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

[starukkiwi]

Hoping you can advise me - we were in default of Council Tax as the Local Council did not bill us correctly. They then sent the bill to the bailiffs - we wrote to the council in October to ask them to take the debt back; however, they sent a letter which we did not receive until the 20th October and with my husband being rushed into hospital for three weeks I didn't make the payment straight away. However, I have made a payment to the council (I should have read your post about weekly payments) but I did send Jacobs a cheque in the post on the 20th October for the fees the Council said were owing.

Then last Thursday, the Bailiff found my car and clamped it - it is an old car and we were going to scrap it as the tax is due at the end of December and we can't afford the tax. So we said to the Bailiff - you can have the car but we are paying the council and we only owe £208.50 - he wants £1426.33 plus costs! On Friday he posted the "Removal 5pm today" notice through the door - he hasn't knocked once by the way, so I phoned him and told him he could have the car and I would leave the key under the door mat; but he doesn't want the car and said he would accept £700 on the Friday and £700 next month. I said see you at 5pm - he didn't turn up and the car remains clamped.
Over the weekend I came on your site and found the letter asking for the breakdown of charges and so I sent that to Jacobs via e-mail and said that we had sent a cheque for £208.50, which they had not cashed and therefore I had reported the cheque as lost to the Bank.
I was at work yesterday and he phoned our house phone four times in 10 minutes and basically taunted my husband (fortunately, my husband is made of sterner stuff) but as he has just come out of hospital, he was resting and the calls shook him up a little. The Bailiff said he would call at 5pm and my husband said he could call but that the conversation would be recorded - he didn't phone. I
So at the end of all this - I was wondering where we stand as the Bailiff has clamped the vehicle but won't take it - can we force him to? It would save us having to scrap it and also can we change ownership to the Bailiff? We live in an area with resident's parking and the permit is for that reg at the our address - so I would like to tell the council the car is no longer ours.
Any advice/help gratefully received

[teaboy2]

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

What was there break down of charges as it seems going by what you owed in council tax original and what the bailiff is asking for that they have applied illegal fees, therefore the levy on the car maybe invalid - Personally, i would take a grinder to the clamp and get the local scrap dealer to take the car away. I would love to see the bailiff validate the clamping of the car and refusal to remove the car, whilst charging illegal fees to you to court judge, even more so when you told them to take the car. Which effectively means you granted them property of the car, they then refused remove their property from your land, so you had it removed yourself as it blocked your access to your use of your property.

[starukkiwi]

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

Oh thank you I was wondering whether I should give notice to them that as of the 23rd November the cat is not legally in my possession and that I have informed the council of the fact and to remove that permit from the database. The little wardens are hot on it round here and they would then receive a ticket - if I remove the clamp can I be charged with Malicious damage?

[starukkiwi]

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

What was there break down of charges as it seems going by what you owed in council tax original and what the bailiff is asking for that they have applied illegal fees, therefore the levy on the car maybe invalid - Personally, i would take a grinder to the clamp and get the local scrap dealer to take the car away. I would love to see the bailiff validate the clamping of the car and refusal to remove the car, whilst charging illegal fees to you to court judge, even more so when you told them to take the car. Which effectively means you granted them property of the car, they then refused remove their property from your land, so you had it removed yourself as it blocked your access to your use of your property.

Apologies, no I repeatedly asked the bailiff for a Breakdown of fees, which he has failed to provide and therefore I have e-mailed the template letter (customised) to Jacobs asking for the full breakdown of fees.
It isn't on our drive as we don't have one, we do; however, have a space in a parking bay which is being blocked by the clamped vehicle

[teaboy2]

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

The parking Space, is it part of your tenancy agreement, or paid for by you from the council or landowner i.e. rented? If yes to either then as the tenant its your property and their keeping the car on it when you have given formal notice that they can take the car and its now legally theres, then them leaving it there may amount to tort of trespass (Basely v Clarkson (1681) 3 Lev 37)

The Bailiff should have produced a breakdown of fees. Can you check see if this so called bailiff is registered by using this link and let us know - http://certificatedbailiffs.justice....catedBailiffs/

If hes not registered then both him and JBW will be in trouble!!

[starukkiwi]

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

The parking Space, is it part of your tenancy agreement, or paid for by you from the council or landowner i.e. rented? If yes to either then as the tenant its your property and their keeping the car on it when you have given formal notice that they can take the car and its now legally theres, then them leaving it there may amount to tort of trespass (Basely v Clarkson (1681) 3 Lev 37)

The Bailiff should have produced a breakdown of fees. Can you check see if this so called bailiff is registered by using this link and let us know - http://certificatedbailiffs.justice....catedBailiffs/

If hes not registered then both him and JBW will be in trouble!!

Oh he's registered - under Macclesfield Council - but I have repeatedly asked him for his certificate - the parking bay isn't part of any tenancy agreement - it is part of Trafford Councils way of extorting money from local residents (A whole other topic!) However, while it is there, it is preventing other residents from parking and the Parking Permit is mine - i left it in the car so a ticket wouldn't be issued against me. However, this bailiff is what one might call a Thrush and continually lies - I think he has been referred to elsewhere on this site for menacing behaviour and I have 2 Police Crime Numbers against him, one for failing to leave when asked and another for following me down the street and threatening me. I have complained to his office but of course he strenuously denies all accusations!
He has threatened the normal - coming with a locksmith etc but I have told him he can have the car - do i need to put it in writing to his office with the V5 receipt?

[teaboy2]

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

He must be registered with the MOJ to be certifield bailiff with JBW being his employers. So if the MOJ result show him as working for Macclesfield Council , then hes in trouble and so are JBW as hes required to update his credentials otherwise his certificate is invalid i believe.

As you granted them ownership of the car then they are unlawfully parked and are committed an offence using your permit. My advice is to fill in the new owners details as JBW's and send the car documents off then report them for unlawfully using your parking permit!!

Did he actually levy the car and give you a few days notive to pay by giving you a copy f the levy, or did he just clamp it without notice!

By the way involving the media here wouldn't do any harm either, JBW will soon **** a bucket and work tirelessly to correct the situation then!

[ploddertom]

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

He cannot clamp for Council Tax!

[teaboy2]

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

Right in that case hes committing trespass to your poperty by denying you access to use of your car. Therefore as the clamping is unlawful as Ploddertom points out, get the grinder out and remove it, its on your property (car) and he had no legal right to put it on therefore rescinds his right to claim the clamp or for any damage caused to it.

[starukkiwi]

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

Right OK, so he's xlamped for Council tax -so to sum up; I complain to the Council & I report JBW to the MOJ - I don't have a grinder (the car is around the corner, so I couldn't get an electric cable to it) but it has a padlock, so boltcutters?
Plodderton, you say he cannot clamp for Council tax - so this is harrassment and intimidation so I report him to both the council and the MOJ?
As I have posted, he is registered at Macclesfield Council until 20/12/2013, we live in Trafford and I have often wondered how a bailiff can operate from another magistrate jurisdiction.

[ploddertom]

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

I'm confused a bit but think I have it sorted. The title of your thread says Jacobs Bailiffs but in your thread above you say JBW - a typo I assume.

The other point of confusion is where you say Macclesfield Council - I think you mean Macclesfield County Court which is where this Bailiff was granted his Certificate. To answer your question on jurisdiction - a Bailiff may be granted a Certificate at any County Court within England or Wales - they usually do it at their local Court or that of their employer. This allows them to levy distress at any address within England or Wales so as an example he could be Certificated at Penzance County Court (Cornwall) and still work lawfully in Northumberland.

The reason he has clamped your car is a simple one, he will doubt you know your rights and the clamping will force you to pay up without question. If your vehicle is only worth scrap then it will not cover the following if removed:
a - all Bailiff fees
b - the costs of removal & storage
c - the costs of the auction
d - the Auctioneers fees
e - a payment towards the debt outstanding
At most the vehicle will attract £50 so you can argue he has only made the levy and all associated charges in order to gain a financial advantage for himself & his Company. Have you asked for a breakdown of his fees - I imagine they will read better than a fairy story, send Letter 1 from http://www.legalbeagles.info/forums/...Useful-Letters , send initially by email backed up by a copy in the post.

You also need to know exactly where you are in relation to the Council. You need to speak to someone at the Council and ask the following questions:
1 - how many Liability Orders they have against you
2 - the dates they were obtained
3 - the addresses they were for
4 - the period of time each covers
5 - how much each one was for
6 - how much is still outstanding
7 - the dates they were passed on for enforcement
8 - the dates & amounts of any payments

The scenario you outline about the Bailiff owning the vehicle will not work as he is only claiming to have taken legal control over it and not ownership.

[starukkiwi]

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

He must be registered with the MOJ to be certifield bailiff with JBW being his employers. So if the MOJ result show him as working for Macclesfield Council , then hes in trouble and so are JBW as hes required to update his credentials otherwise his certificate is invalid i believe.

As you granted them ownership of the car then they are unlawfully parked and are committed an offence using your permit. My advice is to fill in the new owners details as JBW's and send the car documents off then report them for unlawfully using your parking permit!!

Did he actually levy the car and give you a few days notive to pay by giving you a copy f the levy, or did he just clamp it without notice!

By the way involving the media here wouldn't do any harm either, JBW will soon **** a bucket and work tirelessly to correct the situation then!

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

[ploddertom]

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

Are you saying you have not had a Notice of Seizure (Form 7) that lists the car on it?

[starukkiwi]

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

I'm confused a bit but think I have it sorted. The title of your thread says Jacobs Bailiffs but in your thread above you say JBW - a typo I assume

The other point of confusion is where you say Macclesfield Council - I think you mean Macclesfield County Court which is where this Bailiff was granted his Certificate. To answer your question on jurisdiction - a Bailiff may be granted a Certificate at any County Court within England or Wales - they usually do it at their local Court or that of their employer. This allows them to levy distress at any address within England or Wales so as an example he could be Certificated at Penzance County Court (Cornwall) and still work lawfully in Northumberland.

Yes it is, apologies - it si JAcobs and Macclesfield County Court - thanks for the clarification

The reason he has clamped your car is a simple one, he will doubt you know your rights and the clamping will force you to pay up without question. If your vehicle is only worth scrap then it will not cover the following if removed:
a - all Bailiff fees
b - the costs of removal & storage
c - the costs of the auction
d - the Auctioneers fees
e - a payment towards the debt outstanding
At most the vehicle will attract £50 so you can argue he has only made the levy and all associated charges in order to gain a financial advantage for himself & his Company. Have you asked for a breakdown of his fees - I imagine they will read better than a fairy story, send Letter 1 from http://www.legalbeagles.info/forums/...Useful-Letters , send initially by email backed up by a copy in the post.

I did this on Sunday

You also need to know exactly where you are in relation to the Council. You need to speak to someone at the Council and ask the following questions:
1 - how many Liability Orders they have against you
2 - the dates they were obtained
3 - the addresses they were for
4 - the period of time each covers
5 - how much each one was for
6 - how much is still outstanding
7 - the dates they were passed on for enforcement
8 - the dates & amounts of any payments

The scenario you outline about the Bailiff owning the vehicle will not work as he is only claiming to have taken legal control over it and not ownership.

I will contact the Council tomorrow - however, due to their incompetence; we weren't billed properly for four years - however, we have started to pay now.
So can he clamp the vehicle? I have offered to pay the fees of £208.50 as directed by the council - he wants his commission and is refusing to accept it. I just need to know where I stand in relation to Jacobs?

[starukkiwi]

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

Are you saying you have not had a Notice of Seizure (Form 7) that lists the car on it?

No I haven't