Urgent help needed re Jacobs bailiffs

[bluebottle]

Re: Urgent help needed re Jacobs bailiffs

Have confirmed to the council that I can provide proof of car's removal and if the bailiffs can provide photo evidence that car was there on date they say it was, also that I want to take the complaint further with the council as the question of charges has not been addressed.

One thing I'm curious about, I emailed M of J in Sept and they confirmed said bailiff was certificated but offered no number or dates. Checked today with the Court that Jacobs say issued his certificate and they confirmed it had expired in June and had not been renewed. Any thoughts?

Oooooh dear! One bailiff, bailiff company and local authority are in the slurry pit. It is illegal for a person to execute or levy distress when not certificated as a bailiff. This means that any levy and any fees attached to them, which he has be involved in are invalid and unenforceable. I would be inclined to formally report the matter to your local constabulary as, technically, he would be committing an offence of Burglary Artifice if he attempted to gain entry or gained entry to a debtor's home when not certificated. It is also an offence under Section 135, County Courts Act 1984. The local authority will also need to be told.

[ploddertom]

Re: Urgent help needed re Jacobs bailiffs

You will need to confirm the MOJ details for this Bailiff are the same as that of the County Court you have spoken to as there is always the possibility they have gone to a different Court.

[megan]

Re: Urgent help needed re Jacobs bailiffs

Have just spoken to CCBC Northampton (after being on hold for what felt like hours). The gent I spoke to did two searches and the Bailiff's name wasn't on either of them, he is passing it on to a manager to ring me back but I'm not sure how long this will take, is there anything else I can do or should I just try and have a little patience?

[bluebottle]

Re: Urgent help needed re Jacobs bailiffs

A little bit of patience goes a long way, Megan. If it turns out this bailiff is not registered, the proverbial will hit the air conditioning and stick to Jacobs and the local authority involved.

[megan]

Re: Urgent help needed re Jacobs bailiffs

Hi Bluebottle and Ploddertom, hopefully my patience had paid off, received this email from MOJ:

Thank you for your enquiry.


I confirm that the Bailiff register shows Mr Xto have a pending hearing; however the hearing date is listed as 11.06.2012 at Liverpool Civil and Family Court.


As the Court has not notified us of the outcome of the hearing, you may wish to contact them again to ascertain if Mr X's certificate was granted.

When I spoke to the Court in October they confirmed his Certificate expired in June and had not been renewed. I am still waiting for a reply from the Council re my complaint against Jacobs.

Not sure what to do now, does this mean he is acting illegaly? I'm sure I'm not the only person he has visited since June, what about the other people who have undoubtably paid him? :beagle:

[bluebottle]

Re: Urgent help needed re Jacobs bailiffs

From what the MoJ have told you, it sounds like the bailiff has crossed the line somewhere and his certificate has, possibly, been revoked, which would explain the expiry in June and non-renewal of the certificate. I think you need to press Jacobs a bit more firmly and, certainly, find out if he has gone to another court and obtained a bailiff certificate without disclosing revocation of his previous certificate. If they are being cagey about giving you the necessary details of the bailiff's certificate issue and expiry dates and the court that issued it and continue to be so, I would go back to the court that issued his last certificate, put to them what the MoJ has advised you and ask them to confirm if his certificate was revoked.

Get that out of the way first and then come back onto the thread. I feel that Jacobs would be very foolish to continue with enforcement in the light of what MoJ have disclosed.

[Daddy dawson]

Re: Urgent help needed re Jacobs bailiffs

Hi Megan,

It appears that Jacobs' bailiffs were taught arithmetic by the Brothers Grimm. For a PCN, you are liable for the original penalty plus court fee, which would account for the £82.00. Under the Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993-2003, the fees certificated bailiffs can legitimately charge are as follows -

Letter Fee = £11.20 + VAT @ 20% = £13.44
Levy Fee = £28.00 + VAT @ 20% = £33.60

As for visits, the fees for these, according to the Regulations, must not exceed the levy fee. So the most they can charge is £33.60 per visit.

They are claiming £265.84, but by my calculations, the most they could legitimately charge is £162.64, so they need to explain £103.20 difference. Ask for a written breakdown of charges. This appears to make fees disappear, unless the bailiff is totally brain-dead and hangs themselves and their company by quoting fraudulent fees.

I'm attaching a number of documents to this post which you can use. I think it would be a good idea to make a complaint against Jacobs to the OFT's Credit Fitness Team at enquiries@oft.gsi.gov.uk and insert CREDIT FITNESS in the subject box. Give a clear and concise resume of your complaint. You will need to quote the following details in your complaint -

Company Name: Jacobs Certified Bailiffs Ltd
Company Reg. No.: 7916165

=-----------------------------------–

The oft is now closed who should I approach please?