Fed up with Jacob's Bailiffs

[Amy]

Re: Fed up with Jacob's Bailiffs

Cool, do you still need this letter?

[Marie8137]

Re: Fed up with Jacob's Bailiffs

Yes please Amy, I really appreciate all of your help.

[Amy]

Re: Fed up with Jacob's Bailiffs

You're welcome. I'll post it up in a bit for you xx

[Amy]

Re: Fed up with Jacob's Bailiffs

Dear Sirs,

Further to my letter dated 19th July 2010 and after taking legal advice regarding my account with Jacobs Bailiffs for council tax arrears, I wish to clarify that I am not refusing to pay what I owe in council tax, indeed you will see from my payment record that I have paid a substantial amount already and would very much like to have this debt cleared as soon as possible.

However, this problem has arisen since I requested a lower council tax repayment for the arrears, but instead of lowering my payments Jacobs have increased them significantly from £45/week to £62.50/week and I simply cannot afford this.

Since becoming aware of my rights with regard to local council use of bailiffs in the recovery of unpaid council tax, it has also come to my attention that the fees charged by Jacobs may have been inflated. For example, I now realise that it is illegal for bailiffs to charge non-prescribed fees such as a fee for paying via credit/debit card; there being no provision for such a fee within The Distress for Rent Rules 1988. I am sure you are aware that it is standard practice for Jacobs to apply this fee and also that (name of council) is vicariously liable for the actions of Jacobs.

The Distress for Rent Rules 1988, Section 10 clearly states: ‘No person shall be entitled to charge, or recover from, a tenant any fees, charges or expenses for levying a distress, or for doing any act or thing in relation thereto, other than those authorised by the tables in Appendix 1 to these Rules.’

Accordingly, I have sent a Subject Access Request to Jacobs to ascertain precisely the amount of fees I have paid thus far. If my SAR shows that nefarious fees have been applied then I expect them to be removed from my account forthwith.

Furthermore, the National Standards for Enforcement Agents states among other things that “Enforcement agents must not misrepresent their powers, qualifications, capacities, experience or abilities.” I have been deliberately lied to by Jacobs into believing that because they had obtained one valid walking possession order for the years (name the years) that this then entitled them to be able to break into my property should I fail to keep to the current repayment schedule. I now know this is untrue and that a valid walking possession order is only valid for that specific liability order. Jacobs have allowed this lie to fester in order to scare me into making the repayments which I clearly cannot afford, which of course, will garner them yet more fees when I fail.

It is also wholly untrue of local councils to maintain their mantra that they are unable to ‘take an account back once it has been passed to bailiffs’ and in view of my points raised above, I demand that my account is recalled from Jacobs immediately.

Please be aware that I have written to my local councillor (name) and contacted the Citizen's Advice Bureau with regard to my treatment by Jacobs and vicariously (name of council). I reserve the right to complain to the local government ombudsman should my complaint not be dealt with satisfactorily.

I look forward to receiving your comments.

[Marie8137]

Re: Fed up with Jacob's Bailiffs

Thanks for the letter Amy, it scared me just reading it lol.

[Amy]

Re: Fed up with Jacob's Bailiffs

Feel free to edit out anything you don't like or that is incorrect. I promise I won't be offended.

xx

[Marie8137]

Re: Fed up with Jacob's Bailiffs

The letter was excellent and many thanks for your help, all I did was insert the bits I was supposed to, heres hoping that they will listen, fingers crossed. xx

[Marie8137]

Re: Fed up with Jacob's Bailiffs

What should I do if I hear nothing by August the 3rd?

[Marie8137]

Re: Fed up with Jacob's Bailiffs

I have an update, just had a phone call from Redcar and Cleveland Council, they have put my account with Jacob's Bailiffs on hold for a month to give me some breathing space, in that time somebody from the Council will come to see me and discuss my income and expenditure, and decide with me on a reasonable amount to pay.
Thanks for everyones advice and help, especially Amy, it shows that the bullies don't always win. xx

Will keep you updated.

[Amy]

Re: Fed up with Jacob's Bailiffs

Excellent, make sure Jacobs are aware of this.

Also make sure that it is actually someone from the council before you let them in since you do not have a walking possession agreement in place.

[Marie8137]

Re: Fed up with Jacob's Bailiffs

The man I spoke to from the council said I could rest assured there would be no letters, visits or phone calls, if I do receive any intimidating letters etc to contact him straight away, but he said it should be fine as they have told Jacobs there is a hold on the account.
My local councillor has also rang me to tell me the same, and that I will get a phone call from the council to make an appointment.
So I am feeling relieved and positive, and maybe I will sleep tonight.

[exbailiff]

Re: Fed up with Jacob's Bailiffs

It is important that you keep the payments up to date on your original liability order (the one that the bailiffs have already levied on). Respond to any demands for additional payments on this with a polite "I'm sorry but this is what we originally agreed and is therefore all I can afford".

With regards to the new liability order, the bailiff would need to levy distress (list your goods/walking possession) again. However, if the goods have already been levied upon and that walking possession is still valid (debt not yet cleared) then legally the same goods cannot be levied on again, until the bailiff has released them. If someone (even the same company) try to then this could be classed as 'Pound Breach', which is an offence at law!

Try and keep making direct payments to the Council with regard to the new liability order, although they don't like this they will accept them. Telephone the council and ask for the Revenues Manager, explain your situation and say that unless they accept your offer then you will have no option other than to file for bankruptcy, and then they will get nothing as you have no assets other than those already belonging to the bailiff. This technique often calls the council's bluff, as there job is to try and grab every penny they can. They do not want people to file from bankruptcy and turn there back on what they owe the public, often their response will be a little more understanding....just sound convincing on the phone!

Under no circumstances let the bailiffs in your property with regard to the new liability order, and remember, if your payments are up to date on the original one then they should have no need to enter your property regarding that. If you get any grief from a bailiff then demand to see his General Certificate (not company id card), note the details and tell him that you are going to file a Form 4 Complaint.....this will normally give him a nosebleed!

Hope this helps a little.

Rich

[Marie8137]

Re: Fed up with Jacob's Bailiffs

Right, I have an update regarding the Jacobs situation. I wrote a letter of complaint to the council, aswell as contacting my local councillor who arranged for me to meet with a member of Trading Standards to complete an income and expenditure form, which I did on Wednesday, yesterday I received a letter from the council admitting they had not sent me a letter and they had dealt inappropriately with my account. The upshot being that they have recalled the debt from Jacobs and I now pay the council a nominal amount within my means.
Thanks to everyone especially Amy who has been a real Godsend, and my advice is don't give up, and don't let the big boys bully you, shout loud enough and people will take notice.

[Amy]

Re: Fed up with Jacob's Bailiffs

Excellent result, well done xx

Did they refund all the charges that should not have been applied?

[Marie8137]

Re: Fed up with Jacob's Bailiffs

Not yet but that is next on my list.