Help Me - I'm New!

[Purdy1980]

Hello everyone, I am new on here so thought I would introduce myself.

Looking for help with debt collectors/bailiffs (mainly JBW Group). I am a single parent and they are threatening me with committal to prison!

Any advice greatly appreciated - very scared

[Shadowcat]

Re: Help Me - I'm New!

More out of control bailiffs. Is it something in the water?

A big hello and welcome Purdy1980 and there are a wealth of people on here who know far more than I about bailiffs, I'm sure they will help. Meanwhile, please don't worry yourself too much, I'm no expert but even I can see another bullying thuggish meaningless threat when I see it.

[Purdy1980]

Re: Help Me - I'm New!

Thank you Shadowcat.

I know they don't care about personal circumstances they just want their money, but I am afraid to answer the door and it keeps me awake at night.

Knowledge is power so I would like to be clued up before I speak to them as I know they will see a young single mum and resort to bullying me

[bluebottle]

Re: Help Me - I'm New!

Hello Purdy.

Why are these scumbags threatening you with committal to prison? The only reason I know of where you can be committed to prison in a civil court is for Contempt of Court. Have you failed to appear at an adjourned Oral Examination Hearing? If this is not the case, these cretins are committing criminal offences under Section 1, Malicious Communications Act 1988, if the threats are in written form, and Section 127, Communications Act 2003, if the threats are in electronic form, i.e. emails or over the telephone.

Could you post up the background to your case, please?

[Celestine]

Re: Help Me - I'm New!

Hi Purdy


Welcome to Legal Beagles :beagle:

Yes, please tell us more about the circumstances of this threat?

There is an extremely high likelihood that it is a simple LIE, but tell us the basics and we can tell you with 100% certainty if you have any real reason for concern.

xx

[Shadowcat]

Re: Help Me - I'm New!

As Bluebottle says, give the background start to finish then they'll be able to give you the advice that best suits your situation.

[Purdy1980]

Re: Help Me - I'm New!

Thank you Bluebottle.

It's an old Council Tax debt - I originally owed nearly £2000 and was being chased by Equita. I paid the Equita Bailiff £1000 (he wasn't very nice or understanding but they never are) and was to pay the remaining £1000 off monthly (which I failed to do as the monthly repayments were too high)

This debt must have then been passed to JBW Group - I was paying £75 a week off of the debt which is now done to £372 (but these repayments were too high also) I have written to them many times and been visited many times. I have never spoken to a bailiff or opened the door to one. I had communication with them via letter saying I had sorted some of my finances and could pay them £50 a week, they then asked for proof of my income and expenditure which I didn't give them (I read that I didn't have to legally supply them with this information) I told them I wasn't comfortable giving them this information but would still pay £50 a week. They then sent me a letter asking me to call within 7 days of the date on the letter (surprise surprise it took 7 days for the letter to reach me) on the 8th day I had a bailiff at my door.

I have come home tonight to two separate letters with two separate amounts (total of about £850) both of them saying if I don't pay they will refer my debt back to the council and recommend committal to prison

I will ring them tomorrow but don't know where I stand (sorry to waffle on)

[labman]

Re: Help Me - I'm New!

Hi Purdy,

These bailiffs are pillocks! You need to fill in form N245 http://hmctsformfinder.justice.gov.u.../n245_0204.pdf - this will stop the bailiffs dead in their tracks. Make sure you print a few copies as you can't save them.

This form fulfils two functions, and I'm not sure whether you need to complete it twice, once for each, or whether you can do it all at once - it will be obvious on the form.

Firstly you can apply for a Stay of Execution which will stop the bailiffs. You can also apply for a Variation of Judgment which will allow you to go back to court to agree affordable repayments.

Make sure you show the bailiffs copies of these forms - they tend to step up activity once they see them, as they know their time is limited, so keep your precautions going.

If you do this and start making affordable payments directly to the council using either their online payment system or their automated telephone system each week there is no way anyone will consider any sort of commital, I promise you.

Finally send this to the bailiff company:

From:
My Name
My Address

To:
Acme Bailiff Co
Bailiff House

Ref: Account No: 123456

Dear Sir

With reference to the above account, Can you please provide me with a breakdown of the charges.

This includes:
a - the time & date of any Bailiff action that incurred a Fee.
b - the reason for the fee.
c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.
d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at.
e - the date of the Certification.
F – any amount outstanding

This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

I require this information within 14 days.

Yours faithfully,

Do the above asap, and then relax and rest easy knowing you've covered yourself.

[Purdy1980]

Re: Help Me - I'm New!

Thank you labman, very useful. I am now slightly less worried.

I thought by law they couldn't refuse any legitimate re-payment amount. As in I could offer them £1 a week and they would have to accept it?

It feels like they are dragging out on purpose, just to see if I will cave and give them everything they are asking for all in one payment

[labman]

Re: Help Me - I'm New!

I think you've probably read the £1 per week in relation to a different issue, but that's irrelevant. The main thing is to get you as relaxed as you can be with bailiffs lurking around (I've been there, so I know!!!!!) and do what you need to stop them.

At the same time start making the sensible, affordable repayment - you may have to prove this later, so make sure it's a sensible amount, but both affordable and sustainable.

Finally, the bailiffs may well have increased your bill with nefarious fees, so once you get a breakdown back, post up and we'll take a look.

Some time in the next day or two, phone the council and find out what Liability Order(s) they have for you, the amounts of each one and when they were obtained.

Good luck and rest easy!

[Purdy1980]

Re: Help Me - I'm New!

Ok, thanks again Labman.

I will post again as soon as I have more info

[CleverClogs]

Re: Help Me - I'm New!

More out of control bailiffs. Is it something in the water?

Yes.

In the bailiff's cups of tea, there is clearly insufficient prussic acid. :tinysmile_aha_t:

[Purdy1980]

Re: Help Me - I'm New!

Now I am in a more relaxed mood (thank you everyone for your advice) I have just re-read my Prison Committal letter from JBW and it isn't even signed by anyone! Just a computer generated letter - how rude!

Do JBW have two offices? I have had communication with JBW in Darlington but the letter I mention is from JBW in London (only a PO Box address). If there are two offices would it be that hard for them to talk to each other

Moan, moan - sorry!

[labman]

Re: Help Me - I'm New!

I don't think JBW have any right to send you to prison. More a shame we can' send them to prison.

Don't forget to make a sensible payment that is sustainable direct to the council though - it's very important you're seen to be willing to pay this debt.

[Purdy1980]

Re: Help Me - I'm New!

I contacted the council quite a while back now though and they said that I had to deal with the scum bags not them.

Think I will contact them again as you've suggested previously.

Thanks labman