct one you can mot make comment on what you propose. They may not like it but unfortunately if they cannot get it correct then that is not your problem.

 

Companies that are issuing defective notices are being collated and reported to the MOJ, I will make sure your is amongst them.

 

In the meantime you could contact the Council over this and make a complaint about their issuing of a defective notice & can they insteda negotiate a repayment proposal with yourself, you may have to engage your local Councillor(s) in this.

[ploddertom]

have a read of http://www.consumeractiongroup.co.uk/forum/showthread.php?423911-Enforcement-Notice-How-long-is-7-clear-days , Post 10 I think it is gives clear working out of how it is done.

[greenhill]

Many thanks for your help. I will give them a call later and inform them of their error.

[Bailiff Advice]

 

Companies that are issuing defective notices are being collated and reported to the MOJ, I will make sure your is amongst them.

 

Ploddertom,

 

If you are able to contact Grenhill and obtain details of the Notice of Enforcement that would be excellent. A 'review' of the new regulations is taking place in 3 weeks time and I have many other examples of 'defective notices' that I will be bringing to the attention of all those present. Another one will be disappointing but nonetheless necessary.