Fed up with Jacob's Bailiffs

[Marie8137]

I have been paying Jacob's Bailiffs for quite a while now for council tax I owe to Redcar and Cleveland Council, from £5000, I am now down to £300, I have always been up to date (which is probably why I am having problems now), when this years bill came in I knew I would not be able to pay £46 per week to Jacob's plus the council tax bill for 2010/2011 so I contacted the council to see if I could make a small payment as my time with Jacobs was nearly over then I would be on a clear footing and could pay my council tax normally. The council told me they did not know if I could do this and to put it in writing which I did with me also emailing them. I then received the usual letter from the bailiffs saying that the council had passed the debt over to them, and to fill in an income and expediture form, and seeing as every letter you receive from Jacob's is threatening I filled it in. I have received a letter from them this morning upping my payments to £250 a month which I can not afford, I have rang them to tell them this and all they say is they will take further action if I do not pay, and that the council want the bill clearing within 6 months, which means it will be clear before the time for paying the bill is up normally. I then asked them if they had even looked at our income and expenditure form and the man was very vague, with it seeming quite obvious that they had not even bothered, they had just set an amount because the council told them to. I rang the council even though the man at Jacob's "advised" against it, and basically the rather rude woman said that a letter had been sent out saying that we could pay a nominal amount that would hold the account from going to the Bailiffs, I never received that letter, as I pointed out to her, why would I ignore that letter? She said the council tax was a priority, but I was already paying so much to Jacob's I could not afford to do everything, and tried to do my best to sort everything out, she told me to take it up with Royal Mail.
I am now stuck as to what to do, and would appreciate any advice you could give me, I am sorry for being so long winded.

[WendyB]

Re: Fed up with Jacob's Bailiffs

Could the Council not send you a copy of the letter they allegedly sent you and that you never received? And if they had agreed this then why did they send it to the bailiffs in the first place?

Usually they like it to be cleared before the next council tax year starts, which by my reckoning is another 8 months not 6.

Write to the council explaining the situation. Tell them how much you can afford to pay each month and insist that they inform the bailiffs of how much you will be paying under the agreement. Bailiffs, although they like to think they can do as they like, cannot, and they have to do as the council instructs them. Therefore, if the council instruct them to accept instalments of xxx per month, that is what they will have to accept. You could just keep paying as much as you can afford direct to the council. Make sure to keep everything in writing.

[Marie8137]

Re: Fed up with Jacob's Bailiffs

I have wrote to the council this morning, will see what happens. One part that did make me angry was written on the Jacob's letter "This amount is non negotiable" even though the man admitted they had not even looked at our income and expenditure form, surely that cannot be right?

[David-G1ZQC]

Re: Fed up with Jacob's Bailiffs

Hi Marie.
I too have had dealings with Jacobs. I have written proof that they have attempted to defraud.
I am sending the amount I can afford, direct to the council. They cannot refuse payments as the law is very clear that a person has to pay only what they can easily afford. The silly threats of imprisonment are ONLY for those who refuse to pay NOT those who can't pay.
Just do not let them into your house. I have objected to dealing with people who use criminal actions to make financial gain. (Jacobs)
Please keep in touch.
David in Lincolnshire.

[Amy]

Re: Fed up with Jacob's Bailiffs

I would imagine the 6 month reference is because council tax payments are made over 10 months and not 12.

What other charges have they applied to your account? I am almost certain you will have been overcharged at some point. Don't let the council off the hook either, they are liable for these bailiffs whether they like it or not.

[Marie8137]

Re: Fed up with Jacob's Bailiffs

I intend to pursue the council all the way to the top to be honest, and I have just been talking to a woman who has had the same problems and her answer was to ignore them and do not pay, she was then means tested and pays £20 per month, but I have to admit I would be a nervous wreck if I did that. As for charges they charge a £1 for every card payment I make online, as for other charges I am going to investigate further.

The letter actually says:

After reviewing your accounts, we write to advise that we are unable to accept the offer of £188 per month. This is due to the amount of time we are able to hold the Liability Order on behalf of the Local Authority and also due to the amount outstanding, given that this is a priority debt.
The minimum amount we consider to be reasonable is £250 per month. Please note, the amount requested is not negotiable therefore we look forward to receiving your first instalment by 30th July 2010 and on a strict 30 day basis thereafter.


Then it is all the usual threats etc.

I have written to the council but I am not expecting much joy, what would be my next course of action with them and the bailiffs please? I would be grateful for any advice you could give me.
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I would also like to add with the reference to the council tax being paid over 10 months instead of 12 which is true, that my sister has spread her payments over 12 months with the councils blessing.
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David could I ask if it is not too personal how they attempted to defraud, just so I know what I am looking for should they try to do it with me?

[Amy]

Re: Fed up with Jacob's Bailiffs

Charging for processing a payment is fraud as it is not a prescribed fee. Search the bailiff forum for more information.

[pfloyd]

Re: Fed up with Jacob's Bailiffs

Can I just check, has the bailiff gained entry to the property?

[Marie8137]

Re: Fed up with Jacob's Bailiffs

Only once a long time ago, when they listed things in my home, which it has been so long I no longer have anymore. I know this is not good, but they did it on a massive scale were I live, and as I have said before have paid £4700 of the debt over the years.
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Maybe I should reiterate that they listed items such as television etc, but it was that long ago I no longer have the items, as they have broken over time.

[pfloyd]

Re: Fed up with Jacob's Bailiffs

Has there been a period of time when you didn't pay the bailiff and that they didn't come bothering you? Or have you been paying all the while?

Sorry for all the questions! There may be options

[Amy]

Re: Fed up with Jacob's Bailiffs

When they obtained a walking possession order, was it for this liability order or another one?

[Marie8137]

Re: Fed up with Jacob's Bailiffs

pfloyd, we have been paying them continuously there has been no break.
Amy, when they obtained a walking possession order it was only at the start they have not been since, it does say on the bottom of the letter that:

If you have not already met with our bailiff then he/she may call to your property in the near future in order to levy and secure the debt on behalf of the local authority.


But they have certainly not been for this particular liability order or the one previously, even though they said they would.

[Amy]

Re: Fed up with Jacob's Bailiffs

But they have certainly not been for this particular liability order or the one previously, even though they said they would.

Excellent. If I were you I would send the SAR from the bailiff guide and find out what charges they have applied to your account. I would also point out to Jacobs that to charge an unprescribed fee is fraud and ask the council what they will do about this.

[Marie8137]

Re: Fed up with Jacob's Bailiffs

So they have to do a walking possession order for every liability order they issue, and does it also mean because they have not done this they cannot enter my home?

[Amy]

Re: Fed up with Jacob's Bailiffs

Yes and yes.