Bailiff wants to increase payments, advise needed

[chrissalter]

Hi all,

I have a similar issue to this thread
http://www.legalbeagles.info/forums/...ad.php?t=26495

I'v just had a phone call from a jacobs rep, we're currently paying £86 a month in CT arrears (this amount was agreed by THEM)

I've just been told that because it will not be paid in six months ( a period never mentioned to us before) that we need to increase the payments to £146 a month or they will scrap the agreement and go for the full amount

THEY agreed the £86 a month, THEY never mentioned anything about a six month window

We're on the breadline as it is, we cant afford to pay more!
Can they actually do this?

On the phone, my response was "i will disregard everything in this call, please put this in writing"

She seemed reluctant at first which gave me cause to believe theyre not meant to do this but i need more ammo..

Can anyone Help/Advise?

[ploddertom]

Re: Bailiff wants to increase payments, advise needed

THis brings up a lot of unknowns - how much did you owe according to the LO from the Council - don't believe the Bailiff's figure. Have you had a breakdown of he charges the Bailiff's have applied to your account? Have they been into your home or otherwise obtained a levy on goods outside? If so could you list exactly as described on the Notice o Seizure what goods they have seized.

Usually most payment plans will run to the end of the financial year - 31 March. You could however cut them out of the loop and pay the Council direct via online banking, Council website or automated phone. You do have to allow for legitimate fees however if you do this. Guaranteed to upset the Bailiff but so what. He will utter all sorts of threats against you but there is not a lot he can really do.

Even if he has been in your home previously and has a valid Levy then of course this gives him the right to return and remove said goods. However you can deny him access again and for him to make a forced entry he will need:
1 - the permission of the Council and if they agree
2 - he has to go back to Court to get an Order allowing him to force entry - very rarely given, and if they agree
3 - he then has to write to you giving a date & time when intends to come & when that happens
4 - you do refuse him entry he may then indeed force entry

Looking at that scenario shows you a long way off this happening and as you are paying on a regular basis this will never happen. Sounds more like the Bailiffs trying to improve their collection rates.

[chrissalter]

Re: Bailiff wants to increase payments, advise needed

I'm sorry i'm at work so i dont have the exact figures.

The original bailiff did come into the house when the agreement was created, and she did write a list of (i think) 5 items

would you say its worth calling the council and explaining whats happening? could they put the brakes on before this gets out of hand?

I did think it would be something to do with the bailiff trying to improve stats but i'm not really up on the legal side of it

[ploddertom]

Re: Bailiff wants to increase payments, advise needed

I'm sorry i'm at work so i dont have the exact figures.

The original bailiff did come into the house when the agreement was created, and she did write a list of (i think) 5 items - be interesting to see what these are, how long ago was this agreement made?

would you say its worth calling the council and explaining whats happening? The Council will say they can do nothing and you have to deal with the Bailiff, they can but choose note to. could they put the brakes on before this gets out of hand? You could contact your local Councillor(s) and get them to take up your case - any refusal or reluctance then go to the Leader of the Council and his opposite number.

I did think it would be something to do with the bailiff trying to improve stats but i'm not really up on the legal side of it

PTPT

[chrissalter]

Re: Bailiff wants to increase payments, advise needed

The agreement was made about 3 months ago,
(which as i type i realise that its the same period as the other post i mentioned)

If i remember rightly the 5 items were TV, Sofa, Car, Computer and (i think) a table
------------------------------- merged -------------------------------
I've just found this, appears this is a normal tactic from Jacobs

http://www.consumeractiongroup.co.uk...t-playing-fair

[PocketTheDifference]

Re: Bailiff wants to increase payments, advise needed

There are a few good cases lately mine included, I wonder if you have time to read through them, as I have had to ask a few of the same questions.

Try this thread and see if any of your questions are answered.

http://www.legalbeagles.info/forums/...ad.php?t=31205

[chrissalter]

Re: Bailiff wants to increase payments, advise needed

also found this,

Can anyone recommend or advise against?

http://www.debt-line.net/Jacobs-Certified-Bailiff
------------------------------- merged -------------------------------
Just Realised that the original levy was done at our previous property, not our current one

am i right in thinking that this makes it invalid?

[PocketTheDifference]

Re: Bailiff wants to increase payments, advise needed

Apparent to what I have been told this in Invalid now yes.
I guess they have to apply to get a new one.

In my case they havn't got my new address....yet!!