other Andrew James enforcement - removal of goods visit - CTAX debt

[joeyv6]

Evening all

 

In need of some urgent help with Andrew James enforcement who are currently trying to enforce council tax liability orders and also a sundry council debt.

 

 

Long story short I received a letter from them last Monday to demand payment or they would visit to remove goods.

 

 

I came home from work today to find a hand delivered letter as they had made a visit and not want full payment it will return with a porter and remove goods even if I'm not home

 

 

this notice is for the amount owed to the liability order and also the sundry debt which has no court order

 

 

the letter regarding the sundry debt did not state that they would visit to remove goods for that.

So I have a couple of questions I need answers to if you can please

 

1. The postmark on the letter and the date on the letter is 25th July 2016. I understand that I am supposed to be given 7 clear days notice of any visit but today is day 7 from the date on the letter. So to me they have not given the 7 clear days before visit can someone clarify if this is correct?

 

2. As no court order has been made on the sundry debt are they allowed to include that in the amount required for payment to stop the removal of goods as that it what they have done. My understanding is they could only attend to remove goods for the liability order amount.

 

I am currently working with step change and have sent the letter offering payment while they help me with my finances which was posted last Friday but to me it seems this has been filed under bin by them.

 

 

I have a copy of the letter with my details blanked but can't see how to add attachments so you can see the original notice.

 

Any help or advice you may be able to give would be greatly received.

 

Thanks in advance

[unclebulgaria67]

No powers of forced entry for any liability or debt. They can only force entry if there is a criminal fine outstanding or you have already let them in to your property signing a controlled goods agreement.

 

But they might target goods outside e.g car.

 

You should have had notice of enforcement giving 7 days notice. This really should give 7 days for people to make contact with the enforcement company to enter into a payment arrangement.

 

What is the sundry debt ?

 

If they have not allowed you 7 days under a NOE and ignored your letter, then suggest a written complaint to Andrew James, with a copy sent to the CEO of the council. With the letter, enclose a copy of the letter previously sent.

[joeyv6]

Thanks for the reply unclebalgaria67.

 

They've not been allowed into my house as today was the first visit by them and it's not a criminal fine they are trying to enforce but a council tax liability order. The sundry debt is for an overpayment of housing benefit. I have found out that they had been writing to me at my precious address even though I had informed the council I had moved and still live within the area of the council tax all up to date for this year and last tax year. The council tax debt is for a precious address which again is within the same councils area and they have had my new house details. I haven't had the liability order or any other paperwork regarding it only the first letter from Andrew James received on Monday 25th.

 

I will do as you suggest and get the letter of complaint off to both them and the council tomorrow and will also ring the council to raise my concerns

[unclebulgaria67]

If they had your new address and have been writing to an old address, more reason to complain.

 

Get an urgent complaint registered and they should put Andrew James on hold.

[dx100uk]

as a side issue ignore the sundry debt..

bet it was for work the council did to supposedly make your previous home re-usable to the next council tenant?

[ploddertom]

You say the date on the letter & postmark is 25 July - how was it sent - 1st or 2nd class & when did you receive it?

[joeyv6]

Thank you guys for the additional comments. The sundry debt I accept but I don't accept that Andrew James are trying to include the sundry debt in their control of goods notice when they have no court order for it and have stated in the 25th July letter that non payment may result in further action such as a court order, attachment of earnings but not taking goods for it.

 

Plodertom- I'm assuming 2nd class as its a printed stamp (franked) and has the number 2. Have included a pic of the envelope in below

[ploddertom]

I'm struggling to understand how you can have received it the same day it was written/posted unless they have hand delivered it. Even if they have then the 7 clear days is not up until Wednesday by my reckoning. I'm assuming the letter in the envelope was entitled Notice of Enforcement or similar and it should have given you a time & date to make contact.

[joeyv6]

That was the part of my doubt is was the 7days from the date of the letter as my understanding is 7 clear days excludes the date it is sent and by others research also would exclude postage days and as I didn't receive it until Wednesday, Thursday would have been the first clear day and as Sunday is not included it would be at least Wednesday/Thursday the days were up. I have attached the letter received in an earlier post and it has payment demand in large writing at the bottom of the letter

[ploddertom]

If that is the letter that was in the envelope then that is not a Notice of Enforcement which suggests that was sent at an earlier time. If so then there can be no complaint about the timescales. It therefore appears that they are saying no arrangement or contact was made when the NoE was sent and they have tried sending this letter to try and force payment from you. Having now made a visit they will have now added £235 to what you owe.

[joeyv6]

That is the first letter I've received from them about this. I've lived at my current address since May this year and at my previous address since April 2015 and haven't received anything from them. The letter that was left today stated that they visited to remove goods for the total that included the sundry debt yet no notice of a visit has been given regarding that.

[ploddertom]

If you are going to write to both Council & Bailiffs then you also want to know when the NoE was sent and to which address. My understanding is that Andrew James can be very evasive with their answers. May pay you to engage the help of your local Councillor(s) to intervene for you - best initial contact is by phone.

[joeyv6]

Ok thanks for the extra advice. I'll be getting straight on it tomorrow and my first plan is to ring the council to ask them to tell Andrew James to hold off while I look into it all and get the letters sent off. Can only hope that at least get a bit of breathing space to get this matter sorted.

 

Will keep this up to date with how I get on

[doggone it]

If ringing the Council then make sure as a minimum you get the name & position of who you speak to. Better still ask to speak to someone in authority in the CT Dept rather than the drone who just answers the phone & who possibly hasn't a clue about what you are on about. I agree with the suggestion of getting your Councillor involved.

[Bailiff Advice]

The only statutory notice that the 7 days applies to is the Notice of Enforcement. This will be the notice outlining what the debt relates to and it will state that a payment arrangement can be set up. The Notice must state the 'cut off' date when a payment arrangement must be set up by. This period of time is referred to in the regulations as the 'compliance' stage. The Notice of Enforcement will attract a Compliance fee of £75.

 

The regulations specify that where possible, sundry debts should be enforced at the same time. The reason for this is to protect debtors from being charged 'multiple' enforcement fees. Nonetheless, you should have received a separate Notice of Enforcement for the sundry debts. You therefore need to ascertain where both notices had been addressed.

[mikeymack2002]

Can you please react your original letter to show the words 'notice of enforcement' so it is showing. Why because it could be the debt bring chased is not a court order.

 

Overpayments are collected differently please check with the LA when this went to court and where and what the outcome was.

 

Do this before engaging further with the EA . This could be something other than a court order, it could be this debt is meant as a normal debt not one backed by a court order. Benefit overpayments rarely go to court. Maybe this EA is trying it on please check today!!!

 

If this is a normal debt you will save £310 and able to complain about the EA if they are using the wrong collection method. Update us once you know as the advice is different for both collection activities ok...

[lookinforinfo]

Mikey, I can understand your confusion. The letter dated the 25th July does not appear to be a Notice of Enforcement eg there doesn't seem to be room for the NOE in the heading and nor is there the statutory 7 day time limit. Plus that letter is asking for immediate payment rather than the OP contacting them to make a payment proposal. If the letter is supposed to be a follow up to an NOE then it should be delivered by the bailiffs to qualify for their £235 fee, not sent by Royal Mail.

 

It would help if Joeyv6 would confirm whether the amount of the money owed has increased by £75, £235 or £310 more than the original debt. I don't know too much about Andrew James and they don't appear to have website but am querying if they have a DCA arm to their business.

I would also question whether to have their name stamped on the outside of their envelope is a breach of the Data protection Act.

[wonkeydonkey]

Mikey, I can understand your confusion. The letter dated the 25th July does not appear to be a Notice of Enforcement eg there doesn't seem to be room for the NOE in the heading and nor is there the statutory 7 day time limit. Plus that letter is asking for immediate payment rather than the OP contacting them to make a payment proposal. If the letter is supposed to be a follow up to an NOE then it should be delivered by the bailiffs to qualify for their £235 fee, not sent by Royal Mail.

 

It would help if Joeyv6 would confirm whether the amount of the money owed has increased by £75, £235 or £310 more than the original debt. I don't know too much about Andrew James and they don't appear to have website but am querying if they have a DCA arm to their business.

I would also question whether to have their name stamped on the outside of their envelope is a breach of the Data protection Act.

 

 

http://www.ajenforce.co.uk/ is the website

[lookinforinfo]

Thanks for the info WD and my apologies for not acknowledging earlier.

[Coughdrop]

Andrew James were absolutely atrocious in the way they conducted their enforcement, lying and cheating as a matter of routine. Unless they have changed hugely, I would double check everything they do, or claim to have done to ensure it is done by the book. If you decide to enter into a repayment arrangement with them, I would not pay one penny until you have the arrangement in writing, as certainly they used to (under the old system) pile on whatever charges they could, and some they couldn't without batting an eyelid, lying and cheating to make it pretty much as painful as possible for the debtor.

 

In my case, once everything was resolved, I sent a SAR to both the LA and Andrew James and the results were, to say the least, revealing. IMO (and experience) a bunch of total crooks - be careful, and remember there is no compulsion whatsoever to deal with the bailffs - especially this lot. I know it is heavily frowned on by most on here, but you do have the option to sit things out (especially if you do not have a car to be taken under control outside your house). Put money aside each week to build up as big a lump sum as you can, write to the council stating you want to repay the debt, but not with the bailiff fees on it and wait, ensuring they don't get into your property. They cannot force entry for a council tax debt; I'm not sure you specified what the other debt was for.

 

Even if the account were to be passed to another enforcement company immediately after this one, I'd give that option serious consideration, but I am not impartial in this.