Jacobs Bailiffs - advice appreciated

[gillygem]

Hi all

I got into council tax arrears in the property my daughter and I were renting for 7 months ending 23/01/15 to which Jacobs Bailiffs were assigned to recoup the debt. Jacobs never visited the property once, only letters were sent. I paid my debt to the council in full before moving out of the property. (Since then I have lived with my 80 year old mother). I then received a letter from Jacobs stating their fees of £75.00 in February 2015. I sent a cheque to them for this amount on or soon after receiving my first pay on 17/02/15 (I had been trying and applying for a job for 15 months before finally having success and started working 26/01/15). Happy days. Then, out of the blue 6 months later, I receive a hand delivered letter giving 7 days notice of unpaid fees to the amount of £310.00. Of course this warranted a phone call to Jacobs who stated they had try to contact me on several occasions by phone. I explained to the bailiff that I had already sent the initial charge of £75 to them by cheque and also that my phone automatically blocks private/withheld/unknown phone numbers so I would not have received any phone calls from them. He advised that no cheque had been received...I did only send it by first class post and not recorded, in hindsight this would've been the best thing to do but not anticipating any problems it didn't enter my head?!

I re-iterated I would have no issue with paying the £75 upon checking with my bank that this hadn't actually been cashed. I did check and no it hadn't. I do, however, have an issue with paying the remainder of the 'costs' they have applied. Why oh why would they purely try to ring somebody without sending a recorded letter advising that payment had not been received within a month or so? This would've brought to my attention the fact they hadn't received the cheque and I could've re-sent. Instead, they leave it 6 months, attempt to accrue charges and expect me to pay? For one, I could've got a brand new phone, changed my number etc etc and two, a lot of people have automatic withheld phone blocking.

Citizens Advice Bureau had been dealing with them for me and had obviously been in contact with the council to confirm there is no outstanding debts. The council have confirmed this to both myself and to CAB. I have received a letter from CAB saying that Jacobs are still insisting that they did try to contact me, their fees have been correctly charged and they are not willing to remit any of them so they are unsure if there is anything more they can do but will continue to see if there is any further action they can take.

I do not accept that they had sufficiently attempted to contact me. A recorded letter stating payment hadnt been received in March or similar would've avoided all this completely and I do not accept attempting to contact somebody only be telephone is a reasonable and sufficient attempt? I just get the feeling that this is some sort of scam they are trying to pull and I refuse to be a victim to it! 'Oh it's only £75...let's pretend to not receive the cheque, make no contact then slap silly charges on 6 months down the line'???

From reading other forum threads regarding Jacobs, I have followed the advice given out to a lot of people to send a letter requesting a 'breakdown of fees', which I have done today.

What do you all think? Just to re-cap, Jacobs are chasing me for re-couping their fees, not the councils...this was been paid in full 01/15.

Any help/advice will be much appreciated. Thanks

[Debt Camel]

Re: Jacobs Bailiffs - advice appreciated

A recorded letter stating payment hadnt been received in March or similar would've avoided all this completely

I think it very unlikely you will get a judge that wants to make legal history by saying this.

Of course of you had checked your bank statement that too would have shown that the cheque was not cashed.

I just get the feeling that this is some sort of scam they are trying to pull and I refuse to be a victim to it!

'Oh it's only £75...let's pretend to not receive the cheque, make no contact then slap silly charges on 6 months down the line'???

I am no fan of bailiffs, but what you are suggesting would be a ridiculous way to proceed. What if you were later unable to pay anything or they couldn't find you because you had moved? No commercial organisation that wants to remain in business would not cash a cheque like that.

I suggest you apply Hanlon's Razor (https://en.wikipedia.org/wiki/Hanlon%27s_razor) and realise this is either a question of your letter getting lost in the post or of incompetence by the bailiffs. Not some dastardly ploy.

Having said that, I think you are entitled to ask how a debt of £75 has escalated to £310.

[Sir Vere Brayne d'Emmidge]

Re: Jacobs Bailiffs - advice appreciated

The reason that the debt has escalated by a further £235.00 is because:

1) You paid the original debt directly to the Council, having been prompted by Jacobs letter, but failed to pay the Compliance Stage fee of £75.00 to Jacobs.

2) Jacobs was (oddly) nice enough to remind you by letter of the £75.00 ( they could have sent an Enforcement Agent at that point), but unfortunately your cheque never reached them. I am sure that in the reminder letter they stated that clear funds only are acceptable, a personal cheque is not "clear funds"

3) After haing waited for 6 months for the £75.00 Jacobs decided to pay you a visit, hence the extra £235.00.

Jacobs actions are lawful and reasonable.

If you read some of the stickies on this Forum you can see how the fees are applied and payments split between Creditor and Enforcement Agencies.