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Jacobs

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  • #16
    Re: Jacobs

    nothing heard back from Jacobs on this until today ... my friend is now in tears and self-harming as a result of these to$$ers :mmph:
    [MENTION=90984]Indebt[/MENTION] [MENTION=62334]Snoopy1948[/MENTION] ... any advice please??

    Attached Files
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

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    • #17
      Re: Jacobs

      Typical threatogram & this is only for 1 of the debts, no doubt another will be received before too long in aa similar vein. It is the Council who make the final decision about Committal proceedings and before anything can happen it has to go before a Magisstrate and a debtor has to tell them he refuses to pay.

      Has the local Councillor(s) been appraised of the situation? If not then do so over the weekend. If they are reluctant or refuse then go to the Leader of the Council & his opposite number.

      Comment


      • #18
        Re: Jacobs

        the local MP has been contacted twice now ... 1st time they wanted nothing to do with it, this time I stepped in (and made a big deal about my friend being vulnerable due to the self-harming). She replied saying she couldn't do anything unless THEY got in touch with her ... which was more than she did last time ... so I emailed her a signed consent letter (with a copy being sent in the mail) allowing me to deal with this on their behalf xx
        Originally posted by ploddertom View Post
        Typical threatogram & this is only for 1 of the debts, no doubt another will be received before too long in aa similar vein. It is the Council who make the final decision about Committal proceedings and before anything can happen it has to go before a Magisstrate and a debtor has to tell them he refuses to pay.

        Has the local Councillor(s) been appraised of the situation? If not then do so over the weekend. If they are reluctant or refuse then go to the Leader of the Council & his opposite number.
        - - - Updated - - -
        [MENTION=26498]ploddertom[/MENTION] ... if this is now passed back to the council, is the £235 forfeit??
        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

        It doesn't matter where your journey begins, so long as you begin it...

        recte agens confido

        ~~~~~

        Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

        I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
        But please include a link to your thread so I know who you are.

        Specialist advice can be sought via our sister site JustBeagle

        Comment


        • #19
          Re: Jacobs

          Originally posted by Kati View Post
          the local MP has been contacted twice now ... 1st time they wanted nothing to do with it, this time I stepped in (and made a big deal about my friend being vulnerable due to the self-harming). She replied saying she couldn't do anything unless THEY got in touch with her ... which was more than she did last time ... so I emailed her a signed consent letter (with a copy being sent in the mail) allowing me to deal with this on their behalf xx

          - - - Updated - - -
          @ploddertom ... if this is now passed back to the council, is the £235 forfeit??
          If they accept her as being vulnerable then it can still be left with the Bailiffs albeit through their Welfare Dept and yes the £235 fee is usually removed. Personally I have no faith in any MP which why I suggested Councillor(s).

          Comment


          • #20
            Re: Jacobs

            Originally posted by ploddertom View Post
            If they accept her as being vulnerable then it can still be left with the Bailiffs albeit through their Welfare Dept and yes the £235 fee is usually removed. Personally I have no faith in any MP which why I suggested Councillor(s).
            thank you

            I think what I am trying to find out ...
            1, if they've delivered a letter saying they're recommending committal action then surely it has to be sent back to the council (the EA's cannot start this themselves can they)? Which means that the £235 has to be removed??
            2, If it was returned to the council, then I understand that there would only be a committal case if the 'debtor' fit into one of two categories -
            • REFUSAL to pay - they refuse to pay CT no matter what
            • CULPABLE NEGLECT - they spend money on other things (such as cars/holidays) instead of CT

            am I correct here?? (If so, neither of these are applicable in this situation)

            ??
            Debt is like any other trap, easy enough to get into, but hard enough to get out of.

            It doesn't matter where your journey begins, so long as you begin it...

            recte agens confido

            ~~~~~

            Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

            I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
            But please include a link to your thread so I know who you are.

            Specialist advice can be sought via our sister site JustBeagle

            Comment


            • #21
              Re: Jacobs

              The letter they have sent is meant to ramp up the pressure on the debtor, particularly at this time of year. As for the fee then will have been put on the account before this came - see below.

              Usual progress once handed to Bailiffs:
              1 - Notice of Enforcement £75 - the first letter that comes giving 7 days clear Notice for the debtor to get in touch to make an offer of payment. If accepted then provided all payments are made in line with the proposal then there will be no visit or further fees.
              2 - Enforcement Visit £235 - if the above is ignored or broken then a visit will be made and this when the fee is incurred, even if no one in & a letter left the fee can be charged. The intention is for the Bailiff to take control of goods but if none available to seize then no more fees can be charged.
              3 - Sale fee £110 + Disbursements - If a properly executed Controlled Goods Arrangement is made and conditions of payment is broken then the Bailiff may re-attend to remove them for sale & at this stage the sale Fee may be charged. If a sale does go ahead then the debtor can be charged the reasonable costs of doing so.

              With the Notice you have there is no fee that can have been charged and it is as said designed to ramp up the pressure. In all honesty I can't see the Council issuing Committal proceedings for such a small amount.

              I am not making any criticism but the initial letters that were sent should have been chased up rather than just leaving it. The assumption is that the account was put on hold for 30 days or so and as no suitable arrangement had been made the enforcement has recommenced - regardless of whether the Council have sorted it or not. If you followed Indebts advice in writing to the CEO then this appears to have fallen on deaf ears or put on a pending pile somewhere - hence my advice to involve Councillor(s) who can march in and demand answers, some of which may not be what you wish to hear.

              Comment

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