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Hi,

 

Need some advice,

 

I got a letter on Friday from Jacobs Enforcement Agents for my Council Tax and it states on the letter the following:

Removal Scheduled for 18/6/2018 at 7.30am

- now all I need to know is that can Jacobs force entry into my flat?

 

I am worried as I will be out as I am in work from 8am - 6pm.

They haven't been in my flat as I haven't been answering the door, so can they still force entry even if they haven't been in my flat?

 

I am waiting for it to go back to the council so I can set up a payment arrangement with them.

 

Hope for some advice thanks, been worrying all weekend.

 

Regards.

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No, for council tax they cannot force entry on initial visits.

Different situation if you sign a walking possession order but you haven't.

 

You can try having the council take the debt back but you will need extenuating circumstances for them to do this.

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No they cant

But no also is your 'waiting for it to go back to the council' theory

 

Where did you get that useless info from?

If you've had the £75 notice of enforcement letter?

And they've already attended your home too?

 

Thats just cost you an extra unnecessary £325

You should have made a sensible arrangement with the bailiffs within 7 days of the NOE......


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No they cant

But no also is your 'waiting for it to go back to the council' theory

 

Where did you get that useless info from?

If you've had the £75 notice of enforcement letter?

And they've already attended your home too?

 

Thats just cost you an extra unnecessary £325

You should have made a sensible arrangement with the bailiffs within 7 days of the NOE......

 

I didn't think it was useless, that is what I got told on a [removed] - everyone is saying that it will go back to the council, unless they lying?

 

No, for council tax they cannot force entry on initial visits.

Different situation if you sign a walking possession order but you haven't.

 

You can try having the council take the debt back but you will need extenuating circumstances for them to do this.

 

Thanks sgtbush for the advice :)

Edited by dx100uk
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I think you may find that [removed] is a freeman of the land type site and you should not take that seriously.

 

The debt is unlikely to be returned to the council, as the enforcement fees are now due to the enforcement company.

Once it has gone passed the 7 days allowed in the enforcement notice and a visit has taken place, you will find that the enforcement company will keep your file to see if they can enforce.

 

If you have anything outside the flat they can seize items outside.

 

If you don't enter into payment arrangement, other enforcement options will be looked into. If you are employed, payment can come out of your wages, which the council can arrange and then pass some of the money to enforcement company so they receive the fees due to them.

 

In the situation, you are probably best to write to the council advising that you are not avoiding payment, but simply do not have the time to deal with council or any enforcement company.

 

Ask the council to supply their account number and sortcode, so you can set up a standing order or look on the councils website to see if these details are provided. Then set up a standing order for an affordable amount. The council will no doubt just refer you to enforcement company, but at least you have it in writing that you offered to pay the council, which will be handy if you are taken to court.

.

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That's incorrect.

If an attachment of earnings is used then the warrant will have been voluntarily returned by the bailiff and their fees are no longer due.

Only one enforcement power can exist for the debt at any time.

 

The OP is correct - if they have nothing of value outside and no CGA is in place then 'waiting it out' (for want of a better phrase) will see the warrant returned to the council and the fees removed. It's not ideal and you won't know when the warrant has been returned, but if you can put up with the bailiff calling without warning any day between 6am to 9pm then it will work.

 

I'd advise the OP to contact the council and remind them that there is no obligation to deal with the bailiff and doing so would only increase the debt.

Request that the warrant is returned otherwise you'll await for the bailiff to return the warrant voluntarily

Make it clear that this is not a refusal to pay and that you will be putting money aside each month/week to pay towards the debt once the bailiffs are no longer involved.

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I didn't think it was unless, that is what I got told on [removed] - everyone is saying that it will go back to the council, useless they lying?

 

 

Much of what is posted on there is garbage, but 'sitting it out' is an option if you can stomach it, as explained in my post above.

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I didn't think it was useless, that is what I got told on a [removed] - everyone is saying that it will go back to the council, unless they lying?

 

The debt will eventually go back to the council but that is not an option at the moment. You will not get told when a debt is returned but in almost all cases that I assist with, the position will be that when the account is returned, the council will merely refer it to another enforcement company under contract to them. Most councils have contracts with at least 2 and many times, 3 enforcement companies.

 

Did you not contact the local authority when notified that a Liability Order had been obtained?

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per i'd be finding out who the owner of that facebook group is and SUE THEM.

they've cost you £325! with wrong information that they've been told is wrong and proved wrong 1000's of times before here going back +5yrs but still do it!


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That's incorrect.

If an attachment of earnings is used then the warrant will have been voluntarily returned by the bailiff and their fees are no longer due.

Only one enforcement power can exist for the debt at any time.

 

 

No you are incorrect..... CPR 70 .2

 

Methods of enforcing judgments or orders

70.2

(1) Practice Direction 70 sets out methods of enforcing judgments or orders for the payment of money.

 

(2) A judgment creditor may, except where an enactment, rule or practice direction provides otherwise –

 

(a) use any method of enforcement which is available; and

 

(b) use more than one method of enforcement, either at the same time or one after another.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part70

 

 

Regards

 

Andy


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No you are incorrect.....CPR 70 .2

 

Methods of enforcing judgments or orders

70.2

(1) Practice Direction 70 sets out methods of enforcing judgments or orders for the payment of money.

 

(2) A judgment creditor may, except where an enactment, rule or practice direction provides otherwise –

 

(a) use any method of enforcement which is available; and

 

(b) use more than one method of enforcement, either at the same time or one after another.

Regards

 

Andy

 

 

 

 

70.2 doesn't apply to council tax.

 

 

The Council Tax (Administration and Enforcement) Regulations 1992 part 52:

(2) Steps under this Part by way of attachment of allowances, attachment of earnings, distress, commitment, bankruptcy, winding up or charging may not be taken against a person under a liability order while steps by way of another of those methods are being taken against him under it.

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Relationship between remedies

 

52.—(1) Where a warrant of commitment is issued against (or a term of imprisonment is fixed in the case of) a person under regulation 47(3), no steps, or no further steps, may be taken under this Part by way of attachment of allowances, attachment of earnings, distress, bankruptcy or charging in relation to the relevant amount mentioned in regulation 47(4).

 

(2) Steps under this Part by way of attachment of allowances, attachment of earnings, distress, commitment, bankruptcy, winding up or charging may not be taken against a person under a liability order while steps by way of another of those methods are being taken against him under it.


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yet again cag blows these silly people that just cost this member £325 out the water totally

 

PowerlessFlawedGyrfalcon-max-1mb.gif


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Morning,

 

Please accept my apology if this isn't in the correct topic but need some urgent advice,

 

I got a huge council tax debt problem which needs sorting ASAP,

at the moment I have outstanding is: £2,623.75

 

I have got bailiffs (Jacobs Enforcement) on my back,

but I got told they can't force entry for council tax, is this correct?

 

I got a letter over the weekend stating removal is in place, but they never been in my flat.

 

Today, I am going to look for some advice regarding this as this is making me depressed.

I also been told that I could get evicted from my flat,

but I think this is untrue as council tax is nothing to do with eviction, is this correct?

I am with a housing association.

 

I can't believe I left it too long, I buried my head in the sand hoping it would go away, but didn't knew council tax was a priority bill.

 

Could Citizen Advice help me with this debt?

 

Any advice would be great, thank you.

Edited by dx100uk
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They cannot break into your house, unless they have been inside before.

 

They can break into outbuildings e.g. Sheds, separate garages. They can look in your garden.

 

Don't have anything outside the house, you don't want them to seize.

 

If you have had notice of enforcement and are still within the 7 day notice period, give their office a call, to see if you can come to an arrangement.

 

Enforcement companies will keep trying and won't just pass back to the council. If you are not working, have no goods of significant value and have little means to pay this debt, then it is your choice, whether you let Jacobs agent see this. If you satisfy Jacobs that they won't be able to recover this debt, then it will go back to the Council quicker. The Council can apply for the debt to be deducted from any benefits you receive, with a small deduction being taken each month.

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what letters have you received?

have you had a notice of enforcement?

 

dx


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Morning,

 

I got a huge council tax debt problem which needs sorting ASAP, at the moment I have outstanding is: £2,623.75

 

I have got bailiffs (Jacobs Enforcement) on my back, but I got told they can't force entry for council tax, is this correct?

 

I got a letter over the weekend stating removal is in place, but they never been in my flat.

I also been told that I could get evicted from my flat, is this correct?

I am with a housing association.

 

I can't believe I left it too long, I buried my head in the sand hoping it would go away, but didn't knew council tax was a priority bill.

 

Could Citizen Advice help me with this debt?

 

 

Before getting to the very late stage of receiving a 'Removal Notice', you should have received a previous letter from Jacobs called a Notice of Enforcement. It is on receipt of this notice that a payment proposal can be made. Did you receive this notice? If not, have you moved address at all?

 

Please ignore any threats about 'eviction'.

 

This is council tax debt and there is also no right to 'force entry'. As the debt has now been escalated to the 'enforcement stage' then it is only right that you be made aware that the enforcement agent would look towards seizing a vehicle that may belong to you to cover the debt. On this point, do you have a vehicle? Is it subject to finance?

 

PS: Are you working or in receipt of benefits?

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Hi, thank you, Yes, I keep getting lots of letters about removal stages and that's all, and no, not moved adress as I live in my flat since 2012

- that's great about eviction, I thought that was wrong information.

I don't drive so don't have a car.

 

what letters have you received?

have you had a notice of enforcement?

 

dx

 

Yes, and keep getting letters with the red letter stating - REMOVAL - 7 DAY NOTICE and the amount below but nothing after them letters and they don't make any contact for weeks.

Edited by dx100uk
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did you ever get a notice of enforcement ??


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Yes, and keep getting letters with the red letter stating - REMOVAL - 7 DAY NOTICE and the amount below but nothing after them letters and they don't make any contact for weeks.

 

As you are becoming distressed at the letters, it may be a good idea to send an email to Jacobs to outline an affordable payment arrangement?

Are you working or in receipt of benefits?

Are you a single person or single parent etc?

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Yes, I have been trying to come some sort of a payment arrangement but Jacobs is not having any of it, they state that if I pay a full payment in full on one account then they can do it but I can't afford to pay a full amount.

 

No, I am not currently working but aiming to get back into work ASAP just very quiet at the moment with jobs and I am on Universal Credit and I am a single person living in a 1 bed flat from a Housing Association.

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If you haven't a car, and you don't let them in, there isn't a lot Jacobs can do, they can't add any more fees, certainly not the Sales fee as they have no Controlled Goods Order on anything. Presumably you have nothing of value in the flat anyway, bear in mind that for £2,000 of debt they would need around £20,000 of goods as at a distress auction stuff fetches around 10% of its value.


The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Google your local council Code of Practice on Ctax Recovery, you will see that being out of work , on benefits makes you a vulnerable person for the purposes of Council Tax collection, meaning that bailiffs cannot be used.

 

Call your local council in the morning and explain this to them, and they will have to call the Bailiffs off immediately. It's highly likely that they have never bothered reading their own COP, and you will be told that this is not the case.

 

If this happens, email your local councillor immediately, explaining your situation. You will find that the problem will be solved very rapidly

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Google your local council Code of Practice on Ctax Recovery, you will see that being out of work , on benefits makes you a vulnerable person for the purposes of Council Tax collection, meaning that bailiffs cannot be used.

 

 

Do you have a link for this?

 

I think you will find that it says that people from this group may be more likely to be vulnerable, not are vulnerable.


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https://www.oxford.gov.uk/download/downloads/id/445/council_tax_debt_recovery_procedure.pdf

 

Try this, it's a PDF download, there are several pages on what constitutes vulnerability.

 

All my advice on here is based on my own experience, I used this COP, my wife was chronically ill (I offered to provide a full consultant's report). The Bailiffs were called off and all costs revoked.

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