jacobs bailiffs helpppp

mell77

hi there i had a visit from the bailiffs saying they need payment for overdue tax i owe quite a lot and obviously can not afford to pay it all back in one go, i let him in and he wrote down all tv,furniture and tables and sofas etc... i have missed about 5 payments and am now worried they are gonna send someone round to remove my goods.
i have emailed them saying im gonna make up the difference and get back on track, hope it works, does anyone have any advise on what to do if they call again??
also i had been paying them for about 3months and recently received a letter saying they are going to send someone round as i never sent them proof of benefits i was on?? i was never asked to provide evidence, i was asked if i was on tax credits and i said yes so there for we arranged 10 pounds a week? but never got asked to see or send off anything?
mell x

RAS

mell

Your situation is more difficult because you let the bailiffs in and because they can now add more charges to the bill.

Can you tell us how much the bill was when the bailif arrived and what exactly put on the Walking Possession order (the list of houshold items). Need to try and work out if this WPO is legal.

dancingfairy

You really really should not have let them in- as RAS says they can now add a load more charges. Sigh. Right - was the levy done today or was it done previously and you are now in arrears with an arrangement you made with them- can you clarify as I am slightly confused.
Also RAS will help if you provide the details of what they have levied as 1) they are only allowed to make certain charges, 2) I do believe there are certain things they can't take - stuff on HP, stuff that belongs to someone else - a Landlord etc, and other things. If they have made any mistakes the levy might be invalid which will be to your advantage.
Are you paying off any other debts please as well?
df

dancingfairy

You also need to make sure the amount you actually owe is correct and takes into account your benefit status and if it is not you need to get this corrected - the benefits issue needs to be sorted to reduce your debt.
df

mell77

809.82-levy and walk poss fees-49.00/24.50/12.00-other fees-24.50=919.82
834.63-levy and walk poss fees-24.50/49.00/24.50/12.00=944.63
875.89-levy and walk poss fees-50.00/24.50/12.00/24.50=986.89
755.96-levy and walk poss fees-47.00/24.50/12.00/24.50=863.96
items wrote down-
3 seater settee(blue) but have changed the covers so its now red?
2 tvs/dvd player/video player
tv stand
glass and wood dining table and 6 chairs
microwave
pc and moniter
all free standing furniture.
hope someone can help. x

mell77

i did this agreement on the 22/09/10
im also paying off 40.000 debt and other smaller household debts.
he put me down on the form as my maiden name but im married? will this make it void ?

RAS

Starting point

Are these four separate liability orders (CT debts for different years)?

Second when you say, all free standing furniture - what exactly has he written?

mell77

they are for 4 years so 4 diff ones, but i thought i would just get 1 big bill???
and he actually wrote " all free standing furnishings".
thanks for tryin to help x

hallowitch

3 seater settee(blue) but have changed the covers so its now red?
2 tvs/dvd player/video player
tv stand
glass and wood dining table and 6 chairs


can you tell us how many people live in your home
are the tvs the new kind( flat screen plasma LCD) or the old ones
is the dvd player top of the range or bog standard

I'm not trying to slate your goods here but bailiffs can only levy goods with an auction value (a video recorder will have no value at auction neither woulds an old style telly)

goods levied must cover all bailiff fees removal fees storage fees auction fees and a portion of the debt
are any of the levied goods on HP



NATIONAL STANDARDS FOR ENFORCEMENT AGENTS may 2002



Those who might be potentially vulnerable include:

• the elderly;
• people with a disability;
• the seriously ill;
• the recently bereaved;
• single parent families;
• pregnant women;
• unemployed people; and,
• those who have obvious difficulty in understanding, speaking or reading English

List A

1) The following articles belonging to a debtor shall be exempt from distress at the instance of a creditor in respect of a debt due to him by the debtor-
a) clothing reasonably required for the use of the debtor or any member of the debtor's household;
b) implements, tools of trade, books or other equipment including a car or van reasonably required for the use of the debtor or any member of the debtor's household in the practice of the debtor's or such member's profession, trade or business, not exceeding in aggregate value £1,000 or such amount as may be prescribed in regulations made by the Lord Chancellor;
c) medical aids or medical equipment reasonably required for the use of the debtor or any member of his household;
d) books or other articles including a computer reasonably required for the education or training of the debtor or any member of the debtor's household not exceeding in aggregate value £1,000 or such amount as may be prescribed in regulations made by the Lord Chancellor;
e) toys for the use of any child who is a member of the debtor's household;
f) articles reasonably required for the care or upbringing of a child who is a member of the debtor's household.

2) The following articles belonging to a debtor shall be exempt from distress if they are at the time of the distress in a dwellinghouse and are reasonably required for the use in the dwellinghouse of the person residing there or a member of the household-
a) beds or bedding;
b) household linen;
c) chairs or settees;
d) tables;
e) food;
f) lights or light fittings;
g) heating appliances;
h) curtains;
i) floor coverings;
j) furniture, equipment or utensils used for cooking storing or eating food;
k) refrigerators;
l) articles used for cleaning, mending, or pressing clothes;
m) articles used for cleaning the dwellinghouse;
n) furniture used for storing-
(i) clothing, bedding or household linen;
(ii) articles used for cleaning the dwellinghouse; or
(iii) utensils used for cooking or eating food;

o) articles used for safety in the dwellinghouse or of household articles
3) The Lord Chancellor may by regulations add to the list set out in subsection (2) above, or delete or vary any of the items contained in that list.
We consider that under 1(b) and 1(d) the preferable aggregate value might be £1500.

List B

Such tools, books, vehicles and other items of equipment as are necessary for use personally by the tenant in their employment, business or vocation and such clothing, bedding, furniture, household equipment and provisions are as necessary for satisfying the basic domestic needs of the debtor and his family.




Irregular Distress (levy) by Bailiffs
[edit]MRS AMBROSE v NOTTINHGAM CITY COUNCIL
This is another well known legal cases that has been relied upon many times when either issuing proceedings, or one that can be referred to when writing a letter of complaint. This case concerns a lady by the name of Mrs Ambrose who claimed that a levy (distress) was irregular as bailiffs had removed goods from the home that were necessary for “providing the basic domestic needs of the family”
Background:
Mrs Ambrose and her husband had an unpaid Council Tax bill for £851.00 owing to Nottingham City Council. In September 2003, Rossendale’s Bailiffs attended at their home to levy distress on goods. Rossendale’s had entered the property, where they identified items that were listed on a Walking Possession. Next to those items listed, the bailiff wrote the words: “and all other goods on the premises unless exempt or specially exempt by statute.” The bailiff had not looked around the house; he had merely entered one room and was therefore unable to see which items were “exempt”
Regulation 45 of the Council Tax (Administration and Enforcement) Regulations 1992 lists the following items as being exempt from seizure:
"Such tools, books, vehicles and other items of equipment as are necessary for use personally in employment, business or vocation"
"Such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying basic domestic needs of the person and family".
As the Council Tax remained unpaid, the bailiff returned with a van to seize furniture that included a sofa, footstool and two dining chairs.
District Judge Cooper agreed that the seizure was irregular as the bailiff had removed furniture that was necessary for “satisfying the basic domestic needs of Mrs Ambrose and her family” This was because, amongst other items removed, the bailiffs had removed 2 dining chairs. They left behind the table and the remaining two chairs. As the family consisted of Mrs & Mrs Ambrose and one child, the bailiffs should have left seating for 3 people, not two.
Nottingham City Council had argued that there could not be any irregularity as Mrs Ambrose had signed the Walking Possession. This was rejected by Judge Cooper who agreed that Mrs Ambrose was faced with the prospect of having her goods removed unless she signed the Walking Possession.
As important as the above is, the Judge also agreed that the wording on the Walking Possession was deficient in that the reference to “all other goods on the premises unless exempt” did not specify what those other goods were, and which ones were exempt. The Judge agreed that the levy was also irregular for this reason.

mell77

the bailiff never looked round my house he just asked what tv was upstairs, my tvs are big old ones, i told him the dvd player and video dont work, i told him the microwave only half the buttons works? we have a 3 seater and a 2 seater but he chose to write the 3 seater to go? i live here with my husband and teenage son.
to be honest they wouldnt even get 200.00 for all of it, i dont have new things as i carnt afford them x
nothing is on hp.

dancingfairy

Are you on council tax benefit? have you looked to see if you are eligible?
Why have you not paid anything for 5 months please?
I'm not sure about levys and stuff but RAS knows more about them.
df