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Oh well, where do I start with this delightful company???? I had an issue with them 2 years ago, the upshot of which was the mental illness I was suffering with and being treated for at the time post natal psychosis (post natal depression - on steroids!) was pushed to breaking point and I was literally one more strange behavior away from a section! But that is another story, I shall not digress. The debt however is actually the same one, whilst recovering from my illness the council agreed to take back the debt and it was paid via an attachment to my benefit. Fine, all hunky dory you would think. Oh no.
I started work last year after being fully recovered and informed the benefits section of this, thinking that all benefits would stop and I would be now sent a bill for this years Ctax and for the amount left outstanding. Oh no, because the payments of the arrears stopped the council very kindly sent the debt back to Jacobs, they insist they sent me a letter about it but I have never received a letter from the council regarding this. When I asked them why this had been passed onto Jacobs again they said that it was because I had stopped paying. Explained that I had informed the benefits that I was working and provided all information etc but heard nothing from them at all. Informed that this was my fault as I should have started paying when benefits stopped. Fair enough I said although did question how I COULD pay a bill I have no reference number or bill for.
Anyway I then received a visit from a Jacobs Bailiff who stated that I had ignored numerous previous attempts at contact and they were now attending my property to levy my goods and collect payment or set up a payment plan. I have to admit that as soon as I saw Jacobs on the letter I flipped my lid, after the pressure the last bailiff from them put a mentally ill, single parent me under, I lost the plot slightly. I told him in no uncertain terms that he was not going to gain peaceful entry, that I didn't have to let him in and that I wasn't going to. I spoke to him on the street and he said he was only there to set up a payment plan, which was then agreed - subject to me letting him in to levy my goods. I again refused to do that, however paid a sum there and then (receipt obtained!) and told him that I would pay, have never refused to pay but due to my past experience he wasn't coming in. I said that once he'd gain peaceful entry he could come back whenever and take whatever he'd levied, he said as long as I stuck to the plan that wouldn't happen. I did however bring to his attention the fact that on the letter he left it does say that they can review any agreement at any time, summing that up I assume that means that they can gain peaceful entry and levy my goods, agree to a plan and I start to pay, then 6 months down the line they decide they want more, demand and unreasonable amount and when I fail to meet it they then have full access to enter my home and take goods levied, without my knowledge. He replied that they wouldn't do that, however due to my previous dealings with them I still refused entry. With that he then said he could not set up a payment plan without placing a levy on my goods and if I didn't start paying it would go to an enforcement team etc, etc. I then said fine, I will save the amount we agreed each week until you or the council give me a method to pay it, and if you do go to court to get an order to enter my property I will attend court, with all correspondence and the money saved and explain that I have only acted within my legal rights, and never refused to pay. He then said that I needed to speak to his head office as he could not agree to a plan without a levy in place, but they could. They then told me that I was effectively refusing to pay and they could do nothing it was down to the council to agree to a plan without a levy. I wrote to both Jacobs and the council and called the Bailiff again to inform him that I had requested that either the council take the debt back or they instruct Jacobs to take payment explaining the above. I received another visit from the bailiff this time whilst I was out stating that I had ignored previous attempts at contact and had 24 hours to pay up. I once again rang the bailiff explaining again who I had written to etc etc, and that obviously I hadn't ignored his previous communication seeing as I had a receipt for a sum paid!
I then received a letter back from Jacobs sating that they could not set up a payment plan as the case was with their 'Field Agent' (details supplied) and I should contact him. I decided to sit tight and wait to hear from the council.
Today I received a letter from the council stating that they had instructed Jacobs to accept my payment offer, and that I must direct all communications and payment to them. I also received a letter from Jacobs stating that they are prepared to accept my payment offer and no further action will be taken as long as I pay the amount within the timescale. They then go on to say that I will shortly be visited by a bailiff to levy and secure the debt! Back to square one! I have however made a payment online yesterday, and saved and printed the payment accepted screen and checked that it is recorded on my credit card statement.
Thanks for reading that lot, I felt it was important to give all the details before I ask these questions of those more in the know that me!
1) The two notices I received from the bailiff that visited have the amount owing written in and then '+ costs' written next to it. I asked the bailiff verbally to break this down and inform me of these costs, however have received no feedback. Should I write to them again asking for these costs to be detailed, clarified and justified? And also am I correct in thinking that they can only charge for 2 visits and no more?
2) What should I do if the bailiff does return to levy my goods again? I do have it in writing that they are prepared to accept my payment offer and the letter doesn't state that this is subject to the bailiff calling, as the hand delivered letters did, just that they will call to levy. I am very concerned that they will still proceed with a court application to gain entry even though I am paying them, as I refuse to allow peaceful entry, which will incur me more costs. Especially as the letter from the council states that they have instructed Jacobs to accept payment but no mention of the levy is made.
3) If I do allow peaceful entry and in the future they review my account and decide to increase my payments, and I cannot meet those payments and therefore default am I correct in thinking that they can then come and take the levied items? Even if I can't agree to new terms?
4) And finally (collective sigh of relief!) If worst comes to worst and they do take the levied goods, the items I have will not cover the debt in any means! I have a houseful of 2nd hand given furniture! What happens then? Is that the point where I may be sent to prison?
Many thanks to you all in anticipation of your much needed help, and sorry for rambling on and on!
I started work last year after being fully recovered and informed the benefits section of this, thinking that all benefits would stop and I would be now sent a bill for this years Ctax and for the amount left outstanding. Oh no, because the payments of the arrears stopped the council very kindly sent the debt back to Jacobs, they insist they sent me a letter about it but I have never received a letter from the council regarding this. When I asked them why this had been passed onto Jacobs again they said that it was because I had stopped paying. Explained that I had informed the benefits that I was working and provided all information etc but heard nothing from them at all. Informed that this was my fault as I should have started paying when benefits stopped. Fair enough I said although did question how I COULD pay a bill I have no reference number or bill for.
Anyway I then received a visit from a Jacobs Bailiff who stated that I had ignored numerous previous attempts at contact and they were now attending my property to levy my goods and collect payment or set up a payment plan. I have to admit that as soon as I saw Jacobs on the letter I flipped my lid, after the pressure the last bailiff from them put a mentally ill, single parent me under, I lost the plot slightly. I told him in no uncertain terms that he was not going to gain peaceful entry, that I didn't have to let him in and that I wasn't going to. I spoke to him on the street and he said he was only there to set up a payment plan, which was then agreed - subject to me letting him in to levy my goods. I again refused to do that, however paid a sum there and then (receipt obtained!) and told him that I would pay, have never refused to pay but due to my past experience he wasn't coming in. I said that once he'd gain peaceful entry he could come back whenever and take whatever he'd levied, he said as long as I stuck to the plan that wouldn't happen. I did however bring to his attention the fact that on the letter he left it does say that they can review any agreement at any time, summing that up I assume that means that they can gain peaceful entry and levy my goods, agree to a plan and I start to pay, then 6 months down the line they decide they want more, demand and unreasonable amount and when I fail to meet it they then have full access to enter my home and take goods levied, without my knowledge. He replied that they wouldn't do that, however due to my previous dealings with them I still refused entry. With that he then said he could not set up a payment plan without placing a levy on my goods and if I didn't start paying it would go to an enforcement team etc, etc. I then said fine, I will save the amount we agreed each week until you or the council give me a method to pay it, and if you do go to court to get an order to enter my property I will attend court, with all correspondence and the money saved and explain that I have only acted within my legal rights, and never refused to pay. He then said that I needed to speak to his head office as he could not agree to a plan without a levy in place, but they could. They then told me that I was effectively refusing to pay and they could do nothing it was down to the council to agree to a plan without a levy. I wrote to both Jacobs and the council and called the Bailiff again to inform him that I had requested that either the council take the debt back or they instruct Jacobs to take payment explaining the above. I received another visit from the bailiff this time whilst I was out stating that I had ignored previous attempts at contact and had 24 hours to pay up. I once again rang the bailiff explaining again who I had written to etc etc, and that obviously I hadn't ignored his previous communication seeing as I had a receipt for a sum paid!
I then received a letter back from Jacobs sating that they could not set up a payment plan as the case was with their 'Field Agent' (details supplied) and I should contact him. I decided to sit tight and wait to hear from the council.
Today I received a letter from the council stating that they had instructed Jacobs to accept my payment offer, and that I must direct all communications and payment to them. I also received a letter from Jacobs stating that they are prepared to accept my payment offer and no further action will be taken as long as I pay the amount within the timescale. They then go on to say that I will shortly be visited by a bailiff to levy and secure the debt! Back to square one! I have however made a payment online yesterday, and saved and printed the payment accepted screen and checked that it is recorded on my credit card statement.
Thanks for reading that lot, I felt it was important to give all the details before I ask these questions of those more in the know that me!
1) The two notices I received from the bailiff that visited have the amount owing written in and then '+ costs' written next to it. I asked the bailiff verbally to break this down and inform me of these costs, however have received no feedback. Should I write to them again asking for these costs to be detailed, clarified and justified? And also am I correct in thinking that they can only charge for 2 visits and no more?
2) What should I do if the bailiff does return to levy my goods again? I do have it in writing that they are prepared to accept my payment offer and the letter doesn't state that this is subject to the bailiff calling, as the hand delivered letters did, just that they will call to levy. I am very concerned that they will still proceed with a court application to gain entry even though I am paying them, as I refuse to allow peaceful entry, which will incur me more costs. Especially as the letter from the council states that they have instructed Jacobs to accept payment but no mention of the levy is made.
3) If I do allow peaceful entry and in the future they review my account and decide to increase my payments, and I cannot meet those payments and therefore default am I correct in thinking that they can then come and take the levied items? Even if I can't agree to new terms?
4) And finally (collective sigh of relief!) If worst comes to worst and they do take the levied goods, the items I have will not cover the debt in any means! I have a houseful of 2nd hand given furniture! What happens then? Is that the point where I may be sent to prison?
Many thanks to you all in anticipation of your much needed help, and sorry for rambling on and on!
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