Help Me - I'm New!

[labman]

Re: Help Me - I'm New!

Don't contact them. make a payment using either their online facility or their automated telephone facility. You don't need to speak to anyone to do this.

Hope that explains - sorry!

[Purdy1980]

Re: Help Me - I'm New!

Sorry I am getting very confused - it doesn't take much :tinysmile_aha_t:

Right so this is what I have done so far:

Emailed the council asking what liability orders they have against me, how much and when were they obtained.

I have written to JBW Group ( using the template from Labman, thank you) Two separate letters as this is what they have sent me. I will send them to the London PO Box address as this is where the letters originated.

Feeling a bit better about it all now - taking control is good!

Will post again soon

[labman]

Re: Help Me - I'm New!

The other thing you need to do if you possibly can is make a payment to the council (one that is affordable and sustainable). Pay either online or using their automated telephone service. Try to keep making this payment on the same day, each week hereafteruntil something more definite is resolved. It is very important to be seen to be willing to pay the debt.

Also fill in the N245 to send to the court. This will stop the bailiffs, and will get you the way to having a variation of the court order so they order affordable repayments.

[CleverClogs]

Re: Help Me - I'm New!

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.

But not blackmail?

[CleverClogs]

Re: Help Me - I'm New!

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

To olof them, you mean? (private joke)

I'm sure they could be gaoled as, even if their snotty-gram had been "computer generated", it didn't type itself and some creature at JBW must have initiated the printing of that disgraceful document.

Of course, the most effective sanction might be for Slapperton Borough Council to cease using that firm of licensed bullies, as they might well do once they realise they are liable (vicariously or otherwise) for the antics of the numpties they employ.

[ploddertom]

Re: Help Me - I'm New!

Also fill in the N245 to send to the court. This will stop the bailiffs, and will get you the way to having a variation of the court order so they order affordable repayments.

If I may butt in with a correction. N245 is not applicable to Council Tax issues.

You need to speak to someone at the Council and ask the following 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

I note you mention you paid monies to Equita previously, I suggest you also send off to them for a breakdown of the charges applied using the sample letter Labman gave previously.

[labman]

Re: Help Me - I'm New!

Apologies to the OP - my mistake suggesting those forms for this debt. I apologise if it has caused unnecessary expense. I was looking at my notes for County Courts not Council Tax, so sincere apologies. pm coming your way.

[Purdy1980]

Re: Help Me - I'm New!

Hi,
An update following on from all of the above and needing some more advice please:

I have written to JBW Group but have heard nothing except for another letter the same as the last threatening committal to prison! Should I just ring them and have it out with them?

I have heard back from the council after writing to them - saying the following:

The oldest debt is for 2006/2007 financial year. The liability order was obtained on 4/12/2006. The debt remaining is £258 but this balance may be higher as bailiff fees may have been incurred.

The other debt is for 2009/2010 and a liability order was obtained on 2/11/2009. The debt is £525 and again bailiff fees may have been incurred.

Very old debts - didn't realise just how old :tinysmile_cry_t:
I am certain one of these debts has been paid via Equita - Should I get proof from Equita so the Council can amend their records on me?

Thanks,

[CleverClogs]

Re: Help Me - I'm New!

I have written to JBW Group but have heard nothing except for another letter the same as the last threatening committal to prison! Should I just ring them and have it out with them?

Certainly not!

Bailiffs tell lies so, unless you can record the conversation and thereby have a record of what they say, it would be a futile exercise. Worse, they are likely to utter all manner of threats and you'll end up feeling quite dreadful.

[bluebottle]

Re: Help Me - I'm New!

With regards to these letters JBW keep sending you, threatening committal to prison, I would call their bluff and ask them to forward a copy of the Committal Order within 24 hours of their receipt of a Special Delivery Letter from you on pain of involving the police in this matter for Attempted Blackmail (Section 21, Theft Act 1968) and Sending a Letter Containing A Threat (Section 1, Malicious Communications Act 1988). The onus is on them to prove they have a right in law to make such a threat and that it is a proper means of enforcing any demand they are making. In any case, a Certificated Bailiff cannot execute a Committal Order issued by a County Court - that has to be done by a County Court Bailiff. In a Magistrates' Court, any similar order would be executed by a Civilian Enforcement Officer employed by H.M. Courts & Tribunals Service (HMCTS). My gut-feeling is that JBW are all mouth and trousers. Well, now is your opportunity to put the wind up them. If you need help drafting a letter, post up on this thread.

[labman]

Re: Help Me - I'm New!

If you are certain the Equita one was settled, then do get proof of them. The fact the council still have it as an outstanding debt may suggest Equita have been naughty, which would not surprise me.

Do you have proof of payments made?

[Purdy1980]

Re: Help Me - I'm New!

Thanks for the advice.

Bluebottle - I would definitely appreciate your help in drafting a letter. Thank you
------------------------------- merged -------------------------------
Hi Labman,

The only proof I will have is a record on an old bank statement. I made the payment over the phone (I think) just to get him off my back asap. Looking back now that was a stupid idea, I should of done it another way so I had proof.

[ploddertom]

Re: Help Me - I'm New!

It is only just a week or so since you sent off to JBW, considering the holiday time it could be another 10 days or so before they reply. You do need to send the same for Equita, if you had been paying them at some stage you could have been overcharged anyway.

To my mind the threat from JBW is a last gasp before they hand it back to the Council, more so if you have not allowed them entry to your home or denied them the opportunity to levy on goods outside. Whatever happens stay off the phone to them.

You say you are a single parent, may I ask the age of your child/children - there is the possibility you are classed as vulnerable according to the National Standards for Enforcement Agents to which all Councils & Enforcement Co's are signed up to observe.

[coolcat]

Re: Help Me - I'm New!

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

I'm new here also..

Welcome!

[Purdy1980]

Re: Help Me - I'm New!

Thanks Ploddertom - I have one child they are 10 years old.