Fed up with Jacob's Bailiffs

[pfloyd]

Re: Fed up with Jacob's Bailiffs

You could also ask the bailiff for the name of the court where they are certificated, this is due to you considering a formal complaint to the court to challenge their certification (this is known as a form 4).

You shouldn't actually carry out such a complaint unless you've had further advice from a bailiffs expert - you can be held liable for significant costs if you lose your complaint. Requesting the name of the court from the bailiff shows them you know your rights, however!

[Amy]

Re: Fed up with Jacob's Bailiffs

Bailiff Issues - Legal Beagles Consumer Forum

[Marie8137]

Re: Fed up with Jacob's Bailiffs

So I have downloaded the SAR form and wrote to the council, they want the first payment by the 3rd of August, what should I do if nothing is sorted by then?

[Amy]

Re: Fed up with Jacob's Bailiffs

Pay the council regardless of what they tell you, they cannot refuse your payments.

[Marie8137]

Re: Fed up with Jacob's Bailiffs

Should I pay what I can afford, or the £250, but then they might think that I paid it once and I can afford to keep paying it?
I am sorry to be a pain in the backside.

[Amy]

Re: Fed up with Jacob's Bailiffs

The reason bailiffs set such a high repayment rate is so you will fail to pay it. It's deliberate. Then they can escalate the action and further inflate their fees.

You need to force the council to take your account back, but they won't do this easily because they are staffed with idiots - so you must make them listen and you must point out their failings.

Offer what you can afford to pay and see what they say.

[WendyB]

Re: Fed up with Jacob's Bailiffs

Although they say it needs to be paid off in this council tax year, and although the norm is to pay over 10 months, councils can, and do, not only accept payments over 12 months, but can also carry the debt over further than that if they want to. I myself am paying outstanding council tax from last year over 15 months, alongside my current year's monthly repayment. I am actually paying it to the bailiffs (long story, see my thread) but am paying standing order which does not incur any extra charges.

Do as Amy and Pfloyd say, and do not let yourself be bullied by the bailiffs. Just remember that they will say and do anything to get you to pay, but you cannot pay what you don't have and ytou cannot be sent to jail for not being able to afford it, only for refusing to pay, which you clearlry aren't. And also remember that if a bailiff's lips are moving, then in all probability he/she is lying.....unfortunately the same goes for a lot of the staff in their offices too,,

[Marie8137]

Re: Fed up with Jacob's Bailiffs

I don't know if this is much help but I have emailed my local councillor and contacted the CAB. I was wondering if there was a letter somewhere on the website that would tell me what to say to the council as the one I have sent does not look very official, I wanted something that makes me look like I know what I am talking about.

Thanks

[Amy]

Re: Fed up with Jacob's Bailiffs

We tend not to go for template letters because they, well, they look like template letters and God knows it's difficult enough trying to get the local council to listen at the best of times so if they see a template letter they are more likely to disregard it.

Post up what you have and we'll take a look at it for you by all means.

[Marie8137]

Re: Fed up with Jacob's Bailiffs

This is what I have at the moment,

Dear Sirs,


Further to my letter dated 19 July 2010, after taking legal advice regarding my account with Jacob's Bailiffs for council tax arrears, I wish to state the following:
I am not refusing to pay Jacob's Bailiffs, you will see from my payment record that I have paid a substantial amount already, and would like to have this debt cleared, I just cannot afford the amount that they/you are asking, it is unfair to ask me to clear this debt within 6 months. I do know of people who have had their payments extended some as long as 15 months, I could barely afford the payments before this ludicrous amount, and during the current economic climate feel it is unjust.
I also know that you CAN recall the debt from the bailiff even though the person I spoke to told me there was nothing you could do, you just choose not to.
I also know that it is illegal for bailiffs to charge unprescribed fees, for example for paying by credit/debit card, Jacob's do this, they initially charged £2 and have lowered it to £1 per payment, this is fraud, and as the employers of Jacob's Bailiffs you are in part liable for their actions.
Jacob's Bailiffs are obliged to do a “Walking Possession Order” for EVERY Liability Order, they have not, for the two which remain, therefore they cannot enter my home.
Jacob's Bailiffs could not have looked at my income/expenditure form, this is obvious from the amount you are requesting.
I would like to reiterate that I have always paid Jacob's Bailiffs, and feel the amount being asked of me is unfair, considering that my payment record is good, and also the attempts I made to resolve the council tax bill for 2010/2011.
I have written to my local councillor, contacted the Citizen's Advice Bureau, and also requested that Jacob's Bailiffs complete a Subject Access Request form which will show all correspondence between yourselves and Jacob's Bailiffs, and all fees that have been charged to my account legally or illegally, which as I stated earlier, as the employers of this company you are in part responsible for, which is fraud.
I await a response to this letter, if it is not forthcoming I intend to write to the ombudsman, regarding this situation and also the behaviour of your staff.

[Amy]

Re: Fed up with Jacob's Bailiffs

Leave it with me.

[Amy]

Re: Fed up with Jacob's Bailiffs

With regard to the unprescribed fees, you should read this Equita bailiffs Urgent help required!! please - Page 2 - Legal Beagles Consumer Forum see post #45

[Marie8137]

Re: Fed up with Jacob's Bailiffs

So it does not matter that they say on the letter they sent to me that they will make these £1 charges, it is still fraud?
I am unsure as to what to actually say in the letter.

[Amy]

Re: Fed up with Jacob's Bailiffs

I'm working on your letter, I just wanted you to be aware that to charge these fees is illegal and that post details what you should do.

[Marie8137]

Re: Fed up with Jacob's Bailiffs

Just had a call from my local Councillor who is working on this for me aswell.