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I need help getting nowwhere fast with baliffs or council

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  • I need help getting nowwhere fast with baliffs or council

    Hi all,

    On the 19th November I returned home to find 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 £101.44.

    Firstly, the enforcement notice that was posted through my door only indicates the following costs 'Total Balance Now Due: £135.04'. It indicates the 'Balance Before Today's Visit £101.44', 'Attendance to Levy Fee £33.60' but no 'Attendance To Remove Fee'. This document also was not Dated.

    Secondly, when I realised what the enforcement notice was, I immediately contacted the bailiff company but not the baliff who delivered as they did not put a number or full name on the document. I spoke to the company in a polite manner, explaining that I had only £35 in my account which I would pay now, and then I tried to offer to pay the final £100.04 within 14 days of visit 30/11, which he completely disregarded and stated that he wants one of the following; 2 installments of £67.52 (completely unaffordable in my situation), or they would take 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 in rented furnished home. 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." I then ended the call and redialled and paid the £35 wand emailed the company the payment plan, I hoped this was the end of the matter!

    The yesterday I got home 6 days after my first payment and email and telephone call to another baliff document but this time the fees changed
    'Total Balance Now Due: £275.00. It indicates the 'Balance Before Today's Visit £100.04', 'Attendance to Levy Fee £33.60' 'Attendance To Remove Fee £141.36'. This document also was not Dated. So dispite my offer this has been totally disreguarded and additional fees have been added which I can not afford and at this rate I will be owing £1000's.

    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, just pay or we will remove your goods I also contacted he Leeds City Parking Penalty department and they did not want to know and said all fees where to do with the baliff and nothing to do with them!

    Can someone offer me any advice at all, as I am genuinely worried about them 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 offer and even stick to a payment plan which is with a 14 day time frame.

    Any advice is greatly appreciated, thanks in advance.

    Debbie
    Tags: None

  • #2
    Re: I need help getting nowwhere fast with baliffs or council

    I'm not very knowledgeable in this area but am sure someone will be along soon to help
    nic xo

    Comment


    • #3
      Re: I need help getting nowwhere fast with baliffs or council

      does the council have an automated payment line?

      make the payment via the line to the COUNCIL and advise them of the bailiffs behaviour, if they say that you must deal with the bailiff directly, remind them that the council are 100% vicariously liable for the bailiffs, and that you are making a formal complaint about thier behaviour.

      Have they gained access to your home or levied anything, park your car away from home and DONT LET THEM IN!!!

      Shouting out for help from the experts as we speak!

      P

      Comment


      • #4
        Re: I need help getting nowwhere fast with baliffs or council

        Hi Yes they do have a automated payment line, I made a complaint this morning but they have stated its not there debt anylonger and its the baliffs!

        No access has been gained nor any levys but where I live they would spot my car....

        How can the baliffs charge such fees when I made a offer to settle in full within 14 days with a one off payment?

        Comment


        • #5
          Re: I need help getting nowwhere fast with baliffs or council

          Have a read, and come back with any questions if you need to. :beagle:

          http://www.legalbeagles.info/forums/...rking-Offences

          Comment


          • #6
            Re: I need help getting nowwhere fast with baliffs or council

            this is the response from JBW

            Thank you for your recent email.

            Whilst we have noted your comments, unfortunately JBW Group are not in a
            position to resolve your dispute.

            You contacted JBW on 20th November 2012 and you were offered an arrangement of
            50% of the balance and the rest within 14 days, you refused this arrangement
            and were advised that our enforcement would continue.

            All legal procedures for the recovery of this outstanding penalty have been
            correctly followed. JBW Group Ltd is acting under the authority of a Warrant of
            Execution which has been issued at the Traffic Enforcement Centre, Northampton
            County Court and passed to us to execute.

            All fees have been applied correctly in accordance with the Enforcement of Road
            Traffic Debts (Certificated Bailiffs) Regulations 1993.

            Based on the above, we can only suggest that you seek independent legal advice
            in this matter.

            --
            Customer Queries Department | JBW Group Limited

            Comment


            • #7
              Re: I need help getting nowwhere fast with baliffs or council

              Did you know about the original ticket? Have you asked JBW to see the Warrant?

              Comment


              • #8
                Re: I need help getting nowwhere fast with baliffs or council

                These are the fees as I calculate them:

                Original Debt: £101.44
                Attendance to Levy £ 28.40

                Balance Owing: £129.84

                Paid the sum of: £ 35.00

                New balance owing: £ 94.84

                Attendance to Levy: £ 26.56

                New Balance Owing: £121.40

                Attendance to Remove fee invalid as they have not levied on anything.


                I would send the following to the Head of Revenues, Leeds City Council:

                Dear Sir,

                Your Ref: [Insert your reference]

                I am writing with regard to the above account. I have been visited recently by your appointed enforcement agents, JBW Bailiffs, who have charged me a total of £275.00 (this outstanding balance includes a payment of £35.00 made by me on dd/mm/2012. I have attached a copy of the breakdown of their fees. (Attach THEIR fees as per Post 1)

                I do not believe these fees are legitimately charged as prescribed by The Enforcement of Road Traffic Debts (Certificated Bailiffs) (Amendment) Regulations 2003. I would therefore be grateful if you could confirm whether or not you believe them to be fair and honest. If they are not, I would request that the debt be recalled to the council, and all fees removed. At no stage have I seen the Warrant of Execution, so I would be grateful is you could please send me a copy of it.

                I attach also a copy of what I have been advised are lawful charges for this account. (Attach charges as per this post)

                As you are vicariously liable with your appointed enforcement agents regarding the collection of this debt, and given the fact they have vastly overcharged, I believe I should only be charged for the cost of the original fine - £101.44. I have already made a payment of £35.00, leaving a sum of £66.44 owing to you. Set out how you intend paying this. Eg - I am willing to pay this in two equal monthly installments of £33.22, the first payment beingmade on dd/mm/2012. I require also your written confirmation that this debt has been recalled to the council and your enforcement agents instructed to cease collection of this with immediate effect.


                Should you be unhappy with this arrangement, please forward to me your written confirmation condoning the legality of the fees charged by JBW Bailiffs so I can pursue this further.

                Yours faithfully,


                Sign your name here


                [PRINT NAME]

                Comment


                • #9
                  Re: I need help getting nowwhere fast with baliffs or council

                  Sorry Plodder- crossed post.

                  Comment


                  • #10
                    Re: I need help getting nowwhere fast with baliffs or council

                    THIS IS JBW RESPONSE, STILL NO RESPONSE FROM LCC, WHAT DO I DO????

                    Thank you for your recent email's in respect of the above Penalty Charge.
                    Whilst we have noted your comments, unfortunately JBW Group is not in a
                    position to resolve your dispute.

                    All legal procedures for the recovery of this outstanding penalty have been
                    correctly followed. JBW Group Ltd is acting under the authority of a Warrant of
                    Execution which has been issued at the Traffic Enforcement Centre, Northampton
                    County Court and passed to us to execute.

                    As requested we have attached a copy of the warrant for your records along with
                    a full breakdown of fees and charges with the provisions laid out of these fees
                    also attached.

                    All fees have been applied correctly in accordance with the Enforcement of Road
                    Traffic Debts (Certificated Bailiffs) Regulations 1993.

                    If you require further clarification in regards to the above matter, we would
                    suggest you seek independent legal advice.

                    In order for us to discuss a payment proposal, please telephone our Contact
                    centre on 0844 576 3620. No further hold will be placed on your account unless
                    we are instructed to do so by our client therefore failure to pay this
                    outstanding balance of £174.00 immediately may result in further fees/charges
                    being incurred and the possible removal of goods.

                    I trust this will assist you.

                    --
                    Customer Queries Department | JBW Group Limited

                    Comment

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