Help/Advice needed please

[Flyer26]

Hi all,


I'm completely new to this kind of thing but I'm having problems with Jacobs Bailiffs who are acting on behalf of my local council where I have built up arrears on my council tax (£1513 total).

Anyway in brief this is the situation:

• Im currently self employed as a builder and over the last 3 years suffered both a serious illness and also none payment of a few very large contracts which caused me extreme financial hardship.
• Around 8 weeks ago I received a letter from Jacobs stating that they would be attending the property to seize goods in relation to my council tax account, at this point I contacted them and was visited 2 days later by a bailiff who agreed a payment plan of £163 per month and told me I had to sign a "walking possession order" which includes my TV, Sofas, Laptop and DVD player.
• The payments were to be made by 7th of each month and I set up a standing order with my bank to make the payments (first one went fine in April)
• At the beginning of this month I was asked to go to Greece to do some work on a clients villa for approx 3 weeks and while I was away my standing order was returned unpaid due an unrelated bank charge of £30 which I was unaware of.
• On my return I had a letter from Jacobs stating that the payment arrangement was now cancelled and are demanding payment in full.

Anyway my whole aim was just to try and get this resolved, it now seems like I have been naive at best to let the guy in and sign the possession order (I've never had any problems like this before and just trusted what the guy said). At the moment there is no way I can raise the money to pay this full balance and I contacted Jacobs but they are not interested even though I have demonstrated my willingness to try and resolve it. Additionally I contacted my local council who simply told me it was in the hands of the bailiffs and that I needed to deal with them.

Please can anyone advise what options I now have (if any) and how I should proceed, I'm tempted to just move/dissapear but my landlord is a good bloke and I don't want to let him down like that.
Thanks in advance


Peter

[labman]

Re: Help/Advice needed please

Hi Peter,

What a shame you let the bailiff into your house and signed the WPO, but it's done.

The first thing to do is to find out exactly where you stand. In order to do this you need to send Jacobs Letter 1 from here:

http://www.legalbeagles.info/forums/...Useful-Letters

You also need to phone the council and get answers to these questions:

1. How many Liability Orders they have against you?
2. The dates they were obtained?
3. The addresses they were for?
4. The period of time each covers?
5. How much each one was for?
6. How much is still outstanding?
7. The dates they were passed on for enforcement?

Once you have this information we can move forward. Meanwhile try to avoid the bailiffs. Unfortunately, if they have gained peaceful entry to your house, they can come in at any time, but I think this is unlikely.

Could you also write up what was written on the Walking Possession Order exactly as they have written it. Check also if your sofas have the fire safe labels on. Do you have other seating besides the sofas upon which they have levied?

[CleverClogs]

Re: Help/Advice needed please

First of all, read this ---> link

If you have a scanner (or, failing that, a camera even if it's on a mobile 'phone) could you put up an image of the Notice of Seizure the bl--dy bailiff left? I am fairly confident that it will be invalid...

[CleverClogs]

Re: Help/Advice needed please

What a shame you let the bailiff into your house and signed the WPO, but it's done.

Even if the levy is improper or invalid?

Could you also write up what was written on the Walking Possession Order exactly as they have written it. Check also if your sofas have the fire safe labels on. Do you have other seating besides the sofas upon which they have levied?

Do you suppose the goods listed - even if none is exempt - would realise enough at auction to cover the bugger's fees, let alone pay off the debt?

[labman]

Re: Help/Advice needed please

Why do think I asked the question? If the furniture is not fire certified, then it cannot be seized and there has to be enough seating left for the family. I'd be surprised if the levy was valid, but I'd rather be sure.

[Flyer26]

Re: Help/Advice needed please

Hi there,

thanks for the quick replies, yes I can upload the copies of the walking possession orders (There are 2 of them) see attached.

Yes the sofas have fire certificates but no I dont have any other seating in the house

Yes agree real shame I was naive enough to let the guy in, as I say Ive not had any dealing before with anyone like this and just wanted to get things resolved. The thing that bugs me is it clear they dont actually care about getting it sorted out, they just seem intent on making it as painful as possible.

Thanks again - I'll get onto the council tomorrow and also fire off that letter to the bailiffs

Peter

PETER
I've removed the attachments as they had your name and address on them. Could you post them up again please with all personal information removed?

Thanks.

[Flyer26]

Re: Help/Advice needed please

Also my major concern is more the laptop as it has all of my accounts etc on it as well as business contacts etc so I'm just in the process of backing everything up.

Thanks

Peter

[labman]

Re: Help/Advice needed please

If the laptop is genuinely a tool for work, they are not allowed to remove it. It's looking increasingly likely this levy is invalid.

[Flyer26]

Re: Help/Advice needed please

Yes apologies, knowing my luck I'll get my identity stolen lol, new images uploaded


Thanks again

Peter

[Flyer26]

Re: Help/Advice needed please

Thanks labman,

yes the laptop is vital for everything from invoicing customers through to my accounts. Tried explaining this to them on the phone but they were not interested whatsoever

[labman]

Re: Help/Advice needed please

I think they're having a laugh. There is absolutely no way, even if this were valid, that these goods would fetch the amount needed at auction. I would say therefore the levy is definitely invalid.

I would write to them (copy all correspondence to the Head of Revenues at the Council) stating that the levy is invalid because ......... therefore they do not have a Walking Possession Agreement in place and are not allowed to enter your property.

After this, you do not have to have anything further at all to do with the bailiffs. Once you get the cost of any LO's the council have against you, you need to tell the council how you can repay those (ideally this financial year, but it must be affordable and sustainable for you), and Jacobs will need paying £24.50, assuming this was their first visit or £42.50 if they visited more than once.

You must ensure they do not get a levy on anything in future - this means denying them access to your house. They will not like you dealing with the council, but post up answers to the questions above asap and work out what you can comfortably afford and sustain. After that, you can pay the council online, or via their automated telephone service.

[CleverClogs]

Re: Help/Advice needed please

I think they're having a laugh.

Or the levies were done merely to garner fees?

There is absolutely no way, even if this were valid, that these goods would fetch the amount needed at auction.

Indeed - they'd not even realise enough at auction, after deduction of fees and expenses, to pay off the £431 debt.

Even if that levy were valid - which I doubt as some of the goods levied may be exempt - the second levy on the same goods is obviously invalid. The goods cannot be sold twice.

I would say therefore the levy is definitely invalid.

I entirely agree.

I would write to them (copy all correspondence to the Head of Revenues at the Council) stating that the levy is invalid because ......... therefore they do not have a Walking Possession Agreement in place and are not allowed to enter your property.

It would be wise to get the help of a lawyer before doing that, as revoking the Walking Possession Agreement might not suit the boorish, beetle-brained bailiff. If the levy can be declared to be improper or invalid, however, the bailiff will no longer have any right to force entry.

[Flyer26]

Re: Help/Advice needed please

Ok great thanks guys for all your help, I'll post an update to how I get on


Peter