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Jacobs Bailiffs Help Please

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  • Jacobs Bailiffs Help Please

    Hi All,

    Just wondering if anyone could help please:

    In May, while I was at work, a bailiff from Jacobs visited my house to collect a disputed council tax debt.
    My wife left him at the door and tried to phone me on my mobile. While she was doing this, she noticed the bailiff had entered the hallway.
    He said it would save embarrassment if it were sorted out inside.

    My wife now realises in hindsight that she should have asked him to leave, but she felt intimidated.

    As they were talking, he wrote an inventory of goods and told my wife that it was just a formality.

    When I came in from work, she showed it to me and I realised it was a walking possession.

    I rang the local council to complain and the woman I spoke to was genuinely disgusted at the sneaky way the bailiff had done this.

    She spoke to her supervisor and said they would put a hold on the case subject to an investigation.
    I know these things can take a while so i wasnt unduly worried that I hadnt received anything from the council.

    Roll onto yesterday:-

    Bailiff came again and handed me a letter saying that I had 4 hours to pay or he would return to execute the possession. ( plus over £250 in fees!!

    I rang the council and was annoyed to find out they havent done anything about the original complaint.

    However, they have put on hold again for 14 days.

    Rang Jacobs to ask for bailiffs certificate details and also justification of fees.

    Very offhand patronising man (!) told me that they dont hold details of charges or bailiff certificates and to call bailiff directly on his mobile.

    Rang bailiff from mobile and stupidly forgot to withold number.

    He was very aggressive and would not answer any questions. Said I could only get fee breakdown after I paid the full amount as it would be on the receipt.!!
    He slammed down phone and rang back 5 mins later and said he would be back in an hour with enforcement team and would give me his details and charges then.
    Told him about the 14 day block and he said unless he heard from them befor the hour, he would still turn up.

    He didnt turn up so I assume the council did contact him.

    I would not have let him in, but I am worried that if he returns while I am at work and my wife is alone, they might force their way in.

    Your help would be appreciated.

    ( Sorry about the long post)

    Thanks,

    Buzz
    You can lead a horse to water, but a pencil must be lead. - Stan Laurel

  • #2
    Re: Jacobs Bailiffs Help Please

    I would be asking the council for something in writing regarding the dispute and also never deal with DCA's over the phone, ask them to put everyting in writing.

    Have a read of this:

    http://www.oft.gov.uk/advice_and_res...ebt-collection make sure your wife has a copy handy for if they call again.

    Have you made any arrangement to pay, if not you should be considering it or any dispute you may have over the bill.

    Comment


    • #3
      Re: Jacobs Bailiffs Help Please

      Can you clarify why it's in dispute? Has it already been paid and their records are incorrect?

      Comment


      • #4
        Re: Jacobs Bailiffs Help Please

        Thanks for both the replies.

        The amount is being disputed because I unfortunately was ill from work during most of the period I am being charged for.

        The are charging me the full amount of CTax for the period, whereas I should have been given CTax benefit.

        Unfortunately, my council are extremely inept at sorting these things out.

        One department said they were sorting out the benefit entitlement and not to worry.
        But, the legal dept were in the meantime instructing bailiffs.!!

        The depts will not liaise with each other and any communication has to be done by me as the piggy in the middle>

        Buzz
        You can lead a horse to water, but a pencil must be lead. - Stan Laurel

        Comment


        • #5
          Re: Jacobs Bailiffs Help Please

          Why are Councils so inept? If private business was run like that we'd all be up the Swanny, (excluding banks of course)

          Try to get something off the council saying the account is in dispute and send a copy, along with that OFT document, to the DCA.

          Comment


          • #6
            Re: Jacobs Bailiffs Help Please

            Originally posted by iancognito View Post
            Why are Councils so inept? If private business was run like that we'd all be up the Swanny,
            Unfortunately though they seem to be a law unto themselves.

            Never admitting they are wrong and always managing to turn the blame for their ineptness to make it the customers fault.
            Last edited by Paradox; 20th September 2007, 19:07:PM. Reason: fixed quote
            You can lead a horse to water, but a pencil must be lead. - Stan Laurel

            Comment


            • #7
              Re: Jacobs Bailiffs Help Please

              Originally posted by Buzz View Post
              Rang Jacobs to ask for bailiffs certificate details and also justification of fees.

              Very offhand patronising man (!) told me that they dont hold details of charges or bailiff certificates and to call bailiff directly on his mobile.

              Rang bailiff from mobile and stupidly forgot to withold number.

              He was very aggressive and would not answer any questions. Said I could only get fee breakdown after I paid the full amount as it would be on the receipt.!!

              Buzz you are entitled to this information - I suggest you email jacobs and back up the email with a hard copy sent recorded delivery saying something like this:

              xxxx October 2008

              Re: xxxxxxx Client reference xxxxxxxx 
Please understand that I am fully aware of my rights and you will not
              gain peaceful entry to my home under any circumstances to levy goods.
              I know the fees allowed under statute and when these fees can be applied.

              Dear Sir/madam,

              I have previously requested details of the bailiffs that have attended my property so far I have not received this information in fact you have refused to give me this information- If you do not provide it within the next 7 days I will have no alternative but to make a complaint to the Magistrates Court under regulation 46 of The Council Tax (Administration and Enforcement) Regulations 1992of the .

              Your unwillingness to give me the information that I have asked for suggests that the bailiff is demanding fees for work that you have no legal right to do - which as you know is an offence under Section 2(1)(b)(i) and Section 4(1)(c)(i) of the Fraud Act 2006, and grounds for a complaint to the County Court under the Distress for Rent Rules 1988 or Form 4 complaint.


              This account is in dispute and I expect NO FURTHER ACTION to be taken.
              I will pay any fees owing to you, but will only do this when I have received and had time to have checked a full breakdown of charges, including what the fee consists of (showing appropriate receipts if applicable), when they visited, the vehicle used, the name of the certified bailiff and the court at which he was certified, otherwise I am entitled to refuse to pay the fees.

              If I do not receive the information that I have asked for by return of post or by electronic mail at xxxxxxxxx@xxxxxxxx.com I will make a complaint to xxxxxxxx City Council and a regulation 46 complaint to the Magistrates Court which issued the liability order.

              I am sending a copy of this letter to xxxxxxx City Council

              To reduce costs to you and to make it easier to respond to my request, I will accept contact by electronic mail at the email address shown above.
              You will receive a hard copy of this message by recorded delivery.

              Yours faithfully,


              I strongly suggest that you email a copy to the bailiffs the council tax office, and the head of the council tax department. with a hard copy to both the bailiffs and council tax office - I don't thing anyone should EVER speak to a bailiff - and you should only ring the bailiffs office to gather information - do everything else by email and letter.

              It's always worked for me,

              Hope that helps
              ------------------------------- merged -------------------------------
              If you are on benefit now - you should be applying to the council to take back the debt
              ------------------------------- merged -------------------------------
              Originally posted by Buzz View Post
              I would not have let him in, but I am worried that if he returns while I am at work and my wife is alone, they might force their way in.
              Buzz, I'm sorry I should have said that now that a wpa has been signed the bailiff has the right of entry.

              It's really important that you check the bailiffs name against the register - because if he doesn't have a current certificate to collect for Jacobs then he is acting illegally and the wpa is not valid.

              Once you have his name you can try 020 7210 0516 which is the number for the HMCS Register of Bailiffs
              Last edited by chris600uk; 24th October 2008, 07:32:AM. Reason: Automerged Doublepost

              Comment


              • #8
                Re: Jacobs Bailiffs Help Please

                Originally posted by chris600uk View Post

                Once you have his name you can try 020 7210 0516 which is the number for the HMCS Register of Bailiffs
                This number is no longer in use.

                If you have the name of the bailiff, then call the Ministry of Justice on 020 3334 3555 and ask for details of the certificate. Their list is not always up to date however, but they will be able to tell you which court issued the original certificate and you can then call that court.

                Comment


                • #9
                  Re: Jacobs Bailiffs Help Please

                  Hi Chris and Michael,

                  Thanks for your replies and advice.
                  The post was actually from last year and it is my fault. I should have updated it.

                  I contacted the court about the bailiff and he was registered but didnt come anymore.

                  Instead they sent another one from the same firm.
                  Cant go int too much detail, but I guarantee he will not be returning.

                  Buzz
                  You can lead a horse to water, but a pencil must be lead. - Stan Laurel

                  Comment


                  • #10
                    Re: Jacobs Bailiffs Help Please

                    thanx for the update Buzz

                    Comment


                    • #11
                      Re: Jacobs Bailiffs Help Please

                      Hi
                      You should toss a letter of to the cheif executive of your council.
                      If you have any sort of problems with bailiffs. I can help you as i am a self proclaimed specialist at dealing with them. I am hopefully going to start a degree (law) from october. If you think my posts are helpful or are guiding you in the right direction do show your appreciation by giving me a green blob.

                      Comment


                      • #12
                        Re: Jacobs Bailiffs Help Please

                        Can someone please help me!! im 23 on my own with a 9 and half month old baby. i am being hounded by Jacobs baliffs and dont know which way to turn!! I am bein messed around by this company so much... i have never been in this position before and dont know what to do!! i have given them a proposal of payin them 50 pound a month for 10 months till the debt is paid off, but they refused this offer and said they want 75 pound a month.. i just cant afford this!!
                        previous to this i had one of their team at my door, who brought me a levy of goods order, she tried to forcefully gain access to my property, which she now denies!! we had a bit of an altercation and she left! my ex partner then contacted the office a week before christmas requesting a way of payin the debt, they suggested a payment of 50 pound a month by ways of a payment card. They said that considering it was christmas they would send the card after christmas and the first payment would be due the 15th of January!!
                        i wait and wait for this card no arrival of it, i know i probably should of contacted them but i didnt. Then the next i hear is, im out for the day and come home to a letter from a baliff, claiming i had to call him within 4

                        Comment


                        • #13
                          Re: Jacobs Bailiffs Help Please

                          First of all a warm welcome to Legal Beagles. I have asked that someone with a bit more knowledge of bailiffs comes onto the thread.
                          To begin with, it might be worth reading the guide to bailiffs
                          Bailiff Guide - Legal Beagles
                          Link is above.

                          Comment


                          • #14
                            Re: Jacobs Bailiffs Help Please

                            Sthelensgirl,

                            What is this debt for?

                            Read the guide as Nattie has advised and if you could provide a few more details, we will help all we can.

                            Comment


                            • #15
                              Re: Jacobs Bailiffs Help Please

                              this is the first time ive looked online regarding Jacobs bailiffs and just between here and the consumer action group well its made very interesting reading and resolved the immeadiate issue in my mind ... IGNORE THE BARSTEWARDS ...
                              perhaps people will be interested to hear the story behind my online search?
                              read on ...
                              towards the beginning of the year my wife received a letter addressed to her previous name (ie not her married name) from her previous council (wirral borough council) curiously informing her that she was liable for the overpayment of council tax for the period 01.04.2008 to 16.08.2008.
                              as we did not marry until the 23rd of august 2008 at the time she was still living at the property this claim was made upon, but she was in full receipt of income support, council tax and housing benefit, effectively meaning that the council was overpaying itself, then lumping her with the charges (!?!!) ... this letter was dated 05.02.2009.
                              a second (red paper) letter was sent 11.02.2009 stating that a liability order had been made at her majesty's court services chester street, stating that a council tax liability order notification was sent out on 18th of november 2008.
                              no such notification was sent to this address in north wales and previous to our marriage in august no letters were sent to her previous address in birkenhead by wirral council informing her of any such over payment or intention to take her to court. odd.
                              a third letter was received shortly after on 18.02.2009 from wirral bc headed FINAL DEMAND ... this time saying Housing Benefit Overpayment (cant they even make up their minds what the debt is for? they certainly cant figure out the amount because between the 05.02.2009 and the 15.02.2009 the amount had changed from £299.97 to a flat £430!)
                              ... what a lot of nonsense we thought, and ignored it, having had no previous communication with regards to any such matter, either here in north wales or at my wifes previous address.
                              all was quiet until the 14th of april when suddenly a letter from Jacobs appears, still addressed to my wife in her previous name for her previous address with the words BAILIFF REMOVAL emblazoned in red across the top for an amount due of £229.97 and of course going on to say " ... if the amount is not paid in full to this office within SEVEN days of the above date we will have no option but to enforce the liability order by the bailiffs attending your premises with a view to SEIZING your GOODS for sale by PUBLIC AUCTION" etc
                              at this point we were still feeling relatively blase about the whole thing and as my wife was not long out of hospital recovering from a series of heart attacks and resulting surgery, i for one wasnt about to make an issue of worry over it.
                              That stopped being possible after last friday, 12th of june. We noticed late Friday night after having been out all afternoon and evening that a hand-delivered "NOTICE OF REMOVAL" was sitting on our mat for an amount due of £362.47 (the date and amount both written in red biro ... the so called signature of the Bailiff printed onto the paper with the rest of the letter. Ever since then both myself and my wife have not been able to rest peacefully ... i write this morning after not having slept at all sunday night ... worrying that bailiffs are going to turn up with police or what not to enforce entry ... having read the forums my mind is at ease as we have as yet made absolutely no contact with the bailiffs, there is no walking order etc and therefore no right to gain entry by force (good luck to them if they try and get past me at the door im more than happy to use reasonable force to eject them from the property and will only delight in being given the opportunity, but i would prefer it not to come to that) ... however i am still uncertain really as to where i/we stand over this matter. from what i can tell the debt itself is an administrative nonsense ... there was no break in my wife's claim to give a reason for any council tax debt ... thats leaving aside the scandalous suggestions raised by trying to take money for an overpayment made more or less by the council to the council (sounds like a money maker's scam heaven to me) ... so for a start this issue should never have emerged in the first place and secondly ... all these communications were made to my wife in her previous name ... the property in which we now dwell is rented from a housing association and i am listed as the sole tenant, all housing and council tax benefit claims were made in my name also, so i am assuming the bailiffs need a notice of removal with my name on (or my wifes married name at the very least) for them to act legally should any enforced entry be on the cards ... it seems strange they even found this address ... when my wife gave notice and left her previous property (property of wirral bc via their newly privatised association) she gave no forwarding details and clearly the bailiffs arent aware of her change of name so where did they get the address? i do have to point out that we also refuse to register on the electoral roll and i have also so far refused to mentioned in any past census ... so sue me if i dont believe in the system lol
                              i almost decided to telephone the mobile number of the person who supposedly delivered this notice of removal but was concerned in case any of these issues arose (i was simply going to state i was the sole tenant and occupier of this property, only half a lie lol) and perhaps if neccessary provide the evidence of this ... my council tax bill and statement from my housing association should do nicely i would think? both in my name only as is everything to do with this house (the only correspondance my wife receives that is not of a personal nature is her bank statements, with whom she also changed her name, so that cant have been the bailiffs source of info?)
                              but having read through a lot of pages i feel i was probably right to hesitate in making any contact with the bailiffs what so ever ... as things have it my wife and i are already liasing with the CAB over an entirely different non-debt related matter and my wife has just this morning spoken to our advisor who we have made an appointment to see tomorrow afternoon, primarily in regards to our other matter ( a DLA application for all you nosy people lol which was disallowed before they even waited for the paperwork to come thru from the health care professionals they requested information from but thats another forum) but also to bring along the letters we have regarding this erroneous debt ... i will be insisting the point that this debt is not valid but remain open to more advice from the CAB as long their advice is not to deal with the bailiffs lol ... we'll see what they say basically, but still VERY interested to hear what the good people of legalbeagles have to say on the matter ... the sooner the better really lol sorry it took you half a day to read all this just wanted to include as much pertinent detail as possible
                              thanks to all who take the time to read this, hope its of interest to somebody and look forward to hearing back from some of you
                              hope youre havin a better week than we've had a weekend lol its summer we should be out enjoying the sun not locked away inside

                              Comment

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