Easter Sunday enforcement visit bailiff action for Rates

[Pancake]

Please advise, an enforcement officer visited visited our property to collect rates arrears, he has arranged to meet a female family member alone in an isolated industrial estate, she became distressed at being left alone with a substantial amount in cash, the enforcement officer was eventually more than two hours late. The short version, she had been coerced into an agreement without the correct protocol or procedure and having to abandon a family gathering for Easter Sunday dinner with family from Ireland.

i was very concerned at the tactics used by this individual, and tried to explain that the premises belonged to my late father who passed away and the premises were in effect part of the estate in probate, the enforcement officer pushed away the death certificate, explaining he had no need to see it as he was only interested in the address and my wife.

I requested a breakdown of the charges to pass on to the executor of the estate as he indicated they were quite substantial, his tone became agitated to the point where I, being alone with this individual moved myself to a place of safety and offered £500 for him to leave and that I be given the opportunity to see the account and charges, his response was "you have just made a very big mistake, I will see to it personally that charges will increase by £1500.00 and the removal team will be here Bank Holiday Monday or 7am Tuesday Morning before I get any opportunity to discuss it with anyone, if they do not receive full payment before removal of goods tomorrow or Tuesday I will also incur further charges by the hour.

[Pancake]

Re: Easter Sunday enforcement visit bailiff action for Rates

which is why I think formal complaints need to go in ASAP :tinysmile_hmm_t2:

Update, now that Jacobs have the full information the issues have been addressed, business rates are owed and arrangements have been made for this, wife as third party has been removed from any responsibility to the debt and the estate accepts full liability.
we have liaised directly with Simon Jacobs himself who has been sympathetic to the families situation, no further charges have been added and a payment arrangement appropriate to the business put in place. A formal complaint has gone into the local council which will be followed up to the local government ombudsman. Local councillors and MP have come on board to support the complaint, not one person, organisation or business has shown any support for the shambolic scheme and all are in agreement it was purely designed as a revenue generator as opposed to a traffic management scheme.
thank you for your earlier comments.

[Pancake]

Re: Easter Sunday enforcement visit bailiff action for Rates

Needs escalating through the Council - at least Head of Revenues & with Bailiffs should be Simon Jacobs who is made aware.

Have you contacted your local Councillor(s) yet?

Again, thank you all for your input, as mentioned before this is not a simple cut and dry example of Jacobs making a mistake, it is a combination of both local council and Jacobs taking advantage of a situation.

the business in question was successful for several years up to the point when the local council introduced an unprecedented permit parking scheme around the premises, in an isolated industrial estate, the local council demanded a one off fee of £175 up front for the privilege of parking a mile away from a football stadium, they did not introduce this anywhere else nearer to the stadium or in their borough, after years of successful trading the business was destroyed in just one single match, ever since it has struggled. The local authority then increased business rates by more than double whilst removing the ability to trade to pay them, now Jacobs treat them like criminals.
eventually the local authority backed down and removed the £175 permit fee, replacing it with a single matchday fee of just £4 but has done nothing to compensate for loss of business, or to help get the lost customers back.
it instead enforces bailiff action at the first sign of financial difficulties.
the local council refuses to enter into any kind of dialogue for the damage caused by the ill thought out permit parking scheme, unheard of anywhere else in the country

[bizzybob]

Re: Easter Sunday enforcement visit bailiff action for Rates

which is why I think formal complaints need to go in ASAP :tinysmile_hmm_t2:

Definitely, CEO, Elected Leader, local ward member and MP, also send a copy to Data commissioner, if person being chased by Jacobs was nothing to do with Ltd Company, Jacobs had no right to discuss, disclose or collect from them on the debt. They should have gone through the executors.

[Kati]

Re: Easter Sunday enforcement visit bailiff action for Rates

They will claim the third party willingly paid so tough excrement suck it down and pay the rest or else, there could well be various offences involved here potentially or actually criminal. Jacobs and the council will rely on the wife being a mushroom, and doing as they say, not seeking advice as an option.

which is why I think formal complaints need to go in ASAP :tinysmile_hmm_t2:

[bizzybob]

Re: Easter Sunday enforcement visit bailiff action for Rates

I am ni expert but reading government websites the debt is with the company that no longer exists I may be thick but the person who paid 500 to get rid of bailiffs is entitled to the money back and jocobs and the council have committed some offence or are the allowed to act beyond the law ???

They will claim the third party willingly paid so tough excrement suck it down and pay the rest or else, there could well be various offences involved here potentially or actually criminal. Jacobs and the council will rely on the wife being a mushroom, and doing as they say, not seeking advice as an option.

[wales01man]

Re: Easter Sunday enforcement visit bailiff action for Rates

I am ni expert but reading government websites the debt is with the company that no longer exists I may be thick but the person who paid 500 to get rid of bailiffs is entitled to the money back and jocobs and the council have committed some offence or are the allowed to act beyond the law ???

[bizzybob]

Re: Easter Sunday enforcement visit bailiff action for Rates

Doi as PT suggests, also inform your MP, and the Data commissioner, as the Jacobs EA is in breach of DPA by discussing the debt if wife is not or was not a Director of the Ltd Co. Move any car away from the premises, Jacobs are known for wrongfully removing and selling third party vehicles.

[ploddertom]

Re: Easter Sunday enforcement visit bailiff action for Rates

Needs escalating through the Council - at least Head of Revenues & with Bailiffs should be Simon Jacobs who is made aware.

Have you contacted your local Councillor(s) yet?

[wales01man]

Re: Easter Sunday enforcement visit bailiff action for Rates

I had a LTD company when it was dissolved the Debt for business rates was cancelled on the surface it seems the Bailiff is totally out of order as is the Council

[Kati]

Re: Easter Sunday enforcement visit bailiff action for Rates

You can complain to Jacobs head office about their handling of this (and of the actions of their enforcement agent) - http://www.jacobsbailiffs.co.uk/faqs/

How can I complain against a Jacobs Enforcement Agent or Employee?
At Jacobs we will treat people with courtesy and respect. Our employees and Enforcement Agents are all trained in legislation, and have a Code of Practice which they must work to.

What is a complaint?

“Any expression of dissatisfaction received about the service provided by Jacobs.”

A complaint is usually about something specific for which we are responsible, such as:
· The attitude or conduct of an employee or Enforcement Agent;
· Errors in processes or procedures;
· Incorrect fees have been charged

What is not a complaint?

We appreciate that when an Enforcement Agent calls it can be an emotional and/or worrying experience for customers. The Complaints procedure does not cover a complaint against the Enforcement Agent for calling or doing their job.

How to Complain

If you have good reason for making a complaint then we need to know. Please provide us with details of your concerns.

You can make a complaint:-
· in person to the Enforcement Agent
· in writing to our Head Office:

4 Europa Boulevard,
Birkenhead.
CH41 4PE

· By Telephone direct
0845 601 2692


We acknowledge all complaints in writing. We have a fully robust complaints policy and procedures. We will investigate your concerns and will aim to provide a full reply within 10 days.

and they have a 'contact us' page (with email address) here too - http://www.jacobsbailiffs.co.uk/contact/

Jacobs, 4 Europa Boulevard, Birkenhead, Merseyside, CH41 4PE.

Tel: 0345 601 2692 Fax: 0151 650 4999

Email: info@jacobsenforcement.com

Call Centre Opening Hours

Monday to Thursday	8.00 am to 8.00 pm
Friday	8.00 am to 7.30 pm
Saturday	8.00 am to 1.00 pm
Sunday	8.00 am to 1.00 pm

The complaint to the council should go to the department you are dealing with (and cc the council's CEO and your MP).

I'd (personally) suggest you do this in writing (keep a paper trail)

[Pancake]

Re: Easter Sunday enforcement visit bailiff action for Rates

You might find (although I'm not 100% certain) that a formal complaint will mean the enforcement action is put on hold while it is being investigated ...

Thank you again for your help, it may well be that this would be a sensible action to take, both the Bailiff and Local Council are determined to force the action now and if need be remedy it at later stage.

what is the procedure, who, what and how do we process a formal complaint

"A full breakdown of all correspondence, payments to date and details of all associated fees, penalties and charges, has the correct procedure been followed at all times are the penalties legally enforceable under the circumstances of my fathers illness and passing, and, are there likely to be further penalties. Once we have all the information to hand we will address any outstanding payment. I am sure you can understand our request and we would very much appreciate your full cooperation.

The only documented evidence I have witness to is a Jacobs Enforcement Removal notice taken from my wife with a scribbled figure and no date, I don't think it is unreasonable, as the estate is liable, even at this late stage to request a breakdown of the account and penalties to date, especially as my late father was in no position to deal with the business due to ill health, he was hospitalised for many months with a terminal illness, under the Ministry of Justice Standards he would be classed as a vulnerable person which at no time has been addressed.


I fully understand Jacobs enforcement teams have a responsibility to collect debts owed however not all debts are simple cut and dry processes, and each one should be judged on its own merits and circumstances, as too should the penalties incurred involuntarily.


It is my personal opinion that had Jacobs furnished Mr Bishop with the full information for the premises and the circumstances surrounding my fathers situation, my wife would not have been approached to deal with the account and neither would the account have been penalised.

[Kati]

Re: Easter Sunday enforcement visit bailiff action for Rates

You might find (although I'm not 100% certain) that a formal complaint will mean the enforcement action is put on hold while it is being investigated ...

[Pancake]

Re: Easter Sunday enforcement visit bailiff action for Rates

you can do that if you want ensuring they're redacted of course

Have you put in formal complaints yet (to both the council and Jacobs)?

No no not as yet, we are more concerned at current action, as the Bailiffs appears determined to escalate before we can get the full details, the estate has been through an extended period of probate otherwise it would have either been handed back to the Pubco or carried on by the family, no one has had the opportunity to negotiate any new terms, obviously this action now, may dictate future decisions, the local council were informed of the situation last summer and again after my father passed away, for some reason they have no record of this and continued to operate the account in the dissolved company..

[Kati]

Re: Easter Sunday enforcement visit bailiff action for Rates

if I could cut and paste to here I would add the emails

you can do that if you want ensuring they're redacted of course

Have you put in formal complaints yet (to both the council and Jacobs)?