Removal Notice

[andymaxit]

Hi,
I have had an enforcement officer serving me a removal notice in relating to an outstanding debt registered at Northampton County Court. Problem being it is for my son who no longer lives at my address. Debt type is TMA.
After explaining this to the Enforcement Agent he replied that he did not believe me and he would return to take goods from my property unless I could provide receipts as proof of ownership!
Company on heading is Collect services.
Please advise/help.

[ploddertom]

What is debt type TMA?

Have they had access to your property? Is there anything of value outside? They may only remove goods that belong to the debtor and in any case most household goods are exempt or of little value.

[2222]

This is all a bluff on his part. He wants you to pay your son's debts, obviously, and he's trying to scare you.

As Plod says, the EOs can only take stuff belonging to the debtor, and in practice the only things worth taking are high value electronics or a car. Whilst none of us keep the receipts for everything in the house, a lot of electrical items are bought online so you have proof of purchase. Likewise with the car, you can probably prove you paid for it.

Personally, I'd refuse to show him any receipts, and just face him down, but it's up to you. For example, he pays for a transporter to take the car, and I claim it back later, leaving him well out of pocket. He won't take that risk.

He may threaten to take other household items, but they are not worth anything secondhand, even if it's legal for him to take them.

[Tracey2013]

I have just received 2 letters in 5 days from Jacobs...One now is saying removal of goods is imminent..I am a vulnerable adult suffering with mental health and self harming issues..I also have severe asthma and stress could bring an attack on..the letter states REMOVAL IMMINENT..Also saying the council could apply to have me commited to prison..I have contacted my local council..who have not replied..also my local Mp who is looking into this...I am scared to even go out of my own home in fear of a bailiff being there..scared to even answer my door..I have not previously let them in..so they have never been inside my property,,Can they force their way in has I am scared they can..Im at my wits end now with fear and worry

[ploddertom]

Amethyst

[ploddertom]

I assume this is for unpaid Council Tax.
Do you know how much you owe?
Did you receive a Notice of Enforcement from Jacobs?

Unless they have made peaceful entry previously they cannot force entry to your home but make sure your door is locked at all times. Have you given them proof of your vulnerability claim.

You are best contacting your local Councillor(s), best initial contact by phone and ask they intervene on your behalf. www.writetothem.com

[2222]

I have just received 2 letters in 5 days from Jacobs...One now is saying removal of goods is imminent..I am a vulnerable adult suffering with mental health and self harming issues..I also have severe asthma and stress could bring an attack on..the letter states REMOVAL IMMINENT..Also saying the council could apply to have me commited to prison..I have contacted my local council..who have not replied..also my local Mp who is looking into this...I am scared to even go out of my own home in fear of a bailiff being there..scared to even answer my door..I have not previously let them in..so they have never been inside my property,,Can they force their way in has I am scared they can..Im at my wits end now with fear and worry

Hi Tracey. If you say which council this is, we can help you find some numbers of your local councillors to ring. Or are you comfortable using the website suggested by Plod?

Do you have any family or friends who can help you to calm down?

[Welsh-dragon]

Tracey2013

A power to enter premises by breaking it open, exists for the execution of High Court and County Court debts at business or commercial premises, but not premises paretially occupied domestically.


or at any premises where an enforcement agent is enforcing criminal penalties if the debtor is a wilful refusing to co-operate. Paragraph 60 of the Taking Control of Goods: National Standards 2014

There is a full indepth Bailiff Case Law I just recently posted at https://legalbeagles.info/forums/for...-law-long-list quote CASE LAW PERTAINING TO BAILIFFS IN ENGLAND AND WALES – CIRCA. 2017 end-quote, including links in green to verify the facts & to the source...
How bailiffs should treat you if you're vulnerable

Make sure bailiffs treat you right

If you’re classed as vulnerable bailiffs should:

• never come into your home if you’re the only person there
• give you extra time to make a payment offer to stop them visiting - ask them to put your case on hold
• give you extra time to get debt advice before they take anything or charge any fees - you can contact your nearest Citizens Advice for help
• never take or threaten to take anything that helps with your health
• make sure you can communicate with them - for example by sending letters in braille or bringing a translator when they visit

You can complain if bailiffs break these rules - this should make them treat you properly in the future. You might also be able to get their licence taken away. This will get rid of the bailiffs and their fees, though you’ll still have to deal with your debt.

Source: https://www.citizensadvice.org.uk/de...re-vulnerable/

[Welsh-dragon]

Lord Justice Hickinbottom’s analysis of the 95 individuals sent to prison found that between nine and 17 individuals were imprisoned unlawfully because the court ordered repayment over an excessive window of time.

The judgment, handed down at the High Court in Cardiff, found that some magistrates had been “ignorant of well-established law” to a point that was “unacceptable”, and suggested that further training and guidance may be issued to legal advisors and solicitors to address these problems.

But it ruled that individual errors were to blame for the high number of mistakes and stated that oversights made by a proportion of magistrates in council tax cases did not amount to a systematic deficiency.

Source: https://www.independent.co.uk/news/u...-a8164786.html