Jacobs bailiff

[Amy]

Re: Jacobs bailiff

Did the bailiff ask to come into your house? Specifically, what did he say?

[dispondent]

Re: Jacobs bailiff

i knew he was coming to collect the £150 they wouldnt let me do it over the phone to start although i did ask to do that, saying they needed to see me to complete paper work.so he didnt have to say much other than where he was from. i just let him in!!!! he wasnt threatening or anything just insistant on what he was writing on his list even thought i told him most wasnt mine.

[dispondent]

Re: Jacobs bailiff

its pretty unerving knowing jacobs are comming out, even if i am armed with knowin about the fraud and invalid walking possession but im sick to death of being pushed around by them and doing everything they ask just becauce they say so!

[Amy]

Re: Jacobs bailiff

Stilling working on the main letter, but you need to fax this to the bailiff and also post a copy either in your window or on your front door.

Dear Sir/Madam
TAKE NOTICE


That any visit to the above property post (add date of this letter) by yourselves, your agents, or those otherwise acting on your behalf or upon your instructions, stating either verbally or in writing an intention, unlawfully or by force, or guile (and other than by express invitation) to enter these premises and remove property, will result in the arrest of the agent/person concerned for attempted burglary. Steal shall mean any removal or attempted removal, or intention to remove, any property in which you have no lawful Title or Property therein.

I reserve the right to produce a copy of this Notice to the Court in future proceedings.

Yours faithfully






cc. ******** Council

[dispondent]

Re: Jacobs bailiff

Hi Amy. do i have to fax that of will email do it? im sure they will contest that they have the right with the walking possession but isnt that my word against his? although i do have proof of the things on HP. im worried that i did actually sign that damnd thing knowing most of the stuff wasnt mine althought i did tell him that!

[dispondent]

Re: Jacobs bailiff

just to say i have e-mailed all 3 of my councilors with details of Jacobs and my problems not sure if they will do anything but ill keep you posted of any contact.

[WendyB]

Re: Jacobs bailiff

Fax it and email it and send a copy by recorded delivery. If they do turn up, on no account let them in. Don't even open the door. If you do talk to them make sure it's from an upstairs window.

Don't be conned into letting them in under any circumstances, they lie and cheat to gain entry and get money out of you to which they are not entitled. You will be able to tell when the bailiff is lying - he will be speaking.

If you follow the Bailiffs Guide and Amy's advice, you will be fine. Bailiffs are bullies but when you stand up to them you can win in the end. Likewise, councils try to abdicate their responsibilities too, but at the end of the day the bailiffs are working under the council's instructions, they instructed the bailiffs in the first place and they can instruct them in what instalments to accept. They can also take the debt back although they don't like doing this and will pretend they can't. So you have to get tough with the council too. I'm sure Amy is working on it for you so don't panic.

[Amy]

Re: Jacobs bailiff

You need to send the SAR to the bailiffs, you can find this at the top of the bailiff forum.

This letter is for the council.

I am being harassed by bailiffs in your employ from Jacobs. As this man represents ******** council, I mistakenly believed him to be a figure of authority and virtue and that I must do as directed by him. It has now come to my attention that he has in fact lied to me by misrepresenting his powers and, therefore, ******* council are to be held responsible since they allow this type of practice to go on seemingly unchallenged.

I had a payment arrangement with ******* council to pay £43 per week towards my outstanding council tax debt of £830. However, due to one missed payment I received a Notice of Seizure from Jacobs, which instructed me to telephone the bailiff immediately to make a payment. Since the letter was deliberately worded to instil fear and dread, I did telephone, but was informed that Jacobs were unable to take my payment over the telephone and instead, the bailiff would need to visit me at my property to take payment.

I was completely unaware that this was a blatant lie; that I was under no obligation to grant entry to the bailiff and in fact, I now realise that I should have refused him entry since once peaceful entry is granted the bailiffs then gain an automatic right to force entry.

The bailiff visited me on (date) and proceeded to make a list of my goods. I now realise this was a walking possession order. Some of the goods he listed either did not belong to me or were on finance. However, I was told ‘not to worry about this, it was just a formality.’

He handed me the walking possession order and asked me to sign it, which I declined to do since I believed that to do so would have been illegal given that I had just informed the bailiff that I was not the owner of some of them. I was told in no uncertain terms that I must sign the walking possession order or the bailiff would be unable to take the payment from me as arranged and that he would be unable merely to levy on my goods; he insisted he would be left with no choice but to return later that day and remove the listed goods immediately from my property unless I signed. Under duress I agreed to sign.

Since researching my rights, I now realise that I have been continually lied to, deceived and been taken advantage of by Jacobs bailiffs and vicariously by *********** council. Bailiffs are expressly forbidden from misrepresenting their powers and should you need clarification, I have quoted some salient information below.

The National Standards for Enforcement Agents states “Enforcement agents must not misrepresent their powers, qualifications, capacities, experience or abilities.”

Furthermore, when the bailiff visited me he did not show me any identification so I am unable to check his certification since I do not know his name.

The Distress for Rent Rules 1988 clearly state Every bailiff levying a distress shall produce his certificate to the tenant if he is present or, in the absence of the tenant, to such other person present as appears to be in control of the premises.

A bailiff levying distress shall deliver to the tenant, or leave on the premises where distress is levied, a memorandum in Form 7 identifying the bailiff and specifying in an Inventory the goods distrained on and setting out the amounts for which the distress is levied and the fees, charges and expenses authorised by these Rules and being actually and necessarily incurred under them.

I believe this practice to be deliberate and carried out routinely in order that the bailiff can maximise his profits, which is also expressly forbidden in the Distress for Rent Rules 1988 “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.” Are you aware that to charge non-prescribed fees is illegal? By charging me a fee in order to "process" my payment, Jacobs have defrauded me under Section 2(1)(b)(i) and Section 4(1)(c)(i) of the Fraud Act 2006. This also means that, since Jacobs act for ******** Council, the council is equally culpable and liable in this matter.

To summarise, the walking possession order is invalid since the bailiff lied to me in order to gain entry to my property and then proceeded to list goods that either did not belong to me or were on finance.

As such I believe that I have substantial grounds to achieve a successful Form 4 complaint against Jacobs and I reserve the right to name ****** council.

I have informed Jacobs that any further visit to the above property post (add date of this letter) by them or those otherwise acting on your behalf or upon your instructions, stating either verbally or in writing an intention, unlawfully or by force, or guile (and other than by express invitation) to enter these premises and remove property, will result in the arrest of the agent/person concerned for attempted burglary. Steal shall mean any removal or attempted removal, or intention to remove, any property in which you have no lawful Title or Property therein.

For your file records, you should also note that I will no longer be dealing with Jacobs; that I will make all future payments direct to ************* council and that I demand my account be recalled from Jacobs forthwith. I require you to confirm to me in writing that you have done this and I require this confirmation by (7 days from date of this letter).

If I do not receive this confirmation I reserve the right to escalate this matter to a formal complaint to the Local Government Ombudsman.

I look forward to hearing from you.

Yours faithfully,