I need some advice regarding JBW Bailiffs

[Iain12790]

Hi all,

Yesterday morning I woke up to an Enforcement Notice posted through my door from JBW Bailiffs. I am just looking for some advice regarding this.

The reason for this notice follows an unpaid Penalty Charge Notice from Leeds City Council. The original amount was £131.44.

Firstly, the enforcement notice that was posted through my door only indicates the 'Total Balance Now Due: £340'. It does not indicate the 'Balance Before Today's Visit', 'Attendance to Levy Fee' or the 'Attendance To Remove Fee' - Is this actually a legal document as it stands?

Secondly, when I realised what the enforcement notice was, I immediately contacted the bailiff who delivered it, namely a Mr Kellett, on the mobile number he provided. I spoke to him in a polite manner, explaining that I had only just started working again last week, after being unemployed since March 2012. I tried to offer to pay the amount in affordable installments, which he completely disregarded and stated that he wants one of the following; 2 installments of £170 (completely unaffordable in my situation), 1 installment of £340, or Goods from my house. I explained to him that none of the goods in the house actually belong to me, apart from clothing and bedding, as I am living with my parents. In a relatively aggressive manner he then stated to me that unless I can provide receipts for the goods, proving they aren't mine, he will "come and take what I want."
The majority of the goods in the house are from Saudi Arabia, and around 7 years old, so obviously my parents don't possess the receipts for them. Can he take goods which aren't mine?

Finally, I have since tried to contact the bailiff in question to offer a payment of £50 on Monday 1st October, and the remaining £290 by October 31st, as I will have been paid by then. I have tried to contact the bailiff somewhere in the region of 15 times since 2pm yesterday. He is cutting off my calls, sending it to voice mail on every occasion. I have left him two voice mails stating my offer, and asking him to contact me on one of two telephone numbers I have provided to him. I have even gone as far as to text him stating the same as the voice mails.
I have also contacted JBW themselves, stating all of the above, and I was very rudely told that it was nothing to do with them, and that I had to deal with the bailiff myself.

Can someone offer me any advice at all, as I am genuinely worried about him coming back to the house and trying to take goods which don't belong to me, and also adding more and more charges even though I have made every feasible attempt to contact him.

Any advice is greatly appreciated, thanks in advance.

Iain.

[Nic]

Re: I need some advice regarding JBW Bailiffs

I know someone will be along soon who is an expert in this area... If memory serves me you will need to do a sworn declaration stating that the property in the house does not belong to you. Also you may need to get your parents to do one. Like I said I'm reletivally new but for def someone will be here who can help hold tight

[teaboy2]

Re: I need some advice regarding JBW Bailiffs

First off all go to a solicitor and get a satutory declaration signed by your solicitor stating all goods in the house apart from your own clothing and bedding belong to your parents (ensure they are both named with title, first name and second name). Hand a copy to the bailiff if he comes back. If you have a car, park it at a friends as they will search nearby streets for it. Now as its a parking penatly notice they can not force their way in to your home, so always refuse him entry. Contact your JBW themselfs with the repayment offer alomg with a formal complain about their bailiffs behavouir and a break down of the account. Then post up details of what fees this bailif has applied to your account that they are trying to get payment for.

[Iain12790]

Re: I need some advice regarding JBW Bailiffs

Thanks for the advice so far guys. I also meant to ask, if he doesn't contact me by telephone, and keeps ignoring my calls but just turns up at the house, am I liable for another £200 charge, even though I have made every effort to contact him to arrange repayment? I'm thinking I should keep a copy of the text messages I've sent, to back this up?

Thanks again,

Iain.

[ploddertom]

Re: I need some advice regarding JBW Bailiffs

The Bailiff may only seize the goods of he debtor. He has however forgotten a couple of things - he needs to gain entry first, I'm assuming you have made your parents aware of what he is doing. Therefore if he comes they can as owners of the property ask him to leave peacefully. Secondly if this is who I think he is he comes up as self employed on the Bailiff Register, you should ask Leeds Council if they allow their contractors to sub-contract, many do not. Were you living with your parents when the "offence" was committed?

[Iain12790]

Re: I need some advice regarding JBW Bailiffs

Who would I need to speak to at Leeds City Council? Yes, my parents are aware of the situation, and I was living with them at the time of the "offence". What is likely to happen if Leeds City Council don't allow their contractors to sub-contract, and this guy self employed?

Thanks in advance,

Iain.

[ploddertom]

Re: I need some advice regarding JBW Bailiffs

Check with the Council first, don't tell them why you need to know. If they say they don't allow it you will have to contact the Court that issued his Certificate to see if he has had a change of employer. If that is the case then you will need to write to JBW advising them of this - copy to Council - and if possible pay the Council direct at that stage. I'm not an expert on parking fines but if you have a read of http://www.legalbeagles.info/forums/...rking-Offences then you will get a better idea of what he should be charging - not that I think he would overcharge.

[Iain12790]

Re: I need some advice regarding JBW Bailiffs

Having contacted JBW Group themselves, I was involved in a rather heated discussion, in which the gentleman on the end of the phone told me he was unable to discuss the account with me, as I have to deal with the bailiff himself, and that he was unable to accept an offer for payment, again, I need to speak to the bailiff himself.

In theory, this is all well and good, however, the bailiff appears to be extremely elusive, and is refusing to answer my calls or texts, and is making no attempt to contact me.

I'm now beginning to wonder if he is just going to show up, and charge me another £200 fee for his time. Will I be liable to pay this fee, if this is the case?

I am also still unsure if the Enforcement Notice is actually legal, as as far as i can figure out, it is incomplete? Any advice appreciated.

Apart from everything I've already tried, I can't figure out another way to contact the bailiff - Does anybody have any suggestions?

Thanks in advance,

Iain.

[bluebottle]

Re: I need some advice regarding JBW Bailiffs

Having contacted JBW Group themselves, I was involved in a rather heated discussion, in which the gentleman on the end of the phone told me he was unable to discuss the account with me, as I have to deal with the bailiff himself, and that he was unable to accept an offer for payment, again, I need to speak to the bailiff himself.

In theory, this is all well and good, however, the bailiff appears to be extremely elusive, and is refusing to answer my calls or texts, and is making no attempt to contact me.

I'm now beginning to wonder if he is just going to show up, and charge me another £200 fee for his time. Will I be liable to pay this fee, if this is the case?

Apart from everything I've already tried, I can't figure out another way to contact the bailiff - Does anybody have any suggestions?

The bailiff's fees are regulated by law, namely, the Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993-2003. They are not permitted to deviate from them. Any deviation and they are treading on very dangerous ground, legally. I am attaching the Regulations to this post, along with the MoJ's National Standards for Enforcement Agents.

If the brain-dead bailiff has seized a third party vehicle, he is acting ultra vires (outside the law).