JBW visit today Council Tax***Resolved***

[Peterbard]

It is really simple the EA and debtor reached an agreement, the debtor did not keep to it, the EA continued enforcement as they were entitled to do.

A court will consider the law, they cannot find otherwise than for the EA.

 

If you want to appeal that the bailiff did not act fairly, go ahead you may even get someone to listen, you cannot argue however that he acted beyond his legal powers, he did not.

 

He was entitled to his fee in these circumstances and the enforcment was legally entitled to continue.

[Coughdrop]

The OP has had a few options spelt out to them now, so is hopefully in a position to make an informed decision.

 

When I had bailiffs on my back for Council Tax arrears (pre the new regulations), they actually invented missed payments, so they could claim the repayment agreement had been broken and continue to enforce. This, among other errors and fabrications, was why there was an out of court settlement, albeit three years later.

 

However, I was quite clear if I missed a payment, the agreement was ended. Full stop. I have read of many cases since, where a payment has been missed by just one or two days and the bailiffs have continued to enforce. If the arrangement is broken, they can, and may enforce.

 

Obviously if the OP wishes to complain to the LGO or anyone else, they are quite at liberty to do so. If they choose this route, I hope they will return and post up any outcome. I'm sure none of us want the bailiffs getting a penny more than they have to (if anything). Certainly from the EA's point of view, they are entitled, the moment a payment is missed, to cancel any agreement and continue to enforce. That is black and white. The fairness and proportionality of doing so in this case after just two days, can be argued, but the OP must make that argument and win their case. The EA is within their right to the letter of the law, and from personal experience, I know they excercise that right.

[Coughdrop]

Exercise, not excercise - apologies. It would seem you cannot edit comments here any longer.

[Peterbard]

Tut Tut. No excuse for. bad speling, and punctuashun

[Peterbard]

 

However, I was quite clear if I missed a payment, the agreement was ended. Full stop. I have read of many cases since, where a payment has been missed by just one or two days and the bailiffs have continued to enforce. If the arrangement is broken, they can, and may enforce.

 

.

 

Yes CD we discussed earlier, it is the main point. As mentioned in my earlier post.

[Capital_Con]

Ok finally an update.

 

 

Apologies for not replying sooner but to be honest I didn't have any new information to give.

JBW were quite adamant that they weren't letting this go.

 

 

In fact, they confirmed in writing (now there's a first!) with a letter sent out shortly after the 17th April

(the date they had said "an agreement" was due to be paid) saying they would send out an enforcement agent

to recover goods at FURTHER cost to myself.

 

 

I didn't even bother contacting JBW as it was pointless.

I had already sent a letter to the council outlining ALL of the points Tuco had made on page 3 of this thread,

plus a few of my own, (massive thanks to Tuco) and was awaiting a reply from the council before replying any further in the thread.

 

 

Yesterday I recieved a letter from the council saying they had instructed JBW to remove the fees from my account and they confirmed the debt had now been settled in full.

 

 

I would like to thank everybody who helped me with this very stressful situation.

[AndyOrch]

Excellent news Capital_Con

 

Delighted that this has been resolved.

 

Thread title amended to reflect the outcome.

 

Regards

 

Andy

[Peterbard]

Yes, excellent result .

[Schindler]

Well done Capital_Can, and great advice Tuco. Fab result

[Peterbard]

In wouldn't go that far , but it was a fabulous result as you say.

 

Did the authority send a letter to you in regard of this ?

 

It would be interesting to see what they said.

[Capital_Con]

In wouldn't go that far , but it was a fabulous result as you say.

 

Did the authority send a letter to you in regard of this ?

 

It would be interesting to see what they said.

 

I've already said what the council put in their letter in post #106 above, unless you want it word for word?

[Peterbard]

Yes please.

 

Generally, in these cases, they say something along the lines of, whi8st your legal points are all without merit, in this case we have decided not to proceed.

 

Something along those lines. Which is good don't get me wrong but it would be good to be sure, just in case there is anything which may be legally useful.

[Capital_Con]

Yes please.

 

Generally, in these cases, they say something along the lines of, whi8st your legal points are all without merit, in this case we have decided not to proceed.

 

Something along those lines. Which is good don't get me wrong but it would be good to be sure, just in case there is anything which may be legally useful.

 

No nothing like that, no legalities mentioned.

 

Dear Mr Capital Con

 

Local Government Finance Act 1992 - Council Tax

 

I have received a copy of your communication with regard to the further Enforcement Fees added to your council tax debt held with JBW bailiff.

 

I am writing to confirm that the fee of £235 has now been removed from the JBW account.

 

I note from your communication that you made a payment of £137 on 17th March 2016 and I can confirm that this cleared this debt in full.

 

If you have any further queries blah blah blah

[Peterbard]

No nothing like that, no legalities mentioned.

 

Dear Mr Capital Con

 

Local Government Finance Act 1992 - Council Tax

 

I have received a copy of your communication with regard to the further Enforcement Fees added to your council tax debt held with JBW bailiff.

 

I am writing to confirm that the fee of £235 has now been removed from the JBW account.

 

I note from your communication that you made a payment of £137 on 17th March 2016 and I can confirm that this cleared this debt in full.

 

If you have any further queries blah blah blah

 

Very good, nice to see that the authority showed a little common sense and didn't apply the strict rule of law.

 

Well done(sincerely )

[lookinforinfo]

Congratulations Capital_Con.

Perhaps we should reflect that while the OP did in the end get the information he needed, it took a new member and 80 posts to do it. At the moment there are too many confrontations between

posters than actually helping the OP with their problems.

[Peterbard]

Congratulations Capital_Con.

Perhaps we should reflect that while the OP did in the end get the information he needed, it took a new member and 80 posts to do it. At the moment there are too many confrontations between

posters than actually helping the OP with their problems.

 

No and with respect, this is a danger that must be avoided.

 

You cannot give advice on the belief that the council will choose to drop a case, they were under no compunction to do so.

If the OP had gone in guns blazing and saying that they must drop the fees they would have undoubtedly refused. The correct advice was given by other posters on here, no doubt.

 

I said this earlier , and was correct in doing so :

 

"If you want to appeal that the bailiff did not act fairly, go ahead you may even get someone to listen, you cannot argue however that he acted beyond his legal powers, he did not"

[unclebulgaria67]

Site team might as well close thread to prevent a continuation of what has already been said.

 

People can read the thread and see what was said. The council have acted correctly in my opinion, as i don't believe it was reasonable for an enforcement visit after a 2 day late payment, when all other payments were made on time.

[lookinforinfo]

No and with respect, this is a danger that must be avoided.

 

You cannot give advice on the belief that the council will choose to drop a case, they were under no compunction to do so.

If the OP had gone in guns blazing and saying that they must drop the fees they would have undoubtedly refused. The correct advice was given by other posters on here, no doubt.

 

I said this earlier , and was correct in doing so :

 

"If you want to appeal that the bailiff did not act fairly, go ahead you may even get someone to listen, you cannot argue however that he acted beyond his legal powers, he did not"

 

I don't think that anyone suggested that the OP went in with all guns blazing. He did acknowledge the help he got from Tuco plus he added his own observations. I think the Council was right to come to that decision since I feel that the Ombudsman would have come to that conclusion too regardless that the letter of the Law may have allowed the Ea to charge a fee. £235 was too grotesque a fee to charge for being two days late.

Surely the correct response in view of the short time the repayment was missed was to write to the Council and let them decide since one would not expect the bailiff company to pass up such easy pickings.

[Peterbard]

Site team might as well close thread to prevent a continuation of what has already been said.

 

People can read the thread and see what was said. The council have acted correctly in my opinion, as i don't believe it was reasonable for an enforcement visit after a 2 day late payment, when all other payments were made on time.

 

Yes indeed

[Peterbard]

I don't think that anyone suggested that the OP went in with all guns blazing. He did acknowledge the help he got from Tuco plus he added his own observations. I think the Council was right to come to that decision since I feel that the Ombudsman would have come to that conclusion too regardless that the letter of the Law may have allowed the Ea to charge a fee. £235 was too grotesque a fee to charge for being two days late.

Surely the correct response in view of the short time the repayment was missed was to write to the Council and let them decide since one would not expect the bailiff company to pass up such easy pickings.

 

You believe the Legal ombudsman would have ignored the law. Well, you are entitled to your opinion.

[fkofilee]

Im responding as per a reported post, for now the thread will be closed.

Capital_Con; If you would like to post an update, please let us know.