JBW Enforcement/Aggression and huge concern

[Mr Bell]

Hi, I had the unpleasant experience of having a scuffle with a Bailiff. 

I am traumatised because of it and worried sick about what will happen next.

 

I will outline what happened and ask:

What are my rights?

Can they take me to court if the Bailiff lies?

I am sure he will.

 

I had a Bailiff come to my property on Friday 23^rd August 2019. 

My front door was open and I was upstairs.

 

I came down and I asked ‘who are you?’ . 

What followed was this person’s head down in his chest fumbling between two different phones spurting out information that had no relevance to my present life. 

 

He mentioned the previous borough I lived in – I moved from there five years ago and have had no connection to there since. I asked again who he was and he was still fumbling between two phones.  He then mentioned ‘debt’, which instantly caught me off guard.  I did not have any debt and knew that I left the home debt free.

 

My first reaction was that he was bogus. He did not show me his badge at this point nor did he let me know he was filming me either...

 

I said ‘Who are you and why are you at my door?’ I can’t remember his response, but do remember him next saying, that I could take his letter.

 

He threw this at me and it landed on my floor (this he admitted to the police). I was shocked at his rudeness and picked it up and gave it back to him and said, ‘I am not taking it…I don’t even know who you are’. 

 

He threw it at me again and I did the same back.

He squared up into my face aggressively and I was intimidated, but angrier at his rudeness.

 

I stood up on my door step and asked him what he was thinking of doing to me…a 51 year old woman. He stood for a while breathing heavily staring me out with a smirk on his face.  

 

I put the letter back over his shoulder, and at this point he threw it hard at me managing to punch my face. I was shocked angry and confused all at the same time and so as he left  I tried to put the letter over his shoulder a final time, at this point he grabbed the letter and threw it in my face and bounced off and landed just under my window.

 

My son came down when he heard the noise and he decided to leave, we followed him where, I asked him again who he was and why he behaved so aggressively to a woman.

 

My son, although towering this man never once raised his voice or become aggressive unlike this grown man. He asked him what his problem was and if he felt it was okay to hit women and the Bailiff at this point was laughing saying that he told us who he was.  He then apologised for hitting me (whilst laughing), stating that ‘he should not have done it’.  

 

I felt so abused that someone would come to my door and treat me in such a rude and aggressive manner that I did not believe he was a professional and decided to call the police.

 

Then he rushed to his car and I asked him not to leave. 

He said he would not and that he would wait for the police.

He then turned the engine on after speaking to his office on the phone.

 

I was in front of his open door and he literally stepped out of his car, pulling the door shut and in the process, knocking me aside. He slammed the door shut whacking my forearm with it.

 

He then sat laughing and smiling. My son took pictures of his reg number and he then took photos of my son and laughing whilst doing so. The police spotted him driving away.

 

This is deplorable and I have since seen evidence that this is common behaviour with JBW.

When the police came, we were talking and a postman arrived with a letter, I opened it and it was from JBW, the first I have ever received. It stated that the bailiff had come to my home to remove goods and that I had refused to let them in. It stated that I had wilfully refused to pay. I showed it to the police who gave me a hand Written letter from the Bailiff.

 

This letter came after the Bailiff did did on the same day and it was the second time I had ever received contact from JBW, the first being the visit that preceded the letter on the same day by the aggressive Bailiff.

 

I had severe headaches that have lasted until the following evening, I have been caused stress unduly, having had to deal with such aggression. My son had to witness a grown man use intimidation tactics against me even though we are not in the wrong and have never seen JBW before in my entire life.

 

I spoke to the Council and have subsequently written to the CEO. I was transferred from my property to my new home in another borough, (because of antisocial behaviour from my neighbour), there was no debt.

 

My housing officer stated that she would close everything down as far as Rent and Council Tax. I had no Council Tax bill as I was not working and nor were my children. 

 

According to the Council Tax department, an adjustment was apparently made after I had left the property and they pursued the debt at the old address even though they knew I was no longer living there. 

 

They were told by the housing association that I had left and I have spoken with the complaints team who agree that they would have been given the information as to where I moved to.

 

After speaking to JBW that same afternoon I ascertained the events that led up to my being punched in the face:

·         They received the account on February 2nd 2019 at 10.27 (five years later)

·         They then issued letters to 93 Euston Road (even though the council new I had moved borough and not Housing Association)

·         Agent went to the address at 7.55 on 4th June 2019 (apparently no one was in) and they left a letter which incurred £235

·         A final notice was issued on 5th June and sent to 93 Euston Road

·         Another letter was sent on the 7th of June

·         An email was sent to an old email address of mine. (this was odd because at the time they wrote this, they allege they had no idea as to where I lived or what my contact details were. They only had my name and previous address).

·         12th June 2019 they did a search on call credit and found that my address had changed.

·         14th June 2019 they sent a bailiff to my home, but he did not attend because it was out of the area.

·         They waited until yesterday 23rd August around 3.30 to send a heavy-handed bailiff.

 

If JBW had my address since June 2019, why did they not send me a letter. Why lie, stating that they had tried to visit my property and I wilfully refused to pay. None of this is true because we were no longer tenants in the borough and the adjustment had not even been made before we left on 4th August 2014.

 

If the Council had contacted us or the Housing Association, we would have paid the outstanding £107’. He stated that they were not given any new address, just the old address, five years later in 2019.

 

They said that they can get the money even if the address changes.  I understand this, if I absconded from the address after being given a bill and then you subsequently finding me at another address, however, I was not living at the address when they decided to make a further adjustment. I had left the borough having no monies owing.

 

I made a complaint and today received an email stating that it has been sent to their Legal and Compliance department for investigation.  I did nothing wrong. Maybe I should not have insisted on giving back the letter, but I reacted to having paper thrown at me and also to being caught in the face and on my arm deliberately.

 

I also made a complaint to he council who initially were extremely rude also. They have not yet gotten back to me with a response.

 

What is going to happen to me?

 

Can they ask me to pay even more? The bill was £107 and bailiff bill 5£23

 

Will they take me to court for resisting?

 

This has impacted my life in that I am now scared to go out and worry about my son going out. The man took pictures with his mobile of us when he was in his car.

 

Any help will be appreciated.

 

Thanks

 

 

[Bailiff Advice]

As the council have confirmed, an adjustment for council tax was made after you moved. The law provides that demand notices should be sent to the last known address (which in this case was 93 Euston Road). A Liability Order was obtained against that address.

 

From what you have said, I do not see any reason why you would have needed to provide the council with a forwarding address. It is not clear from your above post whether the council were aware of your new address or whether they were only aware that you had moved. 

 

Please do let us know what response you receive from the council. 

 

On 12th June, JBW  confirmed that they had identified a new address for you and that two days later (on 14th June) a bailiff visited that property. He should not have done so.  

 

What should have happened was that as a new address had been identified, a new Notice of Enforcement should have been issued to that particular address (in this case; your current address). At that stage, only a Compliance Fee of £75 can be added to the debt.  The 'enforcement fee' of £235 should have been removed. 

 

It is JBW's responsibility to now provide you with a fresh Notice of Enforcement. 

 

As you had the door open, the bailiff was able to gain peaceful entry into your home. There was nothing wrong in this at all. 

 

What appeared to have happened is that you refused to accept the letter that he was trying to give to you. You have said yourself that maybe you should not have insisted on giving the letter back. Hindsight is a wonderful thing. 

 

Almost all bailiffs wear body worn cameras and JBW (and I suspect the council), will view the footage before responding to your complaint. If you are unhappy with their response, you are perfectly entitled to request a copy of the recording. 

 

You have commented above that you have now seen evidence that this type of behaviour is common with JBW. Can I please assure you that you are not correct in this assumption.

 

I have personally been advising the public on bailiff enquiries on this forum and elsewhere for almost 14 years. Bailiff enforcement was completely overhauled in 2014 and thankfully; the new regulations have significantly improved the way in which bailiffs (from all companies) enforce debts. Another reason for less complaints is that thankfully, 

 

Given the type of nature of the business, common sense will tell you that it would not be possible for there not to be complaints about bailiff behaviour. 

 

A further reason for less complaints is that thankfully, since 2014, there is far better advice on websites about bailiff enforcement. Significantly, almost all websites run by Freeman on the Land activists have disappeared since 2014. Unfortunately, their silly videos continue to be available to view on YouTube. Most, if not all, should be ignored. 

 

 

[Mr Bell]

First of all, thank you for your response.

As there is not an ounce of empathy on your part, I can only assume that you are a JBW Bailiff. 

 

I just know that I left with no debt. 

My Housing officer told me that she would let the council know that I had moved.

She even told me she would contact my new council and let them know too.

I was dubious and contacted them myself to make sure we were billed for council tax and housing benefit.

As it was a direct transfer within the Housing Association, she would have given them that information.

 

The council knew my address because I called them when I left and told them that I had been overpaid housing benefit. (yes, I am an honest person)  I spoke to them on more than one occaision and even remember receiving a letter from them regarding one of their staff members being really rude to me.  They had my new address.  All the council would have had to do would have been to contact my housing association for my new address.

 

Sadly, no one seems to lift an eye when people are treated badly by those that are in trusted positions.

The Bailiff was young and a hothead.

He laughed after the ordeal and sat in his car taking images of me and my son laughing his head off

 

.I guess the camera wouldn't have picked that up, right?  

He also pulled his door closed on my arm, which was extremely painful.

Are you going to say my word against his?  

 

This happened five years after moving from an area and it is unacceptable.

Your lack of empathy is noted and I suppose I am on my own.

 

Again, thanks for your time.

[dx100uk]

Quote

As there is not an ounce of empathy on your part, I can only assume that you are a JBW Bailiff. 

 

 

Bailiff Advice wouldn't be here with +4000 post if they were Mr Bell.

[Peterbard]

Hi and sorry to hear about your problems

 

 

The problem is, we get so many trolls on here, and sadly our natural concern is thrown back in our face.

Perhaps it does seem hard on legitimate people, but it is only human to be wary, until we get to know the new member.

 

Meanwhile, BAs advice is absolutely correct, that you can depend on that.

Edited August 31, 2019 by Dodgeball