Easter Sunday enforcement visit bailiff action for Rates

[Pancake]

Re: Easter Sunday enforcement visit bailiff action for Rates

was this a ltd company?

yes it was and it was dissolved due to illness, also in one of this mornings emails to Jacobs we have requested a full breakdown of the account and once we have received this any outstanding will be addressed, providing of course that they take into account the full circumstances.

it has only come to light in the last hour that the liability order is for a dissolved LTD company, Jacobs claim it is for the address and holds my wife fully accountable, she has no part of the estate or was any part of the dissolved company of my father.

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

[wales01man]

Re: Easter Sunday enforcement visit bailiff action for Rates

was this a ltd company?

[Pancake]

Re: Easter Sunday enforcement visit bailiff action for Rates

We have made request for a detailed breakdown, we have also informed them that the local council have disclosed that the debt is in the name of the deceased company that has been dissolved, the concern is that as they have escalated it to sale and disposal they will just turn up to the address and either demand immediate payment or remove goods forcibly then leave it to the council afterwards. Either way we can see significant charges being incurred to justify removing goods that will not be seen again.

[Pancake]

Re: Easter Sunday enforcement visit bailiff action for Rates

OK pancake, I doubt anything else will happen today, as you can appreciate most of our members are having an Easter break I will flag your thread first thing tomorrow and hopefully you will get a more positive response
Enaid x

Thanks to everyone for their input, this morning two emails have been sent to the bailiffs office, no reply as yet, a request has been made for a full breakdown of all correspondence and actions to date including penalties fees etc, the local council have also been contacted via telephone and by email, they claim not to know about the situation with regards the deceased, also that the bailiffs have to be paid and we can deal with the situation afterwards. The enforcement agent claims the debt is attached to the property, the local council this morning have said the liability notice was issued to the business which was dissolved some time ago due to the circumstances.

[ploddertom]

Re: Easter Sunday enforcement visit bailiff action for Rates

Unfortunately they can now call on Sundays & Bank Holidays.

I assume this is for unpaid business rates due to the demise of the deceased. Did anyone notify the Council that the Leaseholder had passed away - in the same vein has the Landlord been notified? Do you have a receipt for the monies passed over? First thing tomorrow morning whoever has the power to do so should speak to the Council about this to find out exactly how much the Liability Order was for & why correct procedures have not been followed. Do not be fobbed off as the Council are 100% liable for the actions & charges of their contractors. In your shoes I would also be engaging with the local Councillor(s) and asking them to help.

As for Jacobs you need a precise breakdown of all charges made & why their Bailiff acted as he did. Reading through the above it would certainly appear there is enough to make an official complaint about his actions. Do you know what Notices/Letters have been received prior to all this and if anything was done about them.

[enaid]

Re: Easter Sunday enforcement visit bailiff action for Rates

OK pancake, I doubt anything else will happen today, as you can appreciate most of our members are having an Easter break I will flag your thread first thing tomorrow and hopefully you will get a more positive response
Enaid x

[Pancake]

Re: Easter Sunday enforcement visit bailiff action for Rates

In my opinion, my wife thought she was doing the right thing without consulting with anyone, it was only when she disappears for the family get together to go and meet with the enforcement officer, with cash she had borrowed from our daughters, only because of this and the distress caused did I find out and intervene, I have explained that I think there has been a mistake in the procedures and asked his advice, as I don't think some of these charges would apply under normal circumstances and I would like to see a review of the account and charges to date before advancing any further, he is adamant that this will not happen as he wasted his journey, even though he still accepted £500 and was over two hours late, he will be charging for the visit and with immediate effect escalate it to removal plus costs.

[Pancake]

Re: Easter Sunday enforcement visit bailiff action for Rates

I thought bailiffs couldn't visit on Easter Sunday (correct me if I'm wrong)?

Ministry of Justice National Standards, Times and Hours

55. Enforcement agents should be respectful of the religion and culture of others at all times. They should carefully consider the appropriateness of undertaking enforcement on any day of religious or cultural observance or during any major religious or cultural festival.

[enaid]

Re: Easter Sunday enforcement visit bailiff action for Rates

Did they have permission from the court to visit on a Sunday/Bank Holiday?

That's why I asked

[Kati]

Re: Easter Sunday enforcement visit bailiff action for Rates

I thought bailiffs couldn't visit on Easter Sunday (correct me if I'm wrong)?

[Pancake]

Re: Easter Sunday enforcement visit bailiff action for Rates

What HCEO or Enforcement Agency is this, possible DPA breach unless wife is executor.

jacobs, as soon as I tried to explain the situation and that my wife had no authority to enter into any agreement, it should have gone through the estate of my family.

i informed him there had been a complete breakdown in the communication process and possibly the correct protocol and procedures had not been adhered to, in view of this, and the distressed state of my wife and daughters on Easter Sunday, also his indication that it had already exceeded a number of levels with severe penalties in place.

i gave him £500 in cash and asked for a review of the account and,charges, he became agitated and informed me it had been escalated further with immediate effect as he walked out of the door, we would be incurring a further £1500 plus removal costs and would not have any opportunity to view the account or speak to anyone before he arrives back with the enforcement team

[bizzybob]

Re: Easter Sunday enforcement visit bailiff action for Rates

What HCEO or Enforcement Agency is this, possible DPA breach unless wife is executor.

[Pancake]

Re: Easter Sunday enforcement visit bailiff action for Rates

Did they have permission from the court to visit on a Sunday/Bank Holiday?

Not to my knowledge, when I questioned it his response was that he made a personal arrangement with my wife, who has not attachment to the property or the estate, I explained this to him and his response was it does not matter, she agreed the arrangement with him so she is personally liable for the debt.

i feel my wife has been coerced into this by intimidating tactics especially has she has no legal entitlement or duty to do so, I explained this to him and as he indicated the charges were quite severe I asked to see a breakdown and that any further communication should go through the estate, I also informed him there was no dispute about the rates, but he was directing it at the wrong person, he is still insistent on arriving to the premises with a removal team and add further charges including the Easter Sunday visit, although he did collect £500 in cash

[enaid]

Re: Easter Sunday enforcement visit bailiff action for Rates

Did they have permission from the court to visit on a Sunday/Bank Holiday?

[Pancake]

Re: Easter Sunday enforcement visit bailiff action for Rates

The individual is certain that he will have the enforcement team on site before any offices are open, I will be given the opportunity to pay in full and then apply to their office for any overcharges if proved, however the account is now escalated and further charges added for Easter Sunday together with the next visit increase by £1500