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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
    • too true HB, but those two I referred for starters - appear to be self admitted - One to excuse other lockdown law breaking, by claiming his estate away from his consistency and London abode was his main home the other if he claims to have 'not told the truth' in his own words via that quote - to have mislead his investors rather than broken lobbying rules   - seem to be slam dunks - pick which was your law breaking - it seems to be both and much more besides in Jenricks case Starmer was director of public prosecutions yet the tories are using seemingly baseless allegations for propaganda and starmer is missing pressing apparent blatant criminality in politics
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hello.

 

I received a removal notice today from Jacobs enforcement,the amount is for around £600.

 

This is the first instance I have had dealings with them. The notice says REMOVAL balance due: and Payment in full immediately.

 

This letter was hand delivered.

 

Now I have not paid the council tax since around the middle of May and prior to that I was about £125 behind in payments.

 

I have had a look, briefly around the forum and other removal notices seem to have a deadline for e.g. 24 hours or 7 days etc.

 

The one that I received today just says removal and without a timeline.

 

Like I mentioned this is the first contact I have had with Jacobs. Is this notice Valid without a timeline ? I've not been in this situation for a long time so I'm a bit sketchy on this issue.

 

Do I contact Jacobs to sort this out or the council ?

 

As I side note I'm totally skint until the end of august as I've been of work with sickness ( back in tonight ).

 

Any help/pointers would be appreciated.

 

Thanks.

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have you had a notice of enforcement yet

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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They cant remove yet, so dont worry. Its just false threats from the bailiff to scare you into paying. And government/councils turn a blind eye to it.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thanks for a quick reply.

 

Not prescribed notice - so its basically a threat-o-gram ?

 

As with the car I k ow what precautions to take.

 

As its council tax it needs to be paid via some sort of payment plan. Is it with the council or Jacobs ?

 

BTW I'm in full time employment.

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have you had a notice of enforcement yet

 

I'm not sure about that. The last letter from the council was a red one, back in May I think ( I don't think I have this anymore as I have had a look around the house today) .

 

And the only contact with Jacobs was today's notice.

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Thanks for a quick reply.

 

Not prescribed notice - so its basically a threat-o-gram ?

 

As with the car I k ow what precautions to take.

 

As its council tax it needs to be paid via some sort of payment plan. Is it with the council or Jacobs ?

 

BTW I'm in full time employment.

 

The council have passed your account to their agent (Jacobs) and it is to them that any payment arrangement should be made. As the debt has escalated to the 'enforcement' stage, you should expect opposition from the individual enforcement agent named on the 'removal notice to any payment proposal.

 

If it is the case that a vehicle is identified, the agent would be more inclined to threaten its removal. If you have read the forum concerning council tax enforcement, you will I'm sure be aware that the agent cannot force entry into your property.

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I've been on the sick for the last 3 weeks and I'm back in work tonight.

 

 

 

 

I have found out ( payday today ) that I have only received SSP .

it really has stuffed me up big time that today I had to borrow money from one of the wonga type companies so my rent, car insurance and belated car tax could be paid today.

 

I have been in this property about 1 year and when I registered with the council I told them that there was myself and my daughter living at this address.

 

 

I told them that my daughter doesn't work and at the time was receiving benefits although that was stopped several months ago she still has no employment.

 

 

I have paid the full amount since I've moved in.

 

I'm I eligible for a discount ?

If so can this be clawed back from the date I moved in and off set with the debt I have now?

 

Apologies if I miss out on certain things I'm in a million places right now I can't think properly.

 

 

I meant to add that a single occupancy you can get a reduction is this the case with someone with you who is unemployed ?

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Yes I know about forced entry I was wanting to know was was meant by non prescribed notice.

 

You likely won't be entitled to a discount if a second adult resides there.

 

You might be able to backdate a claim for the 3 weeks that you were sick, if your daughter was on benefits

 

Thanks. I don't think I will get any reduction then.

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Yes I know about forced entry I was wanting to know was was meant by non prescribed notice.

 

When the enforcement regulations were overhauled in 2014, the government introduced statutory notices that must be used by the enforcement company. The regulations did not provide a specific notice to advise that a visit had been made. Accordingly, any notice left is are merely for advisory purposes only.

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What do you mean by 'opposition from the individual enforcement agent named on the notice ? I'm confused, I take it that any payments should be made to Jacobs and as it's their agent why would there be any opposition.?

 

Sorry if I'm not reading this right..

 

The council have passed your account to their agent (Jacobs) and it is to them that any payment arrangement should be made. As the debt has escalated to the 'enforcement' stage, you should expect opposition from the individual enforcement agent named on the 'removal notice to any payment proposal.

 

If it is the case that a vehicle is identified, the agent would be more inclined to threaten its removal. If you have read the forum concerning council tax enforcement, you will I'm sure be aware that the agent cannot force entry into your property.

 

As

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What do you mean by 'opposition from the individual enforcement agent named on the notice ? I'm confused, I take it that any payments should be made to Jacobs and as it's their agent why would there be any opposition.?

 

Sorry if I'm not reading this right..

 

The 'Removal Notice' would normally have the name of the individual enforcement agent that is managing your account. If so, if you were to call Jacobs to enquire about a payment arrangement, they would refer you back to the agent himself.

 

By 'opposition', I mean that as the account is currently at 'enforcement stage' the enforcement agent would be looking to recover full payment from you as opposed to accepting a paying proposal.

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I've been on the sick for the last 3 weeks and I'm back in work tonight. I have found out ( payday today ) that I have only received SSP . it really has stuffed me up big time that today I had to borrow money from one of the wonga type companies so my rent, car insurance and belated car tax could be paid today.

 

When speaking with either the enforcement agent or Jacobs Ltd, please ensure that you outline the difficulties that you have recently faced. I have always found Jacobs Ltd to be one of the better comapnies to recognise hardship and vulnerability. Please post back once you have made contact.

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Ah I see. Thanks.

I've quickly glanced at some of the stickies at the top of the forum with regards to payment.

It seems that I have to deal with Jacobs directly for a payment plan,

 

I obviously need to fill in some kind of means form to fill in my income/ expenditure etc. So what's the best way of doing this, email, phone or letter?

 

I see that payment plans are for 3/6 months.

This will be a struggle.

Can these plans be extended?

 

Also when will a payment plan start.

I have absolutely no money for anyone for at least 4 weeks.!!

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Ah I see. Thanks. I've quickly glanced at some of the stickies at the top of the forum with regards to payment. It seems that I have to deal with Jacobs directly for a payment plan, I obviously need to fill in some kind of means form to fill in my income/ expenditure etc. So what's the best way of doing this, email, phone or letter?

 

I see that payment plans are for 3/6 months. This will be a struggle. Can these plans be extended?

 

The 'Sticky' that you are referring to is applicable in cases where a payment arrangement is made on receipt of the initial letter from Jacobs Ltd called a Notice of Enforcement. I notice that you have mentioned that you cannot locate that particular notice. You may wish to mention this to Jacobs but expect to be told that the notice had been sent.

 

As you had not set up a payment arrangement within the 'compliance' period (the 'cut off' date given on the Notice of Enforcement), it is much more diffucult to secure a payment arrangement. As I said earlier, if there are no visible assets (normally a motor vehicle) that can be seized, the agent would be more willing to accept an arrangement.

 

When speaking with the company (or the agent) you should outline when your payment arrangement can commence.

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I have no assets in the house other than clothes, beds and the settee.

Everything else belongs to my daughter.

 

 

I/we have sold most things with value over the last several months to cover previous expense, rent,outstanding gas/water bills etc.

 

The amount owed to Jacobs is just under £600, no way I can pay that amount in full.

They will have to settle for a payment plan.

This can't be refused can it?

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The amount owed to Jacobs is just under £600, no way I can pay that amount in full. They will have to settle for a payment plan.

 

This can't be refused can it?

 

Unless you are considering allowing the enforcement agent into your property (which is not to be recommended in your particular case) then please forget about the goods (or lack of) within your property.

 

Concentrate instead on getting in touch with Jacobs or the enforcement agent and explaining your circumstances.

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OK I will have to sort this out tomorrow as I'm about to set off for work

I will post tomorrow for an update.

 

In the meantime if anyone has any pointers as to what to say or what I should be weary about when they give me the talk , would be much appreciated.

 

Thanks.

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Hello.

 

I've just been on the .Gov site regarding bailiffs and it says something about some bailiffs can be exempt from being certified or to that effect. Anyway I've had a search and can't find any info on what reason a bailiff would be exempt.

The reason I'm looking for this is I can't find the agents name on the bailiffs register.

Could this agent be exempt ?

 

Also when they came to the door they asked if it was OK to record with their camera, which I thought unusual as I would imagine they would of liked filming everything with or without your permission anyway. Just thought I'd mention it..

As a note there was on!y One bailiff, I know it reads as if it was Two.

 

Thanks.

 

http://www.civea.co.uk/news/certificated-bailiffs-online-register/

 

What the hell is this all about!!

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Concentrate instead on getting in touch with Jacobs or the enforcement agent and explaining your circumstances.

 

 

forget what you've posted - essentially irrelevant..

BA's advice is your way fwd

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Hello.

 

I've just been on the .Gov site regarding bailiffs and it says something about some bailiffs can be exempt from being certified or to that effect. Anyway I've had a search and can't find any info on what reason a bailiff would be exempt.

 

The reason I'm looking for this is I can't find the agents name on the bailiffs register. Could this agent be exempt ?

 

Also when they came to the door they asked if it was OK to record with their camera, which I thought unusual as I would imagine they would of liked filming everything with or without your permission anyway. Just thought I'd mention it..http://www.civea.co.uk/news/certificated-bailiffs-online-register/

 

What the hell is this all about!!

 

Just the clarify, an enforcement agent enforcing council tax arrears must hold a certificate.

 

Second point, the online Bailiff Register has had problems for many years but that said, it is far more accurate than it has been in the past. The problem that arises it that individuals searching for a name need to realise that the register is case sensitive so you must enter the precise surname (which can be a major problem with foreign names!!).

 

Personally, I rarely find that a bailiff is missing on the register and this is because; if the initial search comes back as negative, I use the search 'all' facility (longwinded maybe but it gets the results and works for me).

 

Almost every bailiff uses BWV (Body Worn Video). It greatly assists in cases where there may be a complaint made to the enforcement company. I'm pleased to hear that the enforcement agent sought your permission. It's certainly good practice.

 

Have you spoken to the enforcement agent yet to seek a way of resolving your enquiry?

 

PS: Enforcement companies value the contract that they hold from their relevant local authority client. They would have had to undergone an extensive tendering exercise and most contracts when awarded, last for up to 5 years (and in rare cases even more). An enforcement company would not want to risk that contract by sending an un-certificated agent to a debtors address to take control of their goods. It is simply not worth the risk.

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Well that didn't go well. I rang their office and spoke to someone about setting up a payment plan, I explained the situation and he was unhelpful and they said i have to contact their agent. I rang the agent and basically talked to me as though I was a piece of s***. I explained that I wanted to set up a payment plan, I even put out that I would pay above £50 a month and they refused...

They keep saying that I've received 3 letters and have had plenty of warning but that is not the case. I have only received a letter yesterday and now one today with £110 added on.

 

Now what? Where do I go from here...

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I did offer £62 a month from 1st September but they knocked it back. I've spoken with the council recoveries dept. And they are going to have a word with Jacobs, however the situation has changed slightly so it looks like the monthly payment that I offered will have to come down.

This is all still ongoing at the moment so I will post back when I get a result.

 

When I speak to Jacobs later I will see if they have added that £110 on, BTW no goods have been levied.

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