Jacobs Bailiffs - clamped vehicle but will not take possesion of it

[teaboy2]

Re: Jacobs Bailiffs - clamped vehicle but will not take possesion of it

I never received a copy of any levy - he had to find the car - he thought I had one but I didn't admit it - then one day I got into the car to go to work and he tried to block me in; I moved around him but then of course he was looking for it - i made the mistake of parking it around the corner and I received a letter through the door (no knock) saying the car had been immobilised. it also says it was a notice of intention to force entry and remove goods but I have never signed a levy sheet, a walking possesion order nor has he been given permission to enter the house.
I know he is pulling a fast one and I really want to get him on the legalities

No levy, clamped your car when its a council tax debt, Certainly lookes like hes added illegal fees to the amount, Tax was previously repaid to the council - Blackmail in my book under section 21 theft act 1964 as well as tort of trespass to your property.

Though Answer Plodders post above too as plodder is more an expert in bailiffs, then i am. My knowledge is on general law, consumer credit and employment! Though i do take a more direct approach when dealing with DCA's and the likes, but within the law off course.

P.S. Sorry it was me that always gets mixed up between Jacobs and JBW lol

[ploddertom]

Re: Jacobs Bailiffs - clamped vehicle but will not take possesion of it

If Bailiffs were allowed to clamp for Council Tax then these forums would be littered every day with complaints - ask them to tell you which Regulation allows him to do this. As for his fees there are set down what he can charge - without deviation. Plus to cap it all no Notice of Seizure = no valid levy which opens him up to all sorts of charges. There is a good chance you may have enough to file a Form 4 complaint but that will be a last resort. You must also remember the Council are 100% liable for the actions of their appointed contractor, would be interesting to see what they say.

[ploddertom]

Re: Jacobs Bailiffs - clamped vehicle but will not take possesion of it

P.S. Sorry it was me that always gets mixed up between Jacobs and JBW lol

I think we can forgive you - just this once though!

[starukkiwi]

Re: Jacobs Bailiffs - clamped vehicle but will not take possesion of it

If Bailiffs were allowed to clamp for Council Tax then these forums would be littered every day with complaints - ask them to tell you which Regulation allows him to do this. As for his fees there are set down what he can charge - without deviation. Plus to cap it all no Notice of Seizure = no valid levy which opens him up to all sorts of charges. There is a good chance you may have enough to file a Form 4 complaint but that will be a last resort. You must also remember the Council are 100% liable for the actions of their appointed contractor, would be interesting to see what they say.

thank you - I will send a letter to Jacobs and the Councill tomorrow asking about the regulation he is trying to use and should I ask them to have the clamp removed as it is illegal. In the meantime, I am waiting to see what the fee breakdown is - and I will let you know what they are. As you say, fairy tales.

[ploddertom]

Re: Jacobs Bailiffs - clamped vehicle but will not take possesion of it

You can always hope the reply from the Council is the standard "all fees & procedures have been carried out correctly" or similar. You can then squeeze gently until they squirm.

[starukkiwi]

Re: Jacobs Bailiffs - clamped vehicle but will not take possesion of it

Well things happened today; we did the letter to Jacobs and went out this afternoon to post it and I said I would take photo of the car with the clamp on - no clamp. However, the Bailiff still has a key to the car, which has not been returned.
Then at 4.30pm, I received the following in an e-mail:
Dear Mr and Mrs xxxxxx


Thank you for your recent email.

Please find attached a statement of your account listing all fees/payments to date.

We have spoken with Trafford MBC who confirmed that they did receive a payment from you on November 25^th 2012; however this payment was allocated to another account.

Our bailiff Mr Xxxxxxx Xxxxx attended your property on July 17^th 2012 and July 18^th 2012 and a fee was raised for each visit. Mr Xxxxx was certificated at Liverpool County Court on January 11^th 2011.


Mr Xxx Xxxxxxxx attended your property on September 6^th 2012 and an attendance/van fee and levy fee were raised. Mr Bishop also attended the property on September 7^th 2012 a fee was not raised for this visit, he was then reallocated to your account in October and made two further visits on November 23^rd 2012 and November 26^th 2012 fees were not raised for these visits. We can confirm that Mr Xxxxx was certificated at Macclesfield County Court on December 21^st 2011.


Mr Xxxxxx is no longer dealing with your account.


The outstanding balance at today’s date is £1,316.33 and we now require this balance to be paid in full within 7 days.

Failure to comply may result in further recovery action taking place.

Payment methods are as follows: cash, cheque, postal order, credit/debit card over the telephone on 0845 452 2300, payment cards can be requested from our office or alternatively you can pay via our website www.jacobsbailiffs.co.uk (a £0.50 fee is raised for these options and a 2% fee is raised for credit card payment).

Yours sincerely,

Jacobs Certificated Bailiffs
4 Europa Boulevard
Birkenhead
Wirral
CH41 4PE


Now apart from the fact that the payment was misallocated and I shall contact the Council tomorrow - there is the fact of a missing car key, handed to the bailiff on the 23rd November. Also, he visitd on the 22nd November as that was when he clamped the car. His pieces of paper say £1433 plus costs and they are back tracking now.
I have already sent the letter in about the clamping (with a copy to the Complaints Dept at the Council) - I am tempted to send an e-mail in response attaching the 2 letters and also a copy of the letter sent today. Also, is it worth asking for Full Subject Access Request as his letter says he took photos and this was on the 22nd.

[starukkiwi]

Re: Jacobs Bailiffs - clamped vehicle but will not take possesion of it

Oh and htey are trying to charge us for a Van removal fee on the 6th September; however, we did not recieve any notification of Notice of Seizure

[teaboy2]

Re: Jacobs Bailiffs - clamped vehicle but will not take possesion of it

What was the actual breakdown of fees in amounts?

[ploddertom]

Re: Jacobs Bailiffs - clamped vehicle but will not take possesion of it

Makes you wonder whether they have been reading this?

[starukkiwi]

Re: Jacobs Bailiffs - clamped vehicle but will not take possesion of it

see below

[starukkiwi]

Re: Jacobs Bailiffs - clamped vehicle but will not take possesion of it

July 2nd £1107.03
July 17 Visit Fee 1 £24.50
July 18 Visit Fee 2 £18.00
Sep 6th Attendance/Van £110.00
Sep 6 Visit Fee £56.00
However, they have not mentioned the visit on the 22nd November when he clamped the car - and there is a discrepancy between what they now say and what he said on his letter; plus we didn't receive the Notice of Siezure on the 6th Sept (he couldn't find the car)

Makes you wonder whether they have been reading this?

Oh it does doesn't it? and there's the case of the miising key

[teaboy2]

Re: Jacobs Bailiffs - clamped vehicle but will not take possesion of it

What did you originally owe in default for council tax as i can not see why they charges so much on the 2nd of july.

[starukkiwi]

Re: Jacobs Bailiffs - clamped vehicle but will not take possesion of it

As the Council had not billed us accuarately (they did not bill us in our legal names) in April we had disputed it and unfortunately; that is the charge for us in this part of the Country - that is the amount as charged in April

[starukkiwi]

Re: Jacobs Bailiffs - clamped vehicle but will not take possesion of it

I have sent a letter to both the Council and Jacobs regarding the clamping; but did send Jacobs some photos of the Clamping notice, along with a request to return the key - also asked them about the discrepancy between what they said the fees were and what the bailiff had written down; plus asked them what regulation stated they could clamp the vehicle and also asked for the car key to be returned we had given to the Bailiff. I also disputed the £110 Van fees. I sent the e-mail at 11.15am this morning and still haven't had a response. I wonder why (asks satirically)? I have also asked if i require a SAR for the photos!

[ploddertom]

Re: Jacobs Bailiffs - clamped vehicle but will not take possesion of it

What did you originally owe in default for council tax as i can not see why they charges so much on the 2nd of july.

Think you may find this was the debt outstanding at that date.